Advocate Samiran Chakraborty

Questions Answered by Advocate Samiran Chakraborty

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.

Q: Can bank file FIR directly without sending summons of case?

Can a bank do FIR directly without sending summons of case?

Advocate Samiran Chakraborty answered
Yes .Bank can file FIR against any person for any criminal offences.on receipt of such FIR police shall start investigation and if satisfactory evidences are available may arrest the persons concern and produce him before the court with in 24 hours of such arrest.chage sheet be filled with in 90 days for trail.

Q: Validity of Noc of individual on 10 rupee stamp paper not registered

Hello, i have given an Noc that i will not leave the organisation without the prior permission of the other partners, but there was no advocate sign or registered by court, on 10 rupees stamp paper. Is that valid I got a better chance, can i move there

Advocate Samiran Chakraborty answered
NOC what do you mean to say? normally in employment matter abond is taken by the employer under some terms and conditions.In your case what are the terms and conditions? Your NOC do not carry any meaningful sense for lawful enforcement .If you leave what action be taken or at what extent your liability is there,these are not mentioned As I feel you may resign by giving a notice of reasonble period.