Advocate Suvam Sinha

Questions Answered by Advocate Suvam Sinha

Q: Took a house on rent, now police blaming for non payment of loan

Actually i am a tenant and my owner has mortgaged my house to bank n may have not paid the loan .... now police and some bank employees have asked us to vacate the house immedietly . i need time to search new house. I was not aware about the dispute when i occupied the house . I have been paying my rest on time till date . Please suggest me a way out . I just need some time to find new house for me and my family. They as saying us to vacate as soon as possible. please help

Advocate Suvam Sinha answered
for me to help you by giving a solution I first need to ascertain as to how the banks and/or the police are acting in the manner they are acting. is there any proceeding pending before the court of law, do they have an order to the effect that they can take possession of the property by evicting your. i need all this details before i can provide you with a suitable answer to help you out of your situtation.

Q: Devottar Partial Property occupied by other how to restrain him

I am Sevayet & Owner of Partial Devottar property with existing temple. My father transferred, relinquished Sevayet right in favour of me and another blooded brother by regd deed out of 5 sons & 2 daughter. My partner unmarried brother expired. Now others and some miscreants collecting money in the name of temple & forcefully occupied land and handed over to others. What to do restrain and over come the situation.

Advocate Suvam Sinha answered
File a title suite in the lowest court having power to try the case for a declaration of title over the property ( appropriate prayers to be made here) and also simultaneously file an injunction application restraining the miscreant trespassing, unlawfully occupying and carrying out illegal activities out of the said land/lands

Q: Married daughters blackmailing for property how to deal with it

I have 3 daughters all are married and established in every aspects. At the time of their marriage I have given them every thing (Jewellery & furniture) as per my status. I live with my only son who is also married but my 3 daughter are regularly creating pressure for property matters. They all are very greed for property, their intention is to take my assets and not my liabilities but how can I stop them and give them appropriate answer so that they stop harassing me and agree to take what ever I am will to give them.

Advocate Suvam Sinha answered
First i have to know, whether the properties in question are in your name or not. If it is an ancestral property then there is nothing much you can do to prevent your daughters from claiming their shares. However, if the property belongs to you, as in it is your name and basically means self acquired, then you are safe. Your daughters don't have any rights over your self acquired property (for defining self acquired property need a detailed explanation) and as such they cannot pressurize you in giving into their demands. So, i would suggest the best way to deal with your property, in the event you don't want a single share out of it to go to any one of your daughters, is make a gift out of the same and give it to the person you desire to have it gifted to, in this case i assume it is your son. Now, you might be asking the question, why not make a will and leave it to my son. the reason i am not suggesting that option (even though is considerably cheaper that making a gift deed) is because, upon your demise, in order for your son to have all the rights in respect of your properties be transferred in his name, he has to take out a probate application before the court. in this process, probate will only be granted if nobody objects to such grant of probate. and in the situation if an objection is raised, the case turn into a contested probate matter and this will involve multiple round of litigation which i feel is not the thing your and/or the your son is looking for.