Advocate Payel Adhikary

Questions Answered by Advocate Payel Adhikary (25+ answers)

Q: Can I sell my deceased father's property without doing any mutation?

I have a query to address first. My father died intestate in 1998, leaving behind my mother, my sister, and me as his legal heirs to the house under his name. Can I sell the property without mutation on an 'as is where is' basis? Please advise on this. Thank you.

Advocate Payel Adhikary answered
Firstly I need to know the location of the property secondly I have to verify all the documents..for selling any property generally mutation is not mandatory.please contact so that I can properly guide u

Q: What are the rights of my widow mother and wife on my property

Hi. I have few question regarding the right of my asset of my wife and window mother. My father died and I am married having 1 child, My elder daughter married and we are living with my widow mother as a nuclear family.My wife is working professional. Question 2: If I buy a common property like bed , almirah, etc, what percentage of right have to my mother and wife. Is is equal or wife first. Question 2: From the digital asset perspective, am I allowed to provide equal property to mother and wife or what percentage I can give to them or spend to them. Question 3: On absence of myself, what proportionate of my wealth will be they will recieve. in case I don't have any will.

Advocate Payel Adhikary answered
Firstly you please clarify me your religion.whether your are Hindu or muslim...The succession is totally depends on the religion in case you do not execute any gift deed.In case of Hindu proportion will be the same

Q: Will daughters have right in property if mother died before 2005

Mother died instetate on 02.02.2000, i.e. before amendment of Hindu Succession Act 2005 ( I.e. mother was Not alive on 9th Sept.2005), leaving behind a dwelling house and 3 sons & 3 daughters.Whether at present daughters can claim shares of mother's dwelling house?

Advocate Payel Adhikary answered
Firstly please inform me you are uner what school?in Hindu law there are two schoolFirstly Dayabhaga and secondly mitakshara .Without knowing the fact it is not possible for me to answer your question

Q: Incorrect square-feet area mentioned in the seller's current deed

Hi, I am buying an apartment from an existing owner. The current owner bought this apartment in the year 2001. But the sq-ft mentioned in his deed is quite less than the actual size of the apartment. Surely he did it to save some tax/stamp duty. Is it possible to rectify this when I purchase the apartment from him and a new deed on my name is registered? Thanks a lot in advance for your help. Thanks

Advocate Payel Adhikary answered
It is very difficult to say.i can try to rectified the earlier deed firstly.if it is rectified then you can purchase the actual area.other wise you have to purchase the area which is mentioned in the deed..but firstly I have to verify the the deed of the owner

Q: How to claim property of grandfather from uncle

We r hindus.can I claim d proposal of my grad parents after their death from my uncles as my father died earlier hence they r denying all my n mom rights to property.

Advocate Payel Adhikary answered
Yes u can claim the right of your grandfather if your has died.but I need to know whether your grandfather died testate or leaving behind a will.if yes then I have to verify all the documents of ur grandfather.....