Advocate Anindita Chakraborty

Questions Answered by Advocate Anindita Chakraborty

Q: Husband dumped me in parents house,zero contact,blocked me n my family

My husband left me in my parents house 3 months ago, no call/msg from him. He said he wants mutual separation. I have a voice recording of his parents talking abusive of me & my parents. I went to his house after 2 months, his dad asked me to get out at 10pm. They also have tied all my belongings in big bedsheets. They are blaming me for voice recording, causing mental trauma, health issues, husband lost job cz of me. I want to live with him, but they have political influence n can cause us harm

Advocate Anindita Chakraborty answered
you can file a case for restitution of conjugal rights and also maintenance. you have a good case as you have all the recording. you can ask for domestic violence also snd get shelter and maintenance from them

Q: Buying three one-RK studio combined as 2 BHK in Bangalore is right?

I want advice on buying three one-RK studio combined as 2 BHK in Bangalore from a good builder. The property registration for three studios would be done separately (i.e. total three registrations), and maintenance of three studios would be separate. Is it legal to buy a 2BHK like this? Will this cause any problems while reselling combined 2BHK? Will there be any legal problems in the future? Will there be challenges regarding property tax? Does it fall under RERA norms?

Advocate Anindita Chakraborty answered
As apparent from the question, you are involved in buying and maintaining the combined 2bhk. In such scenarios, ownership and liability towards maintenance, such as municipal tax, property tax, physical maintenance of property is separate. You being a person or any other persons has interest in the property cannot exercise his right towards ownership or possession per se. During resell, person being an absolute owner can exercise right and consideration. RERA pertaining to developer of land or real estate agency. It may not impact until you are a developer or agent.

Q: MOU and Assignment agreement understanding

I am buying a resale property in Bangalore. Its an unregistered and under-construction property I have given 1L as a booking amount. The seller is asking to make an MOU in a blank paper with some clauses mentioned.Can the MOU be made in a blank paper or it has to be specifically a STAMP paper ? If it can be done in a blank paper, is it legal ? can Assignment agreement be made based on a non stamp MOU. Also will the assignment agreement/tripartite agreement needs to be on a e-stamp paper ?

Advocate Anindita Chakraborty answered
Hi Sir,MOU may not be considered as agreement enforceable under any law. As name mentioned, it's just an apprehension. In MOU important binding clauses may be not be available such as representing and warrant, considering, objective, confidentiality, resolution and details of concerned property, effective date, execution date .Moreover, paying stamp duty is important and later on incase of dispute, the writing may be considered as collateral evidence and not actual evidence (Secondary evidence) per se. Moreover, your rights might not be protected because of lack of clarity, ambiguity. I suggest you to do an agreement, stipulating important clause with consequences incase of failure to perform.

Q: Property dispute of minors, now attained majority.

Hi, this is regarding a property purchased by my father but registered in my sister's and my name when we were minor. Is there a backdoor scheme that my father can use to remove our names and register it in his name? He wants to sell the property, but I do not consent to this. He said that he needs my Aadhar card to consult with an attorney regarding this property. Why will they need an Adhar card ? Thanks in advance.

Advocate Anindita Chakraborty answered
Dear Client without your consent, your father cannot sell or do anything with the property. your father have to take your signature for alienating the property. even for becoming GPA holder your signature is required unless he forges it. Thank you.

Q: Case Transfer application is pending before high court for a closed ca

Dear sir/madam,I have applied for a divorce in Bangalore family court and my wife had filled a transfer petition before high court to move to another city. However we have got divorced through mediation and divorce degree is also granted. But still the transfer petition is pending before the high court. Is that an issue? Opposite party is not closed that transfer petition. Should I need to worry about it? Please clarify. Thanks in advance.

Advocate Anindita Chakraborty answered
dear Client, you may appear before the high court through an Advocate and inform the Hon’ble Court regarding the decree granted in the family court and thus to close the case. this is the rule. this need to be followed.