Advocate Tathagata Biswas

Questions Answered by Advocate Tathagata Biswas

Q: partion deed between two brothers fioor wise separation

Religion: Hindu, Both the brothers want to keep the copy of original deed to avoid any dispute in future.

Advocate Tathagata Biswas answered
simple. one of the brother will file a suit for partition and the other brother will give consent and one map will be prepared and based on that map of final decree will be passed. should not take more than 2 months to complete the process if the court is not a busy one. and both of you can get certified copy of the judgement of the court inform of final decree which will have the certification of the court and also the copies can be used in evidence much better than a partition deed.

Q: I want to gift deed my house to my wife

Need to know the process of gift deed to gift my house to my wife. Currently, it is in the name of myself and my deceased mother.

Advocate Tathagata Biswas answered
a property cannot remain in the name of a dead person and with the death of your mother you have already become the owner of the property do the same may be recorded in the name of your mother as on date. so so if you want to transfer the property buy gift in favour of your wife then you must execute a registered gift deed in favour of your wife and the same can be registered from your nearest registration office which are often called registry office.

Q: rectification deed possible or not?

i have purchased a flat on loan from bank. later i came to know that the flat number is wrong in my deed. the previous owner says even he wasn't aware of the wrong flat number as he never stayed in the said flat. in all his documents, the number is the same as that in mine. later we found that there is another flat with the same number on the same floor, and our flat number needs to be corrected.is it possible to make correction of the mistake by executing rectification deed?

Advocate Tathagata Biswas answered
it is absolutely possible to execute rectification deed or a declaration that the apartment number mentioned is err. if the declaration is made by the previous owner and registered from the registering authority then the same is valid in eye of law and you can use that in all future reference and even for future transfer. what cannot be rectified rectification deed is plot number aur kutiya number.

Q: is Property claim by another holder possible in this case?

Hello,I moved out of our ancestral house a decade ago. My brother still resides there and he has not carried out any maintenance work in last decade. He has been trying to pressurize me to jointly build a new house on the same property as he may not have necessary funds to do it on his own. For incidents in the past and my family's safety and well-being i have refused to construct any house jointly with him. He has refused every other constructive proposal.for the past 10 years Presently we are the only two owners of the aforementioned property.My question is as my brother refuses to carry out any maintenance work if the building condition deteriorates can he claim the whole property by citing negligence on my part.Although please note that I have never stopped him from carrying out any maintenance work.

Advocate Tathagata Biswas answered
from your question it is very apparent that you are not in possession of the house but in spite of being out of physical possession for a decade your ownership over the property is still existing as because your brother is a cosharer and the possession of 1 coshare is like that of an agent of the other. so if no renovation is preferred by your brother then the same will not disentitle your claim but at this juncture I would suggest you not to admit anywhere in writing that you are out of possession for a decade. on the contrary by showing your willingness to take part in in partition of the property and its renovation you might send a legal notice to your brother stating that he should act on it within 7 days from the receipt of the notice eLCe will be compelled to file a suit for partition. thank you.

Q: I have got mutual divorce with my wife on 2018 March.We live separate from each other since 2017.In

I have got mutual divorce with my wife on 2018 March.We live separate from each other since 2017.In divorce paper it's clearly mentioned that we don't have any child in our widlock.In 2018 August My ex-wife gave birth her girl child .It belongs to her present husband.But during delivery he was absent for some work.That time on their request in humanitarian ground I helped my ex-wife to admit in hospital.There I fill admission form in my name as guardian/husband by mistake.Thereafter Hospital put my name as baby's father.Afterwards baby's biological father,mother also myself done correspondence with hospital to rectify this mistake.But they want court order to do so.They told to give Declaration and mandatory injunction suit in court and get order.Kindly advice how long time it will take to resolve this issue. Because it's a serious matter which harm reputation of our family.

Advocate Tathagata Biswas answered
in my understanding the question of mandatory direction only arises if there is a duty and the same is not performed and in the instant case there is no duty casted upon the hospital authority to rectify the birth certificate which was issued only as per admission made by you in writing and as such if all of you are in consonance then it would be better that the biological father files a suit claiming to be the father of the child and that too you only e declaratory relief and injunction against you so that you cannot claim to be the father of the child in which you should not have any objection, I believe. in the said suit if a decree is passed then and based on such decree the name can be changed. if you file a suit then there is every likelihood that you may be restrained from withdrawing your previous admission in writing which is not in consonance and permissible as per section 58 of the evidence act. thank you.