Advocate Mita Banerjee

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Questions Answered by Advocate Mita Banerjee

Q: I like to know you if husband not given devorce but I want devorce

I want devorce but my husband not given what should I do

Advocate Mita Banerjee answered
Madam I read your message and giving you this suggestion superficially as because I am not going through with all your relevant information about this matter But then also I suggest you to file contested divorce For further legal assistance please feel free to contact

Q: DECEASED FATHERS IMMOVABLE PROPERTY AMONG SONS & DAUGHTERS

Who will be the owner of father's immovable property among living brother/sister & deceased brothers My father expired in 1980 , we have 4 brothers & 3 sisters, out of which 2 brothers expired having no family& 1 brother has widow, 2 sisters expired out of which 1 has family & 1 has no family. Presently I am living brother and one sister is living (married) . Now my question is who will inherit my father's immovable property ? Again I detailing :- 1) 1st elder brother expired left behind widow 2) 2nd & 3rd elder brother was bachelor & expired 3) I am living brother 4) 1st elder sister expired & having family 5) 2nd elder sister expired having no family 6) 3rd sister is living & married. please clarify who will inherit my father's immovable property?

Advocate Mita Banerjee answered
Sir I read your message about giving you suggestions superficially as because I am not going through with all the relevant information and yet I must tell you according to Hindu Succession Act every living family member of the legal heirs are entitled for equal proportioned shares of the property but there is some exceptions For further legal assistance please feel free to contact

Q: Wife's claim in joint account on divorce

1. My wife and I born and married (1988) and 1 daughter (1996, working, not married) born in Kolkata. Hindu 2. All migrated to Australia (1996). All Australian Passports, and PAN no, Aadhaar. My daughter is not married 3. Wife, daughter working in Australia 4. I worked overseas since 2007, retired (2018 at 60yrs). Now in Australia. 5. Send from my salary to 4 NRE banks (SBI, UBI, HDFC, Axis) in India for Fixed deposits 6.100% monies in all banks from my salary. Wife’s contribution 0% 7. SBI, UBI Bank FD (joint name w/ wife, either of survivor) 8. Axix Bank FD (joint name w/ daughter, either of survivor) 9. HDFC Bank FD (my single name) 10. Wife applied divorce in Australia for property settlement for all our assets in India and Australia. Query: 1. Whether to file divorce suit in India for only Indian or both (Indian and Aus) asset for property settlement? 2. In Indian law for settlement, how much wife will get from SBI and UBI deposits (i contributed 100%) but joint account

Advocate Mita Banerjee answered
Sir I read your message and giving you this suggestion superficially as because I am not going through with all the relevant fact documents and other needful objects Firstly you haven’t clear in which country you and your wife tie in marriage Secondly present nationality of both of you Thirdly income tax return of both of you And many other facts For further legal assistance please contact us

Q: Property dispute related to access

Two person hold a joint property (50% each) at the end of a lane. The deeds from both the person mention a private access of 5 ft from one corner of the property to another corner. Person A has constructed a house (building older than 30 years) on the other end of the property and has included the access on his part inside the house (as mentioned in the building plan) and has added a extension to the house and is encroaching on the land of party B and is demanding that person B follow the deed and give up a part of his plot to provide a common access to both the parties. Questions: 1) Does party B has to give access to party A, when party A has got access to that plot from his own plot. 2) Will party B need to follow the deed when he has got a approved building plan which shows a access of 3 ft. 3) Can Party A stop the work of party B by any means when Party A tries to construct any thing on the encroached part.

Advocate Mita Banerjee answered
Sir/ Madam I read your message and giving you this suggestion superficially as because I am not going through with all your documents so my advice for you that firstly you have not written the nature and character of the vacant space whether this is public road or a private property if this is a private property then you have all the right to restrain him to enter into your property but if it is not private property but a public road in dead end then you have to file writ For further legal assistance please contact us

Q: Construction Of Building Work On Caveat

Construction of building work can be done,if cavet is field in judge court as the lawyer court peased to pass an order to vacate the injection.

Advocate Mita Banerjee answered
Sir I read your message and giving you this suggestion to consult with Advocate who is deal with this kind of matter and also inspect all the relevant documents in civil matter documentation is very important In your writing one of the place you write caveat and in another you refer injunctions For further legal assistance please contact Regards Mita Banerjee advocate High Court Calcutta