Advocate Arindam Bhaumik

Questions Answered by Advocate Arindam Bhaumik

Q: What is the Legel fees of lawyer for registration of property

My property market value is 1930000.my registration plus stamp duty is 129891.i wanting to know any rule about lawyer legal fees.pl rply

Advocate Arindam Bhaumik answered
upto 1 crore 2% of Markent value and over 1crore 2& of Markent value . Market value decided by registered office . 50% payment before registration . Balance will be paid at the time of registration

Q: Can the caste certificate be issued by other SDO Office?

Can one demand caste certificates from other than his SDO office by showing present address or temporary address? Is it legal?

Advocate Arindam Bhaumik answered
AT THE TIME APPLICATION FOR CAST CERTIFICATE AFFIDAVIT SUBMITTED IN D M OFFICE WILL BE SUBMITTED. AFFIDAVIT MUST IN FIRST CLASS MAGISTRATE. AFTER VERY FICATIONS CERTIFICATE ISSUED BY D. M OFFICE

Q: Can the divorce procedure be done on stamp paper

I was married last yr.but we don't have registry marriage. It's Hindu Marriage.now we get separation?? We don't go to court ,divorce all that.Can we do the process in written stamp paper and notarized it.is this possible for separation?? Can we separate in this process??

Advocate Arindam Bhaumik answered
The Supreme Court in 2012 ruled that the waiting period of six months can be waived off and a Marriage Laws Amendment Bill, 2010 was proposed which replaces the words "not earlier than six months" in Section 13-B with the words "Upon receipt of a petition." However the bill has not been yet passed by Lok Sabha as there was strong opposition to the bill and is still under a conflict.We can conclude that prior to this Act; there was no provision for Divorce as this concept was too radical as the marriage was considered as a sacred and divine bond. In earlier marriages wives were the victims and were always at the mercy of their husbands and in- laws family and had no source to raise their voice and revolt. But we can notice that there are pros and cons of every law. So the lawmakers of our country have a hard role to perform to see the future implications and act in a cautious manner.

Q: Can case be filed against for transferring money without notification?

My father was died on 20th September 2016 at Uluberia, Howrah.In the last few months my father was under one of my uncle and aunty. After death of my father I found that some large amount of money was transferred from my father's account to that aunty account and bank confirm the same just few weeks or days or may mostly a month before my fathers death. But as I know my late father's mental state of health was very poor since he was severe kidney, blood sugar and other related problems and he could not do his daily duties if he was not helped by a person.I am the joint account holder of the above account.now my humble questions are in the following 1. How bank transfer the money of such person in such a state without informing me ? 2. Can I make a case against my uncle and aunty and bank both ? 3. How can I establish my argument in the court and can court accept my point ? 4. It is possible for me to recover the money lawfully ?

Advocate Arindam Bhaumik answered
FIRST YOU SEE THAT THIS A/C IS E OR S, E AND S BOTH. IF YOU SEE THAT IT IS E OR S THEN YOU HAVE NO RIGHT TO COMPLAIN AGAINST UNCLE. IF IT E AND S BOTH THEN YOU STEP AGAINST UNCLE AND BANK BOTH.

Q: Procedure in case husband is forcing for a Mutual Divorce

We are married for 8 years but now living separately for last 2 yrs. I was bound to leave my in laws house due to their constant misbehaviour, ignorance and humiliation. My husband knows all these but suddenly he is reacting weiredly and does not want to live together with me as according to him he felt ashamed as I left their house but he is not ready to accept the reason why I left the house. He now wants only a mutual divorce which I m not ready to give We didn't hav any prblem among us xcpt in laws problems. Whenever we quarreled, those were only fr his parents' misbehaviour/comments/ignorance which I was unable to digest.I never disrespected his parents and nevr misbehaved with them but unfortunately I showed my anger to my hsbnd for his parents' misbehaviour. I kept on trying to reconcile the relationship but all my attempts went in vein.I didnt want to file any case against him. Bt now I dnt find any othr way xcpt taking legal action to reconcile the relation.Kindly advise how.

Advocate Arindam Bhaumik answered
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.In the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home.