Advocate Saugata Nath Mitra

Questions Answered by Advocate Saugata Nath Mitra

Q: Delivery made payment struck - Debtor has filed in BIFR

I am manufacturer. I supplied material to a co. of value nearly 4L in June 2014. The company has now filed BIFR under SIC Act in December 2015. What should i do? What are my chances to recover my money and how much ? What is the reason for co. to negotiate with me and pay me for the goods supplied ?

Advocate Saugata Nath Mitra answered
You may move an application before the BIFR seeking permission for you to institute a suit for recovery of Rs. 4 lakhs before the Civil Court. You chances of getting back the money may depend. I need to know the contractual details of supply material.

Q: Is acknowledgement not enough for legal opinion?

Madam, I have applied for education loan from Central Bank of India and have also provided security worth 30 lakh. I have submitted all the documents bank has asked me to and they have asked me to consult their panel advocate to get legal opinion. I have given him all the required documents but he said property tax papers are not mutated for which I have provided him acknowledgement given by GHMC - Hyderabad and also D.D xerox as proof that the process is underway but Lawyer said its not enough and CCPC will reject my legal opinion. Is acknowledgement not enough for legal opinion? please help

Advocate Saugata Nath Mitra answered
You question is a bit vague. What I can gather is that there is some property which is under the process of being mutated - is this correct? Further, is your case that the security of Rs. 30 lakh given by you is a property / properties - Is this correct ?

Q: Society blocking services for delayed maintenance payments what to do?

My society has stopped providing us basic amenities like water, generator and intercom facility , even though we are paying monthly maintenance. They stopped these because we have delayed to pay some instalments for the repair work they have started in society. What action can i take?

Advocate Saugata Nath Mitra answered
You may immediately institute a suit for injunction and an application for interim relief directing the society to restore the basic amenities. These basic amenities should not be related to the repair work.

Q: How can we challenge the Will?

father left a Will where property is in the name of elder son and when he prepared the Will he was not well, how can we challenge the Will

Advocate Saugata Nath Mitra answered
Has your brother file a probate petition? Does your father has any other Will, more particularly, a Will before he became unwell?If a probate petition has been filed you may file objection to such petition.If no probate petition has been filed, you may file a suit for partition for getting the property divided (I am assuming here that your father has only one will that has been made when he was not well.)

Q: Can I revoke the Will prepared my me ?

Last year on pressure of my only son. I made Will of my house. But due to his behavior is arrogant n I want to make the will to null n void. As I m Widow. Please advise is it possible.

Advocate Saugata Nath Mitra answered
Make another Will, in which you will specifically revoke the present Will and state the cause of such revocation and then, if you desire, you can bequeath the property to any other person/s. At any event a Will made under pressure is void. However, after your death that may be tough to prove and there will be litigation.