Advocate Shreya Bhattacharya

Questions Answered by Advocate Shreya Bhattacharya (25+ answers)

Q: Recovery of ₹10 Lakh Given by Deceased Father + Land Fraud

Respected Legal Experts,I am writing on behalf of my mother and myself after the recent death of my father. Before his death, my father clearly told my mother that he had given ₹10 lakh to a trusted family acquaintance which was never returned. When we approached this person after my father's death, he began changing his statements to avoid repayment. I need legal guidance on how to proceed.Part 1 — ₹6 Lakh for Land Purchase (Fraud Involved):My father gave this person ₹6 lakh for purchasing 1

Advocate Shreya Bhattacharya answered
So many issues are involved here, first your father give that money through bank transfer or cash the money can recover through the legal proceedings. You can file money suit, so many things are there, plzz specify the mode of transfer, how your father gave that money through cash or cheque eta.

Q: Ancestral house under mother's name now daughter wants money .

If both the mother and father dies without making a will and the sister allows the brother to construct the ancestral house into two more floors with his hard earned money can suddenly the married sister demand for money? As while giving permission she already demanded money which was fulfilled. During her marriage dowry was also given. What a brother can do who is also married now and having a son . Can a brother file a case against sister who previously got money for giving permission ?

Advocate Shreya Bhattacharya answered
No The Brother cannot file any case against the sister because if the sister registered a gift deed in favour of the brother then only can this done in the ancestors property the sister has the full right in it. If you give the money it is not in that issue the law will not consider this issue the law will cannot consider the issue that you pay your sister or you give money to your sister and now she leave her all the rights it is not possible

Q: Flat located in Sali land in Sonarpur Municiplaity Kolkata

i am looking to buy a flat in a project which is situated on a Sali land located in Sonarpur Kolkata. Promoter made the mutation in his name but the conversion is not done. the property is 15 year old. please advise whether it is ok to buy the property?

Advocate Shreya Bhattacharya answered
If You Are buying the flat in cash transaction then it is okay but according to law Shali land is not a land where you can build your home or any domestic structure it should be Bastu, and if you want to buy the property with loan it is not a loanable property okay because In Shali land no bank will give you the loan for by the property first the developer should convert the land from Shali to Bastu then can only you by the property and it is my advice that never buy any property for domestic use without Batu

Q: Family problems and fight a woman who is my elder sister

Me and my sister go to police station and lodge a general dairy her name who hit my sister police lodge a general dairy and give a recipe copy and police tell me I will go your home and check what is the matter after that I will return my home ..But till it's have been 2days over police didn't come and nothing will happen what can I do now???

Advocate Shreya Bhattacharya answered
Did you go to the hospital before lodging the GD you told that two days over so please lodge a complaint in your commissinarate and after the seven days you can lodge FIR directly from the court if right now police is not response to your complain then you can lodge a complain in your commissionrate , and after the seven days of lodging that complaint means in commissioner you can directly file the fire from the court

Q: IS WORKING WIFE IS ENTITLED TO MAINTENANCE AND ALIMONY

I have been married for a year, and my husband is constantly threatening me for mutual divorce, and every time we have any dispute.... he abandoned me and I had to live in my parents' house. Also, my mother-in-law has all my jewelry with her and has started to regift and resale that jewelry too. Fed up with all these issues I agreed to mutual divorce, but he is not ready to give any alimony or maintenance to me. And thus, ruining my life by leaving me in another city.

Advocate Shreya Bhattacharya answered
if you are married for a year just you can't file a mutual divorce right now, you have to stay separately for a year or more than one year, now you can file a case of domestic violence. you will get relief in that case, and if you are established in your carrier and your salary is high then you can't get maintenance legally, but in mutual divorce it is the out of court settlement for alimony, because in mutual divorce you are mutually agreed about the divorce.