Advocate Subhankar Sanyal

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Questions Answered by Advocate Subhankar Sanyal

Q: Create MOU in India while we're abroad

Hi all,Got married in April 2022 in India (no registration done in India yet), and then moved to US and registered our marriage (civil marriage) here in January 2023.Constant abuse from wife (verbal, physical, emotional). We'll go for a mutual divorce when we return to India in November 2023. Can we create an MOU in India now while we are still in t and get it notarized still in US to get the divorce talks started at least?What's your suggestion here regarding my situation ?

Advocate Subhankar Sanyal answered
As per your query in law rato, yes you can proceed with mutual divorce once you return in India in November, before that ut is require to prepare the draft copy of the petition. Please let me know if anything else is required.

Q: Property registration process after the developer ran away since 2020

I bought a 600 sq. ft. apartment in 2018, but didn't do the registration at that time. The developer of the apartment ran away in 2020. So how can I do the registration now? Are the landlord of the property eligible to sign the registry paper?

Advocate Subhankar Sanyal answered
As per your query in lawrato,.First file a case in consumer court and pray for execution of registration of flat and then the court will order for execution of registration of the flat. Hence, as early as possible file a case on consumer forum.

Q: Property bought without cc plan/ purchase plan.

I want to know that in Kolkata many new construction have been done.And most of the properties have no cc plan or purchase plan and hence no loan you can seek from bank to buy such properties. But remaining other documents you will get for these types property.I bought one property like that and I want to know what can be the future consequences one can face being a owner of such property.

Advocate Subhankar Sanyal answered
As per your query , you can file a consumer case agaisnt the builder ans court will give direction to the builder to provide CC along with compensation, litigation cost. Therefore, file a case against the builder as early as possible.

Q: Property at saltlake. Property to be gifted among family members

Our house is at saltlake,kolkata. There are 3 owners each having 1/3 shares after mutation.My mother in law wanted to gift her 1/3 shares to his younger son. What is the process. What should be the cost of gift deed.

Advocate Subhankar Sanyal answered
As per your query, your mother in law can gift her share to her younger son. And we need to take pit query then only we will come to know about the valuation of the property. Therefore, first we need to take out the query first, the. only we can say about the valuation of the property and how much you need to pay for stamp duty and registration charges.

Q: Gifting of property to mother after marriage

There is a flat having 50% ownership with me and 50% ownership with my mother. After the purchase of the property, I got married. Can I gift my 50% share in the property to my mother now?

Advocate Subhankar Sanyal answered
As per your query in law rato, yes you can do a gift deed in favour of your mother regarding the property and tgere will be no complications. Hence contact with any advocate and execute the registration.