Advocate Ritam Banerjee

Questions Answered by Advocate Ritam Banerjee (50+ answers)

Q: ownership change and addition of car parking in sale agreement

I need to update the ownership name change and addition of car parking in my sale agreement with Developer ( having power of attorney) . I have already given 2 % SD and registration earlier. Do I need to pay excess 2% only for the addition of Car parking. Will it be possible via Rectification deed/ Supplementary Deed. Please let me know.

Advocate Ritam Banerjee answered
Addition of car parking cannot be made through rectification deed. you have entered into an agreement for sale of flat, for which you have paid the stamp duty upon the valuation. now, if you add car parking then the valuation would definitely increase, so you have to pay additional stamp duty. however, your existing agreement for sale needs to seen before forming appropriate opinion.

Q: Husband want divorce but wife don't want divorce.

I am from Kolkata,my husband is central government employee, he is demanding for divorce, living separately from me, I don't want divorce, his gross salary is near about Rs 66000 and net pay is Rs 34000. How much maintenance I may get ? Can I get lifetime maintenance ?

Advocate Ritam Banerjee answered
maintenance is generally 1/3 of the salary depending upon other crucial factors. this is not a formula but depends upon several other factors. you can obviously get alimony. but first of all you need to decide whether you want divorce or not and what can be the grounds for seeking divorce, from when you live separately and whether you have a child or not..

Q: Clarification on Nomination, Will & Sale of Inherited Flat

My mother owns 50% of a house, while the remaining share is held by two NRI co-owners. There is no physical demarcation or partition of the property.Could you please clarify whether my mother can sell her undivided share to an external buyer without informing or obtaining consent from the other co-owners? Also, does the lack of partition create any legal issues in such a sale?We pay monthly ebill and annual property taxKindly advise.

Advocate Ritam Banerjee answered
Hello, firstly I need to know that how the other NRI co-sharers are related to your mother, I meant to say that are they relatives? in any case your mother can sell her undivided share, there is no doubt about it. but there may be some consequences which may be dealt with later.

Q: Mera bhai mujhko cheeting kar raha hai property issue

Mere pitaji k naam par zameen hai uss zameen ko abhi tak koi diversion nahi hua but mere bhai already front site par makan bana diya aur mujhko dhamki de raha hai tu makan nahi kar payega this is possible main kaise makan bana paunga please issue the details solved me thank you sir

Advocate Ritam Banerjee answered
Jo samajh e aya yo diye hay ki pitaji k zameen er apke bhai makan bana raha hay. pitaji abhi v zinda hay ki nehi vo janna zaruri hay. agar Zinda jay to khud rok rakta hoy, agar nehi hay to aap b rok rakte hay.

Q: Clarification on Nomination, Will & Sale of Inherited Flat

My father is the registered owner of a flat (CC completed). He may nominate either his wife or me (his only son, with no siblings). Is a registered Will still required, or is nomination sufficient?Also, if I inherit the flat and wish to sell it in the future, will I need to transfer the property into my name first, or can I sell it directly based on the succession documents?Kindly advise.

Advocate Ritam Banerjee answered
first of all, there is no such thing like nomination in immovable property. if your wishes to transfer the same in your favour or in four mother's favour he must do the same by executing any instrument. ofcourse he can make a will. will always become effective after the death of the testator. in you inherit the flat, your mother will also inherit the same. so you will not be the absolute owner.