Advocate Dr. Saibal Chandra Pal

Questions Answered by Advocate Dr. Saibal Chandra Pal (50+ answers)

Q: Can a property that is on lease be purchased? Specifically, can a leased property be sold? What happ

Hello, I am planning to purchase a villa in Kolkata West International City in Salap, Howrah, West Bengal. I learned that the land is on a leasehold basis, with KMDA granting a 999-year lease to Universal Success Group (the promoter of KWI). I have a few queries regarding this: 1. Can I purchase a leasehold property? 2. How is a leasehold property sold? Will the lease be transferred to my name? 3. Can the property be mutated to my name, and can I be the owner of that property? 4. Can I sell the leasehold property after I purchase it? 5. Is it advisable to buy leasehold property, and what potential problems might arise? Please provide your valuable advice on this matter. Thank you!

Advocate Dr. Saibal Chandra Pal answered
You will be given sub lease rights provided the sub lease deed given by KMDA allows sub lease. If you as sub lessee have the right to sub lease the property further Sub lease above 30 years is equivalent to sale and can me mortgaged. In lease and sub lease, the documents must be examined meticulously. After being a sub lessee you can mutate your name with KMC for payment of taxes.

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.