Advocate Goutam Majumder

Questions Answered by Advocate Goutam Majumder

Q: Can partition suit be challenged after decree?

My father was the plaintiff in partition suit against my two uncle. In that case the schedule of property was 20 khattas in the described plaint. But the 4 kattas was sold jointly by my father and one uncle before 17 years from earlier of partition suit.so the physically total property is 16 kattas. But that was not mentioned in that case. Similarly the defendant did not arise this issue as he had the knowledge of sale. during the pendency of the suit both of my father and uncle passed away. after that me and my cousin are substitute plaintiffs and defendant respectively. I also mistakely not mentioned the sale details in that case.. repeatedly the next deffendent does not arise the issu..after all of this I got expartee preliminary decree over 20 katthas and got appointment of advocate commissioner. the advocate commissioner has confirmed his report before court on 16 kathhas.1)now the deffendent can arise this issues in partition suit? 2)the commissioner report may be canceled 3) thecase maybe dismissed?

Advocate Goutam Majumder answered
Please examine at any stage whether suppression of fact did occur in course of legal proceedings.No excuse is sufficient for keeping the court of law in dark about any material fact.On being satisfied of the above position by yourself​ , proceed further in the matter.

Q: What is the procedure if the allotment letter provided by the builder is lost? What if the allotment

I have lost the allotment letter provided by the builder for two flats I booked in 2011, but I haven't received possession yet. The builder is aware of the lost letter and I filed an FIR regarding it. Now, he is not communicating properly. I want to cancel the deal and get my money back since it's been almost six years and I've already paid 40% of the flat cost. The payment was made via cheque, so I have the transaction details. What should I do to ensure I can get my money back? Please guide me through an easy procedure to resolve this quickly. What if the allotment letter is lost, and how to handle a BDA allotment letter lost?

Advocate Goutam Majumder answered
I need to peruse all the related documents available with you.What about purchase agreement? The same must be with you.If breach of specific performance do occur on the part of the promoter, you can get relief from the competent court of law.Contact lawRato for further instructions.

Q: Is power of attorney valid after death of the principal ?

Hello ! I (Hindu) want to know that 1) will a registered general​/specific POA still be valid after the death of the principal, where agents are legal heirs of the principal. Or it gets terminated ? Principal : my father Agents : me, my 4 siblings and my mother 2) In the process of Registering a POA, does the court verify the principal's ownership over the property, against which the POA is made ?, what is the validity of power of attorney after death of one of the principal ?

Advocate Goutam Majumder answered
The power of attorney is a legal instrument created/to be created strictly in accordance with the provisions laid down under the power of Attorney Act 1882 as amended as on date.A Power of Attorney is automatically terminated if one of the parties to the instrument dies or becomes insane, the principal becomes insolvent or bankrupt,any condition in the instrument is breached, the business for which the instrument created comes to an end.Therefore, after the death of the principal, the POA is automatically terminated/revoked.For your second query, the answer is "yes".He is to substantiate his legal right to the property in question.Should further clarification is required contact me through lawRato only.

Q: Query about succession certificate cost in west bengal

HI I M FROM WEST BENGAL ,I WOULD LIKE TO KNOW FOR GETTING SUCCESSION CERTIFICATE TO CLAIM MY EXPIRED FATHERS GRATUITY AMOUNT OF RS 70000/-, HOW MUCH SUCCESSION CERTIFICATE COST AND HOW MUCH STAMP DUTY I HAVE TO PAY.

Advocate Goutam Majumder answered
It is 4% of the property value from Rs50001 to Rs 2,00000.Please check whether nomination in accordance with the Payment of Gratuity Act is available in your house.As per the statutory provisions,a copy of the nomination document should be in your deceased father's custody.If the same is not available , immediately contact the employer and ask for the same in writing giving a time line.If the same is also not available with the employer, intimate the position to the concerned Assistant /Deputy Labour Commissioner (being the controling authority under The Payment of Gratuity Act) and act per his advice.If succession certificate is at all required for receiving payment of Gratuity ,obtain the same after including other properties and not in piece meal manner.For further clarification, contact me through lawRato.

Q: What to do if there is a double registry on same property

If the Registrar of Land registers a piece of land that has already been sold to another party, resulting in the seller selling the land twice, several issues arise. (a) How can the Registrar register the said land again after it has already been sold, and collect a registry fee of approximately 9%? Isn't it the Registrar's liability to ensure the land is not re-registered once sold? Who is responsible for this oversight? (b) In the case of double registration of land, who retains possession of the land? (c) What are the compensation provisions for the party that loses possession due to double registration of land?

Advocate Goutam Majumder answered
This is an act of fraudulence on the part of the seller if your statement is to be considered .At the same time , the purchaser (2nd) had failed and neglected to observe basic legal requirements - notification in the news paper, searching of the property status from local authority , verification of ROR and Mutation document from BLRO office etc.It is not the incumbent upon Registration authority to conduct "due diligence" on documents submitted by the parties.Besides needful​ action in the criminal court of law based on your complaint,you've the legal right to sue the stated offender in the appropriate court of law to recover your money (paid by you and money equivalent to damages caused to you) from the stated offender.This type of fraudulent action is very common incident and Legal remedy will be available to you.Should you feel my professional assistance is required contact lawRato.