Advocate Ritesh Isaac

Questions Answered by Advocate Ritesh Isaac

Q: After father death who is the owner of property in india

My father expired 4 years ago. He owned a house with 20 cents of land. Since then, my mother has been living alone in this house. I have one elder brother and one younger sister. My mother has no income for her livelihood and treatment. My brother wants the whole property in his name but is not ready to take care of our mother. My mother wants to divide the property equally among all of us while staying in the house for her lifetime. After father death, who is the owner of property? Who has the right to partition it?

Advocate Ritesh Isaac answered
All siblings and the mother have equal rights in the property. You can consult an architect to divide the property equally and then register it as a partition deed before the registrar with two witnesses.

For legal support, kindly contact a property lawyer to ensure a smooth and fair resolution.

Q: Divorce procedure.How many ways its create problems for us?

My younger sister had married a year back(7th May 2015-arrange marriage).My sister's husband or his mother is demanding of her/us Cash or gift very often.Very often he scolds and thorough way, what he found near to his hand and blame that he left or separated his family only for her,but was not actual.Recently my sister had a baby girl.No one or any one come to see her from her husband and his side.We are from kolkata and my sister's husband from vizag.We had given some amount of dowry in cash and kind,But still they are demanding and insulting us if are not able give. What should we do now?

Advocate Ritesh Isaac answered
Your sister is facing serious problem,firstly you have to decide whether you want to divorce her husband ,thereafter there are many legal ways to punish the husband.you have not mentioned where is your sister staying ,if she is staying with the husband then before she files any complaint she has to leave her.BY staying over with husband you cannot do anything legal against the parents of the husband or against the husband.Now your sister has a baby,you have to decide which way you have to go.Get a consultation with a lawyer to proceed either way.

Q: Builder altered initial plan. Bank sanctioned loan but didn't clear it

We have purchased a flat in 2014 in Kolkata , by home loan. as the builder did some alter in building plan . the financial institution asked for revised and final plan . My problem :

1. Though the financial institution sanctioned the loan amount , but did not disburse the whole amount of loan , as documents was not correct but they deducting the emi on whole amount of loan.what to do.

2. Another problem is the space mentioned in agreement as 910 sq ft super built inclusive 20% of super built area , but when we measure the actual space it is around 501 as carpet area ,plan shows 530 area.

Advocate Ritesh Isaac answered
Regarding your first problem ,you can alter the loan as per the documents furnished by the builder.The amount of the loan can be altered .Secondly if the builder has not given as per agreed conditions you file the consumer complaint in the district forum stating the discrepancies of the space to the forum,The builder can then provide what he has promised.There are other points which needs to be discussed ,for which we need to know other facts.

Q: Need divorse or annulment from my newly marriage

I recently got married 3 months back. After few days my wife went to her mothers place. After 1 month she came back and since then she is not talking to me because I did not gave her few gifts after marriage. since then she is fighting with me. I said something and she said something bad to each other in anger. The argument went on and on. Then again she went back to her mothers place. Also, we did not had a physical relationship after marriage at all. I want to know if I divorce her do I have to give my half income or my property? What rights do I have to protect my income/property from her?

Advocate Ritesh Isaac answered
Your marriage is just 3 months old,as per law whatever action you have to take you have to wait for one year regarding divorce .For the property,the property belonging to you out of your own income she has a right after your death,regarding income she can claim the maintenance amount from your income .You can settle the dispute involving elders of both the family,the marriage is not old hence it is advised not to take legal action.

Q: What documents to verify while buying a new property?

1. What are the key legal points/ documents a buyer should be careful about while purchasing a new flat from a provate builder in gurgaon? 2. What are some common loopholes that buyer should look for in a such a purchase?

Advocate Ritesh Isaac answered
Your query for documents while purchasing a flat depends on the land where the builder has purchased .Few are the sale deed of the builder where the flat scheme would be built,the property card/mutation of the name of the builder of the land purchased.For a brief inquiry could be made for the land by making search report of the land by any advocate which will certify you that the land is free from any legal impediment and the same may be purchased.