Advocate Sayantan Banerjee

Questions Answered by Advocate Sayantan Banerjee

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: Elder son's right to claim share in father's self acquired property

My father does not want to give me share, whereas I have invested a lot in standing of that house.My old aged Father and mother are in grip of my late younger brother's wife and due to that my father is threatening to transfer/sell full house to late younger brother's wife. I am the eldest son. Can my father be stopped in selling of that property? May I have right to get any share. Can my son who is 20 years old claim for any share in that house?

Advocate Sayantan Banerjee answered
Yes you do have share in the property od your father. Can u show prove that you have invested in building that house? Dn u can file a suit. If the prooerty s in the name of your father alone dn he can dispose off the property as per his own will

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

Q: Neighbour creating obstacles for rain water wants to file a case

My neighbour create obstacles to go through rain water which is going from 100 years. The land actually not belonging to him. It occupied by him. So I want to impose sec144 on the disputed land.

Advocate Sayantan Banerjee answered
144 is valod for a petipd of 2months and its winter the question of rain water does not arise. If you want to fill 144 then the plea of rain water will not be entetrtained Its advisable you file a suit for injunction