Advocate Kanina Chatterjee

Questions Answered by Advocate Kanina Chatterjee

Q: No action is taken by the municipality and police

I have an ancestral property in which it has 4 shares, 3 parts belong to my uncles and 1 part belongs to me. I have got the backside of the property and was said that I would be given a passage but now my uncles are making a multi storey building without partition and has blocked my passage to my property. Inspite of complaining several times to the municipality and police station no action has been taken against them.

Advocate Kanina Chatterjee answered
you are going to the wrong forum.contact a civil lawyer in your area and file suit for partition , declaration and injunction. You might get some relief though you should have done this before the construction started .You can also file a suit for easementary rights if you have difficulty in going in and out of the property allocated to you.

Q: Can girl's side ammend the submitted mutual divorce petition at a later time with demand for alimony

Can girl's side ammend the submitted mutual divorce petition at a later time with demand for alimony or maintenance?

Advocate Kanina Chatterjee answered
In case of mutual divorce there is usually an agreement which settles any dispute regarding alimony / child custody etc. When the mutual divorce petition is filed and the court may not entertain the petition if these matters are not settled mutually. As such the question of demanding alimony does not arise as in case of a contested divorce applicationso there is no sense in making any demand by amendments since in that case the divorce is no more mutual.i.e. through mutual understanding.

Q: Purchase Of Land/Plot (Part) Owned By Multiple Holder

I want to purchase a land/plot (4 Katha / 2880 sqft). The plot has LR Daag No-277 of Mouza XYZ, WB and is of size 4.5 acres having multiple holders (21 persons) as per porcha record. Since, I want to purchase a part of the plot, how will be the registry deed?

Advocate Kanina Chatterjee answered
ask the sellers to give power of attorney to any person if there is difficulty in getting them together for registration. Otherwise normally they all have to sign on the deed and be present before the registrar during registration since if they have not partitioned the property they are all co owners of the whole land.

Q: Issue in Legal Heir Certificate

Hi,nMy father died. We three (2 sons and our mother) are legal heir of our father and all three are alive. Any of three legal heirs did not apply and collect the legal heir certificate of our father. However, our aunt has applied and collected the legal heir certificate for my father without informing us and not giving that to us. Is it legal? Can we file a case against it? Please advise.

Advocate Kanina Chatterjee answered
legal heir certificate is actually a declaration in the form of affidavitwhich can be done by any of the legal heirs on behalf of himself and all other legal heirs. If the declaration of legal heir is used for any transfer of property or other purpose and is found to be false then he or she is guilty of criminal offence and the deprived person or the victim can take legal action against him or her.

Q: will made overseas validity in india

Is Will by Indian citizen gifting Indian property to OCI child valid if drafted and signed in USA? How to make it legal if cannot travel back to India? hindu

Advocate Kanina Chatterjee answered
The will could be valid if it satisfies the requirements as per Indian law but to validate it you have to file a probate case at the district court having jurisdiction over the place where the property stands.