Advocate Biswajit Roy

Questions Answered by Advocate Biswajit Roy

Q: Can i claim share in fathers money which is now with my mother

I am a Hindu. My father died 6 years ago . I was only 12 years old then . My mother got all the bank fixed deposits my father had. Can I now claim a share of that money? The money is intact in my mother's name. My mother is not willing to give me a dime.

Advocate Biswajit Roy answered
It is fact that you have your bonafide legal claims over the movable and immovable properties left by your deceased father.You have legal right to demand your proportionate share of the said deposited money of your father now lying with your mother through legal proceeding if your mother denies to give you the same.

Q: What to do police has not taken step even after filing FIR

7 days ago my fir had lodged and the crime is attempt to murder.But police didn't take any action right now.

Advocate Biswajit Roy answered
you have to wait for about one month since the lodging of your FIR .If the police station did not take legal action then you have to move to the Court to lodge a case U/S 156(3) of Cr.P.C to treat your complaint as FIR and the Ld.court will direct the concerned Police station to take necessary legal action over your complaint

Q: Legal action as girl promises to marry and later refuses for the same

Sir, Is there is any law as my girlfriend had leave me after having relationship for 1 year She has promised to marry me under any circumstances as his parents particulary her mom is not wanting the relationship suddenly she refused to marry me because of intense pressure from his home. As she had a physical relationship with me as per promise of marrying me. I have all the proofs as per requried. Isnt there is any law for breaking my heart and consuming time with me in name of marying me? .. She had also given pics in social media of being together or in a relationship.. As there is no law for defaming me and palying with my emotions and money. As it is not like that she didnt want to mary me but under pressure from his family she is refusing now. And is there is now for breaching this trust.. But women has laws for breaching trust isnt the men has?? If u kindly say me what are the things can be done to give her a punishment for playing with for a year and so and how can i move furtr

Advocate Biswajit Roy answered
there is the only legal provision that can be initiated against her for breach of trust. but don't do that blunder because that girl shall take adverse plea for her defence that you had committed rape against her will promising to marry her and a charge shall be framed against you U/S 376 of PIC so say good bye to that relationship.

Q: Can a section 34 of police act effect my selection in government job

Sir us 34 police act acted on me.i have selected one state govt exam.can I get this job?or it will make an issue?

Advocate Biswajit Roy answered
you have not stated whether the said police Act case has been pending against you or You have pleaded guilty of the said offence and deposited/paid fine amount to discharge from the said case? If you are discharged from the said case by acquittal then it will not create any bar to get green signal police verification to get the said Govt.job.

Q: Can I file a case against unauthorised construction

 A promoter has been constructing a "Multi-Storied" G+4 Building illegally beside my house and I had lodged many written complaints to the Municipality as well as the local police station , subsequently the said Municipality issued a "Stop Work Notice" against the said construction in 2016& the said municipality has found that the said construction is illegal & G+4 floor is also illegal which is without sanction . I have obtained this Stop Work Notice copy from the municipality but the said promoter is still continuing the construction but the said municipality is now telling me they can not stop this work thereafter , I have filed three additional written complaints to the District Magistrate , Sub-Divisional Officer as well as the Commissioner Of Police in this regard but till date , no action had been taken . I am the very closest resident to this building . Being a common person can I file any case or suit against the said promoter?

Advocate Biswajit Roy answered
you can file a civil suit for Declaration and permanent injunction against the said Promotor as well as against the original land owner to stop the said illegal construction work.The documents you have collected from the Municipality will help to get injunction order to stop the said illegal construction work.