Advocate Sayantan Banerjee

Questions Answered by Advocate Sayantan Banerjee (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 Sayantan Banerjee answered
May be the other brothers have filed a case under section 144 in that case the court passed a order direction upon the police personnel so they have raised objection.The order under 144 id valid for 2months. U can wait till dat tym, or you can search the record and file objection in court

Q: can son claim father's property when father is alive in india

My father refuses to give me a share in the property, even though I have invested significantly in building the house. My elderly parents are being influenced by my late younger brother’s wife, and now my father is threatening to transfer or sell the entire house to her.

As the eldest son, can I legally stop my father from selling the property? Do I have any legal right to claim a share? Additionally, can my 20-year-old son claim a share in this house? Can a son claim his share in the self-acquired property of his father?

Advocate Sayantan Banerjee answered
Yes, you may have a claim to your father's property, but only if you can provide proof of your financial investment in building the house.

• If you have evidence of your contribution, you can file a suit to claim your share.
• However, if the property is solely in your father’s name, he has the legal right to sell, transfer, or dispose of it as per his own will.

Q: What documents are required to sell self acquired property of father?

Both my parents expired. My brother and I are the only legal heir and now want to sell the property. What papers are required to sell the property?

Advocate Sayantan Banerjee answered
The document or documents by which your parents became the owner of the property is the main doxuments for consideration at the time of selling the property. It is called the mother deed or document of the property

Q: FIR against construction work by landlord blocking ventilation window

my landlord is carring a illegal construction work in the next building which has damaged my bedroom walls as there are cracks he has also covered up my ventelation window with permanant construction as there is lack of air and sunlight and i cannot use the bedroom roomi went in the police station and informed them the entire issues and requested them to file a fir but they said fir cannot be lodged and only general diary was taken from my end . however my landlord has stopped the construction after the general diary was made kindly help me if there is any ground according to the indian penal code to file a fir in this situation.

Advocate Sayantan Banerjee answered
You can file a case under section 144cr.pc and seek for a direction upon the police to see weather there is an illegal work going on. U can also file a civil suit and pray for an order of injunction restraining them from doing the illegal activities.

Q: Father gave property on rent tenant died successor not ready to vacate

Hi, my father had given a property for rent to a person for running a commercial shop about 30 years ago. Both my father and the tenant had passed away. Now I want that property for personal purpose, however the successors of the deceased tenant don't want to move out. In fact they are claiming its their property now as they have been using it for such long term(they said this is as per Indian law!). I would like to know if it is true? How would I regain my property? They haven't paid rent for last 5/6 years

Advocate Sayantan Banerjee answered
As per law after the death of original tenant his wife can stay for her life,amr children for 5yrs. If that period is over u can send an eviction notice and can file a eviction case on the ground of defaulter and other grounds