Advocate Kushal Lahiri

Questions Answered by Advocate Kushal Lahiri (25+ answers)

Q: I need Advice for my uncle's property

My uncle has a property. He died in 2011 and has no will, my aunt is alive and they have no child. My uncle has one brother & one sister alive,(I am his brother's son) now my aunt wants to sell half of the property to us, but my uncle's sister is objecting. Can my aunt sell half of the property to us??? Please suggest

Advocate Kushal Lahiri answered
your aunt may sell her share of the property as the property is undivided by any partition deed or by any order from the court of law. Your uncle's sister's objection is not a valid objection in the eye of law. My suggestion would be your aunt may sell her share which she become owner after demise of his husband i.e. your uncle.

Q: Can my brother ask half of my house that I build in my parents land

I build a house on my parents land and living with my family and my brother's family for past 20 years now that our parents died can he ask for the half of my house?

Advocate Kushal Lahiri answered
If your father did not transfer the property to any of the sons then your brother can claim share of land or house. You can come to an settlement with your brother. But I will not suggest you to go for a settlement immediately.

Q: uncle claiming half property .

My friend's uncle who left home more than 20 years ago to marry someone from another religion. And they were given his shares of money so they won't contact again. Now on their land my friend has built a house with his and his father's own money without any financialhelp from that uncle. Now when the house is complete the uncle has come back and is demanding share of the property and his step son is threatening my friend and his family. The grandma is still alive and the property is in her name.

Advocate Kushal Lahiri answered
In your case my suggestion will be..1st of all if the owner is your friend's grand mother and she is alive and property is in her name then your friend's uncle can claim share of the land as well as the house. In this situation if the grand mother will transfer the ownership to your friend or your friend's father then your friend and your friend's father, as the case may be, will be the owner of the land as well as the house and your friend's uncle can't claim the share.

Q: Illegal civil case filed against me and my mother by my younger brother

I am running stationery shop from 15 yrs before taking NOC from my father. my younger brother forcefully wants to enter in my shop. Every documents is in my name and i have constructed my own house in the same building in 2nd floor after taking NOC from my father. i have all material purchasing money receipts.

Advocate Kushal Lahiri answered
In your case I have few questions1. whether you are the owner of that shop room? if yes, then in which way you are the owner of that shop room?2. who is the owner of the house on the 2nd floor? if your answer is yes, then how you become the owner of the house.3. whether your younger brother forcefully entered your shop room and breaking things or taking your shop room property? if it's yes, then you have to take injunction for not ingress or egress of third party in your shop room

Q: Should I do mutation for a joint property or later when single owner?

Dear Sir/Madam,I have a joint property (flat) with my mother. It is under home loan now and 5 years left in home loan. When home loan completes I want ownership from joint to single (myself) by gift deed.So, should I do mutation of property now or later on after ownership transfer ? If I do mutation now, will I have to do mutation again when ownership is changed from joint to single ?Property falls under Dumdum Municipality.Thank you,Sukanta Chakraborty

Advocate Kushal Lahiri answered
First of all I have few questions:1. whether you and your mother inherited the joint property from your father? if yes, then my suggestion will be that you can mutate your name into you and your mother's name.But if you have a plan to be the owner of the property by way of gift deed after completion of the home loan, in that case my suggestion will be that there is no need to mutate your name right now. First you complete the home loan then be the owner of the property by way of gift deed then on the basis of that gift deed you mutate your name into yours. otherwise you have to bear the expenses of mutation two times