Advocate Shailendra Jain

Questions Answered by Advocate Shailendra Jain

Q: Can I change ownership from my sister to mother in a cheap way

I want to change the ownership from my sister to my mother for a flat in newtown, kolkata in the cheapest possible method. The flat was booked under minority development initiative by the West Bengal govt. We are Muslims.

Advocate Shailendra Jain answered
Sir The ownership of flat can be changed within blood relationships By way of gift deed.By way of sale deed the cost of stamp duty will be much higher then by way of gift. Therefore you can change the ownership by way of gift deed.

Q: I want to buy a resale flat what legal precautions should I take

Dear Sir I want to buy a resale flat which is more than 5 years old(Seller stay there now). Seller told me that society has not formed yet. Everything is good. Obviously I want to be check the documents by a lawyer before buying the property. But I have one doubt because the seller told me that not to talk to the builder. The seller is saying that he(the builder) is not a good person. Should I talk to builder before buying??? Or not to say?? Also I doubt that there may be any transfer fee... Please suggest me...

Advocate Shailendra Jain answered
hello there is no harm in talking to builder , if you wish u can talk to himbut you must check the property paper properly , if there is written that transfer fee applicable then you will have to pay. else no issue.Thanks

Q: How to get a new flat registered and how mush time will it take

i want to registration my new flat at kaikhali kolkatta what are the documents to be submitted at court.and how much time will be taken.

Advocate Shailendra Jain answered
helloin registration it does not take much time. you need to pay stamp duty and registration charges. documents required for registration : conveyance paper , id proof of both seller and purchaser, photos etc

Q: Process of cancelling the registration of a club made forcefully

I am Hindu. My father has a land . All the documents we have in our favour of that land. Some persons made a club room on that vacant land by force. Now they register the club under society registration act of West Bengal. Is it possible to cancel the registration of that club.

Advocate Shailendra Jain answered
Yes there is lot of options which you can do againat the club if they have encroached in your land illegally. First file an FIR against individual as well as club Second eviction suit against them to remove them from your land.

Q: distribution of father's property among the legal heirs

Please suggest - how to distribute our father's (late) own land within his sons & sister without parcha ? As a Hindu person, I want to your kind hearted help by this land distribution immediately .

Advocate Shailendra Jain answered
Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.-The intestate’s widow, shall take one share. Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.-The distribution of the share referred to in Rule 3- (i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.