Advocate Dr. Saibal Chandra Pal

Questions Answered by Advocate Dr. Saibal Chandra Pal

Q: Clarification in case of notice period doesn't want to be served

I worked in TCS for five months and now have given my resignation. According to service agreement, there's a bind of one year and notice period of three months. After serving one month notice period, I want to quit. I'm even ready to pay the shortfall and the vond money, but company is not allowing me an early release, even though my current project is ready to release me. What to do and how to proceed?

Advocate Dr. Saibal Chandra Pal answered
You forward a cheque for two months salary being the shortfall of notice period. On receipt of the cheque they cannot stop your release even if they do not encash the cheque. Send the cheque by speed post to your appointing authority.

Q: What to do if spouse is mentally torturing me

I married a girl this year on 01.02.2018. It is my second marriage. It is her second marriage too. Her husband died due to suicide but she and her family told me that he died of stroke. Later I came to know that she tortured her 1st husband so much that he took poison in frustration. After marriage her behaviour with me and my family is very rude. She is a UDC of PWD roads. She got the job in die and heiress ground. Now she is staying at her home from 17.06.2018 and giving me threatenings and forcing me to leave my family. She is demanding money from me otherwise she will file case against me nd my family. What should I do? I am in mental pressure and my family too. She is also giving threats to give poison and kill me.

Advocate Dr. Saibal Chandra Pal answered
Record a General Diary with Police Station stating all starting with desertion. You may contact Legal Aid Services West Bengal. Contact Ms Malabika Das for appointment at 9903089554/9903180372/03324648381.

Q: Legality of giving maintenance charges if not living over there

i am having a flat in kolkata but due to job i do not stay there after taking occupation letter , now the residents have their own society to maintain area/ colony, many flats are vacant there, how much maintenance they should charge from non residents and what type expenses they should include that , as they charge very heavy

Advocate Dr. Saibal Chandra Pal answered
Holding Association is responsible to charge maintenance fee for maintenance of the housing project. Each flat owner has to pay maintenance whether full or vacant. Charge is dependent on measurement. Bigger flats pay more maintenance charge.

Q: What is the procedure of transfering ancestral property to mother

My father had got his father's property.but my father has died without making any will.so now we wanted to transfer all the property in our mothers name.how can we do this? We are Hindu. One more thing that our is now headed over to a promoter for making it flat. How to do it?

Advocate Dr. Saibal Chandra Pal answered
After death of husband , property is shared equally by the wife and surviving children. To enable your mother get all the property, children must give no objection of transfer in the name of mother in Rs 50 NJSP and submit application for mutation along with the no objection. Upon hearing the property will be transferred in the name of your mother.

Q: Husband wants divorce and not providing maintenance for survival

My father wants a divorce from my mother but she doesn't want to divorce him. He is a rail employee n he is not giving maintenance for survival to my mother, she is a paralysis patient. How would she take care of herself? Please help us, what should we do?

Advocate Dr. Saibal Chandra Pal answered
File an application under Domestic Violation. File an application for maintenance. You can get in touch with Ms Malabika Das of Legal Aid Services, West Bengal for help . No. 9903089554/ 9903180372/ 033-24648381