Advocate Sreemon Bose

Questions Answered by Advocate Sreemon Bose

Q: Can I sell my deceased father's property without doing any mutation?

I have a query to address first. My father died intestate in 1998, leaving behind my mother, my sister, and me as his legal heirs to the house under his name. Can I sell the property without mutation on an 'as is where is' basis? Please advise on this. Thank you.

Advocate Sreemon Bose answered
yes you can sell the property as in your father's name without making any mutation. first of all the decision to buy a house or land without mutation depends on the purchaser. if the purchaser wants to buy the property then it is convenient to sell it.

Q: Can registered partition deed be challenged after 22 years ?

Whether any signatories person raised any objection regarding any partition deed which is registered before 22 years. Actually a registered partition deed was made in the year 1995 by amicable settlement and in that partition deed every share holder get the share. And after 22 years one of the share holder can file any case regarding cancelltion of the partition deed and create new partition deed by commission. can partition deed be challenged ?

Advocate Sreemon Bose answered
yes, questions can be raised anytime after any problem arose. a new partition deed can be made with the same parties or with other parties anytime after the said partition deed. For any further query more details is needed.

Q: Can a property that is on lease be purchased? Specifically, can a leased property be sold? What happ

Hello, I am planning to purchase a villa in Kolkata West International City in Salap, Howrah, West Bengal. I learned that the land is on a leasehold basis, with KMDA granting a 999-year lease to Universal Success Group (the promoter of KWI). I have a few queries regarding this: 1. Can I purchase a leasehold property? 2. How is a leasehold property sold? Will the lease be transferred to my name? 3. Can the property be mutated to my name, and can I be the owner of that property? 4. Can I sell the leasehold property after I purchase it? 5. Is it advisable to buy leasehold property, and what potential problems might arise? Please provide your valuable advice on this matter. Thank you!

Advocate Sreemon Bose answered
1. You cannot purchase Leasehold property but you can take it on lease, it is almost equal to purchase.2. Yes, absolutely correct, the lease will be transferred to your name by virtue of a lease deed or transfer of lease deed.3. Yes, you can even mutate your name by showing the lease deed.4. No, you cannot sale the property, but you can again transfer the lease to someone else.5. Yes, you can easily buy a leasehold property.There is no such problem for taking a leasehold property, proper searching must be conducted before taking or signing the lease deed.

Q: Married sister's right over unmarried brother's property, can sister claim brother's property?

Mother, father, elder brother deceased but married sister, brother son & brother wife alive. Which laws applicable for married sister to claim unmarried brother peoperty??? Law for legal heir of unmarried brother ?

Advocate Sreemon Bose answered
if the wife and son of the brother is alive, then sister cannot claim the property of her brother. but if the brother is deceased unmarried then the law is there to provide the share of property of the brother to his brothers and sisters alive.

Q: Extra marital affair of husband and mental harassment

What steps should I take as my husband is having extra marital affair and harassing me mentally with his family members and trying to kick me and my 6years old son out of the house .

Advocate Sreemon Bose answered
the must file a divorce case alongwith child custody along with a maintenance case against your husband. if you can prove it your husband has to be your expenses and your child expenses and provide a divorce to you