Advocate Samiran Chakraborty

Questions Answered by Advocate Samiran Chakraborty (25+ answers)

Q: What happens if the police issue a notice under section 144(2) of the CrPC? Can you provide details

My cousin has lived in his father's house for about 40 years. The property is on a 99-year lease in his father's name, and his two brothers have not stayed in that house during this time. Their father passed away approximately 33 years ago. Due to the poor condition of the house, my cousin needed to undertake emergency reconstruction. He has also paid all municipal taxes since his father's death. His two brothers own houses in their own names elsewhere. Over the past 40 years, no one has addressed the condition of the house. Now, while my cousin is reconstructing it, the police suddenly issued him a notice under section 144(2) of the CrPC and ordered him to stop the work. In this situation, what should my cousin do? Additionally, can you explain 144(2) CrPC rules and how it is understood in Bengali?

Advocate Samiran Chakraborty answered
Police have file a case before executve magistrate in regard to the notice served to.You should appear in that court preferably by lawyer and file your objection for vacating the order.You may also file declatory suit before the civil court for title of adverse possession.consult with a competant lawyer deals with civil matters.

Q: Can one owner lease out property that is jointly owned in india

To establish my claim over the house, which I jointly own with my brother and uncle after my father's death, my brother rented out a part of the house without my knowledge or permission. How can I assert my rights? Can one owner lease out property that is jointly owned in India?

Advocate Samiran Chakraborty answered
you are a co-owner of the property.As such with out your consent other owner can enter into any agreement for rental and/or any kinds of transfer in respect of such property. You may file a eviction suit to evict the person as unlawful occupant. your brother may also be a proforma defendent. you should immidiately serve a notice on the person concern in consultation with a local civil lawyer..your claim be established by 1) the document your father owned the property2) death certificate 30 legal heirship proof and possession.

Q: What are the documents which bank issue after granting loan

I took a home loan from pnb bank last year for an under construction property. I completed the registration formalities and submitted the original copy of the title deed and a copy along with it this month. The bank didn't provide me with any receipt for the same, when I refused to submit the original title deed without the receipt they threatened to file a case against me. They said I will get a receipt by post once the documents are submitted to the head office. I being a lay man had to believe and submitted the original title deed but now I fear what will happen if the bank lose the title deed then I won't be able to claim. Bank have also not gave me the loan agreement copy and said that PSU banks unlike private banks only share the sanction letter. Is the bank right in both the above case?

Advocate Samiran Chakraborty answered
Normally bank issue a sanction letter in which details are available name ly terms and conditions of the loan, details of securities etc. Most of the banks do not provide any receipt.But in a Case,honble Supreme court directed the banks to provide photocopies of all the security document executed by the borrower.

Q: How to make gift deed for a property occupied by tenants

I have a property which parcha is name of my mother & me. but the deed is so old in the name of my grand mother. some part of this property has sold to a person by my father through weel which was said by the person. my father is no more. some of this land has been reserved by tenants so long time. now they all want to demand this land for his own property.what to do?

Advocate Samiran Chakraborty answered
Problem as mentioned in your quiery is complecated. You require to consult experienced civil practitioner with all relevant papers, documents.It is not clear wheather your tenants are paying monthly rent.You will have to file eviction suit against them.If deeds are not available you may obtain certified copies from concern Registry office. Is there legal heirs other than you ?to get a opinion you should furnish all information in details. Better consult a civil lawyer of your locality.

Q: What is the process of mutating plot in seller name

My father has purchased a plot from a seller where some other people also have purchased the plots from the same seller. my father wants to Mutate the plot in his name but the seller has told all the buyers to Mutate the plots at once and applied for mutation in office (according to seller) on behalf of buyers 6 months ago. But still the mutation has not completed and when we asked for same then seller is asking for the more time. So in this situation what step we need to take for this to be resolved for your information the title deed has been completed in the name of my father. 

Advocate Samiran Chakraborty answered
Mutation with whom? .Municilpal corporation or BLR. However in all cases it is the purchaser who should have to do necessary application with relevant papers ,copy of regitered title deed to the respective authority and should attend on the date of hearing.If no dispute is there regarding title of the seller there should not take so long time.Some professional person's are there in all such offices whom you may contact.