Advocate Anish Gurung

Questions Answered by Advocate Anish Gurung (25+ answers)

Q: Mutation Issue: Promoter Deceased, Tax Due

Sir/Madam, I have purchased a flat from a now-deceased promoter, but the land is still in the name of the original landowner. The property tax is outstanding, and there's no sanctioned building plan. Can I proceed with mutation of my flat in my name by paying my share of the dues? And what are my legal remedies if the landowner refuses to cooperate? and there are 6 flat including me on same assessment number and outstanding property tax on same record

Advocate Anish Gurung answered
You can just take the deed of registration and file it for mutation in the BLRO office of the jurisdiction of your flat. Make sure to take the photo copy of deed, and building plan and your identity card. There is no need of the owner. Only the purchaser has to be present during the hearing date

Q: Make a will of rented property. Can I gift it to someone.

I have land let out to Indian Oil Corporation through a lease agreement in Coochbehar (W Bengal). I got this property from my mother, Indian Oil Corporation pays rent in my name though in Khata it’s not in my name. I want to make a will of this property.1 Can I do so?2 Can I gift it?

Advocate Anish Gurung answered
Can you make a Will for this property?No — unless your name is in the Khata (Record of Rights / Land Revenue records) or the land is registered in your favour as the owner, (via gift deed or sale deed) you cannot make a Will for this property.Even though rent is being paid in your name by Indian Oil Corporation, the legal title still lies in the name of your mother (or whoever’s name is on the Khata).A Will can only be made for property you legally own.What can be done:You should first get the property mutated(if your mother is deceased) in the basis of inheritance or transfer it (via gift deed if your mother is alive) in your name on.Once mutation is done and you are the recorded owner — then you can freely make a Will.⸻Can you gift it?No — for the same reason.A person can only gift property that is legally owned and recorded in their name in revenue records.First, get mutation done(if your mother is deceased)After that, you can execute a Gift Deed (registered) in favour of any person you want.

Q: Property issue regarding land deed ar land mutation

Which is most important land deed or land mutation

Advocate Anish Gurung answered
Both are equally important Deed is the root document of ownership. It records how ownership is transferred from seller to buyer.Khatian is a land revenue record maintained by the government showing who holds and cultivates the land.Deed Proves legal transfer and chain of title.Khatian Reflects possession and government recognition for revenue purposes.A person can have a deed but unless Khatian is updated (mutation done), revenue rights and records remain unchanged.Khatian without a deed has no conclusive title ownership value — it’s just a record of possession.

Q: My wife filed divorce case but still not received any summons

My wife filed a divorce case in siliguri court and i have not received any summons yet. I am presently living in Kathmandu . I messaged my wife in what's app to send me a petiotion copy . I checked it online as the case was filed on 26rd march and appearance date is on 23rd june. And my wife has not send any reply in what's app. And i even don't know if she has filed any complaints or FIR in police station.I got married on 8th feb 2014 and have a son of 10 yeras which is with him.

Advocate Anish Gurung answered
You can search it online via e court app by entering the party’s name and look for the stage of the case for divorce case. And for the criminal case you will receive a summon at your place. You can message me for more information or for knowing the stage of your case. I can try to search your case number and the court in which the case has been filed

Q: Extramarital Affair affair of my spouse with a driver and she is rigor

My wife got involved in extramarital Affair since 2024 june with a cab driver. Although I have suspected the situation but she has denied initially. In the end of 2024 I have caught her and she has confessed her guilty . But she has kept on doing these till now but she always lie to me. Her behaviour has become vulgar day by day both with me and my son(6 years 8 months). I want her call history

Advocate Anish Gurung answered
You can file a divorce case on the grounds of adultery and mental harassment. Incase if your wife files domestic harassment case against you, show the judge the filing for divorce as a shield. And for proof for divorce kindly gather some proof for evidence eg whatsapp chat or any confession your wife made as you mentioned. Feel free to contact me for further service