Advocate Payel Adhikary

Questions Answered by Advocate Payel Adhikary

Q: Sale of deceased father's property without doing any mutation

I have a query first that I need to address. My father had died intestate on 1998 leaving behind my mother, me as his son and my sister as his daughter. We three are the legal heirs to our house under his name. So my question is, can we sell the property on 'as is where is' basis without doing any mutation to our name? 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: How to divide property between brothers after father's death

Religion- Hindu Is is possible to create any kind of pressure for property division between younger and elder brother by law while Father had died 30 years ago and the elder brother wants to keep these things in pending state only?

Advocate Payel Adhikary answered
Yes..you can file a partition suit against your brother. Before that I need to know whether your father died testate or intestate? How many brothers and sisters you have? Is this a dwelling house? Your mother is alive? To give you you proper remedy I need to know this answers

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: Legal requirements while buying an under-construction resale property

I am planning to buy an under-construction resale property from a seller. It is a township project in Kolkata Rajarhat area. The project is under-construction and will probably be ready for possession by end of this year. The present owner (allotee) of the the flat is willing to sell the property before possession. The documents shared with me are: 1. Initial agreement on Rs. 10 stamp paper 2. Formal agreement (yet to be shared) 3. Copy of Demand letter issued by Builder to the owner The owner is currently in Nepal and will come to Kolkata at the time of agreement. There is no existing loan on this property as it was self-financed. However, I will need to apply for loan. I need legal advice on how to go about it, from start to end, what are the documents required for searching, what are the steps involved, precautions, to avoid any issues later on. Please advise.

Advocate Payel Adhikary answered
Firstly you have to do proper searches in the concerned reg office court etc. Secondly you have to collect all the title documents related to this property from the owner Thirdly owners purchase deed ..

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.....