Advocate Shiddhartha Banerjee

Questions Answered by Advocate Shiddhartha Banerjee

Q: Is power of attorney valid after death of the owner of the property ?

My dad had a plot in his name ,however he signed a power of attorney in 2001 with a fixed rate . Unfortunately he died and so will the power of attorney will be valid . So now the property automatically comes under his wife and children's name ? What is the power of attorney validity after death in legal contexts? Hindu by law.

Advocate Shiddhartha Banerjee answered
SirThe Power of Attorney executed by your deceased father during his lifetime has extinguished. As the executor is not living, then whose power the Attorney will cat on.The property devolves among his legal heirs.Thanks

Q: Can I get an SC certificate if my mother is SC and my father is General?

I belong to SC, but I don't have any SC blood relation on my father's side. However, my mother is SC, and my mother's sister's daughter is also SC. Can I obtain an SC certificate if my mother is SC and my father is General, based on these documents?

Advocate Shiddhartha Banerjee answered
SirNo. You cannot get a SC certificate. While granting the Schedule Caste/tribe/OBC certificate , the authorities look the parental blood line.As Your father is not a SC, so, the authority will not grant you the certificate.Thanks

Q: Can a government employee do business on their own name ?

Hello All, I am having a doubt related to Government Sector in India.It was told by people to me that law does not allow government employees to have their own business. I am just eager to know that is there any Law for the same.if I am a Government Employee working under the central government then would I able to start my own business..?? Many time people in my contact came across excellent business ideas but they do not proceed due to the certain rumors(I am not sure is it a rumor or law ) that an employee working under government is not allowed by Govt of India to start their own business. One of my friends is still confused with this.he has an excellent idea of a startup but it was told by people that you cannot proceed because the law does not allow us. One has to resign from government sector to startup their business. can government employee do business on their name ?

Advocate Shiddhartha Banerjee answered
Sir A central government employee cannot do any business as per the Rules of service. You cannot do business in your own name. No family pensioner cannot do any business in his/her name. If does any business such case permission is required from the appropriate authority. Thanks

Q: How to inquire about Cooperative Housing Flat Registration

The Housing Cooperative is situated in New town, Rajarhat. The Plot was bought from HIDCO, in 2007, Housing Cooperative was registered in the same year. Total number of members 8, total plot is 6 Kotha/kattha. Completion certificate sept-2016. Questions; 1. Is it necessary to register the conveyance deed for all members on the same date? 2. If one member wants to register conveyance deed on a different date what documents he requires from the housing cooperative society?

Advocate Shiddhartha Banerjee answered
SirIt is not mandatory that all the members have to register on the same date. For the sake of easiness it is said.If you want to register later, the you require the following documents--- copy of the deed of land, name and address of the secretary and president of the society, copy of the society registration.Thanks

Q: Is an owner bound to renew the rent agreement

I had given my shop near Asansol on rent for last 6 yrs with a agreement of 3 years each. So two times agrmnt already done. Last agrmnt expired on July 2017. I dont want to give it for another 3 years, so mutually it was decided that the new agrmnt will be for 2 years and there will be NO renewal after this as I will take possession for my own use. The agrmnt was prepared and send it to my tenant for signing, but he lost it and ask to prepare a fresh one. Since he already lapsed 6 months in signing back the agrmnt, I said the new agrmnt will for 2 yrs (-) 6 months i.e. for 18 months. Now my tenant saying He is going to purchase a shop which might be ready in next 2/3 years then he will shift. So he request to keep a renewal option in the agrmnt and make it for 3 years. My question, am I bound to keep renewal option in the agrmnt as per law. I really don't want to for any court cases as I am working in Kolkata which is 260 kms from my shop. Please advice

Advocate Shiddhartha Banerjee answered
SirThe renewal clause is not mandatory. But, for the safety you take in writing from your tenant that he will vacate the shop after certain period.Thereafter , make an agreement on that basis.Thanks