Advocate Payel Adhikary

Questions Answered by Advocate Payel Adhikary

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.....

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 ownerThirdly owners purchase deed..