Advocate Bikram Sarkar

Questions Answered by Advocate Bikram Sarkar

Q: How to get the marriage certificate canceled

My sister ,from Hindu community married to a boy 3 month ago as registered marriage.there was no social marriage can take place...none of the family member was present at the time of registration nd 2 frnd of the boy signed..after this my sister stayed with us.. What is the process to seek the certificate cancellation? How much time will take to finish the process? Can the boy claim maintenance from my sister? As the boy working at the private sector as senior fitter nd my sister is a state government employee. If it is better to continue the process with the help of police station? Pls sir and me as soon as possible

Advocate Bikram Sarkar answered
If the marriage has been registered lawfully in presence of required witnesses, it cannot be cancelled. You have to apply for divorce before the concerned court after expiry of the statutory waiting period.

Q: Can I directly go to the High Court for anticipatory bail

Sir/Madam , A person has lodged an F.I.R u/s-379/325/506/406/354(B)/386/120B & 34 IPC against my mother & against me & the said F.I.R has been started by the order of the ACJM & later , the local police station has given us notice U/S-41A Cr.Pc . So my question is that in this situation can we approach the High Court for praying anticipatory bail without going to the Sessions court ? Is it possible according to law ? because the said case is totally false & concocted .

Advocate Bikram Sarkar answered
Yes you can always go to the high court directly but before that you need to reply to the notice issued under sec. 41. However it is always advisable to first approach the district court depending on the existing situation.

Q: Is court intervention required to change rent depositor's name

My father was depositing rent through the rent control for 15 yrs. He died on 25/12/2012. Because of my mother's hospitalization we kept on depositing the rent in my father's name. Now we want to deposit rent in my mother's name. What is the process? Do we have to go for hearing ?

Advocate Bikram Sarkar answered
Tenancy devolves automatically. So you can deposit rent in your mother's name. However, it is to be noted that since your father was the original tenant and as because five years have already been elapsed from his demise, you or your mother can no longer be treated as tenant unless there is any fresh agreement.

Q: Clarification regarding flat exchange by same builder

On 2015 i was booked a underconstruction flat with 18 month delivered agreement.but now no flat complete.i want to cancel the flat and again purchese new complete flat from same builder in other local location. So how to complete the work procedure for that case.how can i solved it .plese help

Advocate Bikram Sarkar answered
You cannot travel beyond the terms of the agreement. You can cancel the agreement if there is any violation of agreement by the developer and can seek refund of the money together with compensation or alternatively you can seek for performance of contract to compel the developer to complete the construction work and deliithe possession to you. You cannot seek for exchange of flat except through mutual settlement.