Advocate Saptarshi Banerjee

Questions Answered by Advocate Saptarshi Banerjee (25+ answers)

Q: Living with parents in society but not allowed to attend meeting ,can son attend agm of housing soc

Dear sir, I leave with my father in a same flat and I handle his business too. The society where we live, conducts AGM every month. Last time when I went to attend the meeting the secretary of our complex told me that you don't have any right to attend this meeting because the flat in which you live is not in your name its registerd under your father's name ,hence he didn't allowed me to enter in the meeting. So do you think that I can't attend that meeting as I am not the owner but my father is?, can family member attend society meeting ?

Advocate Saptarshi Banerjee answered
You ask your father to appoint you his nominee with the right to attend the societies meetings on his behalf along with voting rights on your behalf. After that the cooperative society cannot legally stop you from participating in the meetings of the society.

Q: Need advice on buying property

I am planning to purchase a flat from another person who had purchased the flat from the government. Basically the flat is taken leased from the government. Can I buy this property legally ?

Advocate Saptarshi Banerjee answered
Depends on the lease deed with the govt. You are advised to meet a lawyer with the lease deed and if need be to conduct a searching of the title deed through your lawyer. That should be as much safe as you can be.

Q: How to get compensation for delay in possession

Hi, I bought a resale flat in January and i had payed the 50% amount of the total cost of the flat. But the Seller could not give possession as the Original Deed of sale had to rectified as there was typing error regarding the position of the flat. And which they delayed for 4 months. can i ask for compensation for the delay in possession to the seller?

Advocate Saptarshi Banerjee answered
Consumer forum is your best option. Kindly file a complaint on the state consumer forum website. They will try to mediate at first. In case tge duspute does not end there you may neef to approach the consumer forum with a lawyer or in person

Q: Cheated by my a company as an investor

Hi Team, My uncle started a Pvt Ltd company in 2013 and he was trying to take multiple loans against same property. He got caught and he needed money immediately at that time to clear his previous loan and he ask me to invest in his company. I gave him more than 20 Lacs into company's accounts. Its been more than 3 years, he neither gave me any share nor ready to return my money. I took personal loan for him. Unfortunatly I came to know that my money has been shown in audit as a borrower. Other side he also took my fathers pension money by emotional blackmailing. Also other share holders has been cheated by him. My father has shares in the company but he gets nothing. Please help and suggest me how get my money back. I have planed like below. 1. File a case under MCA ( But confused whether I should file case as a investor, creditor, Deposit holder, etc and under what Corporate fraud, management dispute. 2. File a case FIR of cheating to the local police station.

Advocate Saptarshi Banerjee answered
You have multiple remedies available at your disposal and the best part is some of it can go on parallely. That is to say you can take legal recourse on more than one front at the same time. The first one is a must and is most effective. You must file a fir and let the police do its job. Secondly the criminal proceedings will also help you in your civil actions.The two different forms of civil action available to you are through the NCLT (NATIONAL COMPANY LAW TRIBUNAL).You may either go for insolvency proceedings against his company or you may sue him as a shareholder in a case of mismanagement and oppression. In your case it sounds like both are available to you. But the best atrategy can be ascertained only after one sees the papers. You must meet a lawyer asap with all the relevant documents.

Q: What is the registration fee for adding a partner in partnership deed

how much registration fee required when add a new partner in a partnership deed

Advocate Saptarshi Banerjee answered
You cant add a new partner in a partnership deed unless it has been provided for in the partnership deed itself. You have to draft a new partnership deed then. However if the partnership deed provides for it as such then there is a particular deed that has to be executed in the prescribed format.The charges will depend on the city and the lawyer.