Advocate Abhishek Dutt

Questions Answered by Advocate Abhishek Dutt

Q: The name of the second holder is wrong in equity share

I have few equity shares in a company. While the first holders name has been given correctly the second name is wrong. Because of this my bank with whom I am having demat account refuse to accept the shares for demat process. what should be the course of action ? The second holders name has been given as L Bhattacharya instead of S Bhattatacharya.

Advocate Abhishek Dutt answered
Please ask the bank if a magistrate affidavit will do or not. If yes, we can get it done for you. In my opinion a magistrate affidavit along with an indemnity bond will suffice. If the bank does not agree, ask what documents they need. Ask whether they need a succession certificate. We can also do it for you.

Q: Owner of fixed deposit money of my father who died one month ago.

My father and mine have fixed deposit in banks either or survivor condition. My father died. We are 3 sisters and my mom is alive. Now this condition who is the legal owner of money of this fd??

Advocate Abhishek Dutt answered
If your father died without a will, all 4 persons are owners of the money lying in FD. However the nominee will be able to withdraw it. Or you need a succession certificate. Please call for more details

Q: Recovery of ₹10 Lakh Given by Deceased Father + Land Fraud

Respected Legal Experts,I am writing on behalf of my mother and myself after the recent death of my father. Before his death, my father clearly told my mother that he had given ₹10 lakh to a trusted family acquaintance which was never returned. When we approached this person after my father's death, he began changing his statements to avoid repayment. I need legal guidance on how to proceed.Part 1 — ₹6 Lakh for Land Purchase (Fraud Involved):My father gave this person ₹6 lakh for purchasing 1

Advocate Abhishek Dutt answered
You need to file a civil case to attach his property and bank account to recover your money. You also need to file a criminal case for harassing him and punishing him for his acts of fraud. Please call for more details

Q: Inheritance of property through will

Hi, A testator executed a will bequeathing her property to her brother. After her death, probate proceedings were initiated by the executor. Before probate was granted, the beneficiary (the brother) died intestate. Probate of the will was subsequently granted. Thereafter, the daughter of the deceased beneficiary proposed to sell the property.In the absence of a will executed by the beneficiary, does his daughter have the legal right to sell the property bequeathed to him under orig will ? Thank

Advocate Abhishek Dutt answered
In reply I would like to state that the answer of your question depends on whether the beneficiary has only one daughter or any more legal heir. if he has only one daughter she can sell the property bequeathed to her father under the original will but if the beneficiary has more than one heir then the property becomes divisible into two or more parts and then the daughter can only sell her portion

Q: ILLEGAL CONSTRUCTION ON FIRST FLOOR

IN 1978 DEBJIT PURCHASED A PLOT OF LAND IN SALT LAKE KOLKATA. IN 1980 HE CONSTRUCTED A SINGLE STOREY HOUSE AFTER OBTAINING ALL PERMISSIONS AND LICENSES FROM THE STATUTORY AUTHORITIES. IN 1984 DEBJIT PASSED AWAY AND THE PROPERTY WAS MUTATED IN THE NAME OF MITA (DEBJIT’S WIFE) AND HER TWO SONS, KUSHAL AND AYAN. IN 1994 THE HOUSE PLAN WAS REVISED WITH ADDITION OF TWO STOREYS. THE HOUSE PLAN WAS APPROVED BY BIDHANNAGAR MUNICIPALITY BUT NO FORMAL CC OR OCCUPANY CERTIFICATE WAS RECEIVED FROM THEM. LAT

Advocate Abhishek Dutt answered
Sir your question is not complete. Please ask the question completely and I will answer it free of cost. You are requested to write the question in details or you can call for a telephonic consultation free of charge.