Advocate Sayantan Patra

Questions Answered by Advocate Sayantan Patra (25+ answers)

Q: Due to Domestic violence and tortures I want to leave my home legally

How can i legally leave my home and get rid of my parents legally ? Its enough of being tortured now i am 20 years old and i want to live peacefully without their mental and physical tortures and abuses ? What legal papers should be given ?

Advocate Sayantan Patra answered
Lodge a FIR with your nearest Police Station annexing your medical report. Start a Domestic Violence case under section 498A of the Indian Penal Code.Subsequently you may file a divorce.I hope this information helps you.

Q: Husband not paying money agreed on while filing for divorce

We have filed for mutual divorce in terms not mentioned in suit but verbally that my husband will pay me some amount not fixed what exactly the amount will be for maintenance and will be 50% beneficiary of the sell proceeds of 2 flats we own jointly.But during this 5 months after filling he has not kept his words and now threatening me of not paying a single penny. What are the actions I can take in order to make sure that he keeps his promises and give me the amount I deserve.I was working in MNCs and left my job twice for saving my marriage and my last drawn salary was around 70k monthly in year Dec'2016.Currently im unemployed and trying to search something lucrative but in vain. Our marriage took place in Dec '2009 under special marriage act 1956.We filled for divorce on 12th Apr'2018. Plz advice

Advocate Sayantan Patra answered
Immediately lodge an FIR and proceed under section 498A.File a criminal appeal if possible.These are common situations.You should have been more careful while making the mutual divorce under 13B.You can consult me.

Q: Court Fees and Duty for immovable property in West Bengal

What would be the Court Fees / Duty for getting a Probate or Succession Certificate for inheriting immovable property in state of West Bengal.

Advocate Sayantan Patra answered
The court may impose a percentage of assets as a fee to issue a probate. In Maharashtra, for example, a court fee of Rs 25 is payable for assets less than Rs 50,000; 4% for assets between Rs 50,000-2 lakh, and 7.5% for assets over Rs 2 lakh. There is a ceiling of RS 75,000.

Q: Purchase of flats ready to move in and already registered attract GST

i booked a complete residential flat on february 2017 with payment of 20% of flat value / after that in july 2017 i made payment of rest 80% of total cost through bank loan/ on august 2017 flat was registered by registry office with payment of requisite stamp duty and registration charge/ after 2 months of registration of the same flat, noe suddenly promoter demanding over phone to make payment of gst/ when i asked him to provide the invoice mentioning the gst/ he said he will issue money receipt of gst amount/ so far i got the idea if a person purchase a flat which complete and ready to move will not attract gst/ when flat is already registered how can it attract gst/ sir i request u kindly provide necessary information in this regard

Advocate Sayantan Patra answered
If the flat was registered before you have paid the amount in full thn that amount shuld have been produced to you including gst.I dont think you need to pay the gst separately. If thats the case that the promoter is forcing you to pay such amount, then you should immediately lodge a GD at your nearest police station.

Q: Necessity to do changes in caste certificate due to change of address

Sir in my caste certificate there have mentioned another address and now I'm going to change my address in same state and district so it's mandatory to change address of my caste certificate or not...... please answer me sortly

Advocate Sayantan Patra answered
As per law you will have to swear an affidavit in case of change of address,as caste certificate is permanent and the authority gives you fresh certificate you could leave out, and if not granted you will present the old caste certificate along with the affidavit for all further documentations.