Advocate Alakananda Das

Questions Answered by Advocate Alakananda Das

Q: Can wife stay with husband after filing 498a?

My sister got married in the year 2000. Her husband has always beaten her and demanded dowry after their marriage. Due to this, she has spent about 8-10 years of their 15-year marriage living in our father's house. Eventually, my sister filed a 498A case, and the court granted bail to her husband on the condition that he would take her home and treat her with dignity. However, after taking her back, he resumed torturing, beating her, and demanding money. He even tells her that he will continue to beat and harass her, and if she has a problem with it, she can send him to jail. My sister has an 11-year-old daughter and a 6-year-old son, both of whom are also beaten by their father. If I file a complaint in court about his cruelty, his bail may be canceled, and he may be punished. In such a case, can my sister stay in the matrimonial home? She cannot go to our father's house because he is very poor.

Advocate Alakananda Das answered
In your sister's case she has gotten an order in her favour and there is a serious violation of the order so kindly implement that on behalf of your sister or take your sister and go to the police immediately as the husband is beating both children and wife

Q: Process of filing a divorce of 7-8 months of marriage

My friend is a Hindu by religion. He had to get married under immense family pressure, and he has been staying with his wife now for 7-8 months (without any physical relationship). He now plans to move out of city and file a divorce. So how should he proceed with that?

Advocate Alakananda Das answered
He can file for annulment of the marriage on the grounds of coercion and non consummation of the marriage before the appropriate court having jurisdiction. He must produce the marriage certificate as well

Q: Records of Deed of Land from Land Reforms Department how to get

 There is a land of 0.0700 acre. The owners of this land recorded simultaneously in the deed are X(Husband of Y) and Y(wife of X) . But in the website of West Bengal Land and Land Reforms Department the owner of this land recorded as only in the name of X(Husband of Y). Now X(Husband of Y) and Y(wife of X) have only one son(Z). X(Husband of Y) was passed away. Now my question is: In the absence of X(Husband of Y) who are the present owner of this land among Y(wife of X) and Son(Z)? And if both are the owners of this land then who will get how many percent of this land? 

Advocate Alakananda Das answered
If the deed consists of two names and the record of rights has only recorded the name of one, the deed will subsist. The deed being in joint names the share in the property of x and y is one half each. Therefore the z inherits one half of half share of x. So yis the owner of one half and one fourth share and z is the owner of one fourth share

Q: Buying a property owner asking to money in very short period

Going to buy a property, owner asking for 15% advance at agreement and within one month registration and possession with full payment.. Is it too short time period for payment. What should I do?

Advocate Alakananda Das answered
Ask the seller to make it 10% of the consideration by executing an agreement for sale and thereafter full payment will be done on final Deed of Conveyance which can be before or by the date agreed to by the parties

Q: Issue of Capitation fees upon sale/rent of the Flat in private society

Dear Sir, I want to know whether Capitation fees upon sale/rent of the Flat is legal in private society/apartment. It is not co-operative society. I have bought a flat in a private society in kolkata. I have been told that If majority decides to give 1% Capitation fees upon sale and half of the months' income when giving on rent. As this is not a common property or issue but 1% share in my personal property,so i want to know whether this is legal which they insist to pay by saying majority's decision? .Please help with your advice. I am in no mood to obey any decision which prohibits my interest in my personal property.Most of the residents have bought a flat here making permanent home,so they want to loot money in this form.Please suggest me legally how can i proceed legally and whats' the chances of winning the case against them for this.

Advocate Alakananda Das answered
You may file an application before the consumer Forum and state your grievance before the said forum and the said application should contain the request of a capitation fee. If the said request was verbal you need not honour the same as it is not a part of the contract.