Advocate Shiddhartha Banerjee

Questions Answered by Advocate Shiddhartha Banerjee

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

Q: Advice on the hostile attitude of cousin's bride towards my mother

I am aged 34, stay in an apartment with my parents, wife and brother (5 members). My paternal aunt’s family consisting her husband, son, daughter in law and a kid granddaughter (age 3 yrs.) also stay in the same building (5 members). My paternal aunt’s is a very respectable family. The problem is with her daughter in law. She came from below class family in comparison, is a psycho path, hostile in attitude and suffer in inferiority complex. She (the daughter in law) becomes very angry sometimes, looses control, quarrel badly often with my aunt, husband sometimes and blackmails of committing suicide. She involves my mother sometimes and tells her bad words. As per the rules, the court is soft to the bride side so we hesitate to do anything, what are the latest rules, anything changed? Now in this situation what should I do to be secure my family and my aunt’s family before anything worse happens. Should I need to submit anything to the court or police station? Please advice.

Advocate Shiddhartha Banerjee answered
SirAs the discord is within the family and you people are not able to handle the circumstances. So, for the shake of protection your aunt's son may inform the local police in form of GDE. This will help you in future, if any bad consequences arose.Thanks

Q: Who will get benefit as a heir if a person dies in government service

What is legal right if a person died in working place and he doesn't have a will or nominee who will get all benefit if his marrid sister, brother son & widow alive??

Advocate Shiddhartha Banerjee answered
SirThe right will goes to the Class-I legal heir include son and wife.If they are dead the sister and brother will come.So, the demand of the son and widow will be entertained. Married sister and brother have no place.Thanks

Q: How to get ownership of land if parents have died

Our Grandfather died many years ago, after that my grandmother also died. They did not register any deed/dalil of this land. Now my father wants to construct a house but they stopped our work saying plan should be passed. What should we do ??

Advocate Shiddhartha Banerjee answered
SirAs per your question , I take that your father is the only heir of your grandparents.1. Make a 1st class judicial Magistrate Affidavit wherein mention the date of the deaths of your grand parents and Your father as the only legal heir. The affidavit have to be sign by your father not you.2. Mutate your father's name in the Municipality/corporation.3. Apply for the building plan.Thanks