Advocate Subhankar Sanyal

Questions Answered by Advocate Subhankar Sanyal

Q: Can 498a case continue after divorce ?

We got married in 2007. We have a son (DOB 10.11.2010). We were staying separate since November 2012. In April 2013 she has filled a 498A ipc case. In April 2018 we have got mutual divorce. Our son stays with her mother. at the time of Divorce my wife did a notary where she had mentioned that within next 3 months from the date of Divorce she will withdraw the 498A case (it is mentioned in our divorce paper also that she will withdraw all the pending cases as soon as possible). But even after 11 months of our divorce she didn't take any attempt to withdraw it. She didn't even appear for the 498A case since last 2 years. But I'm giving my Hajira on every date. Kindly suggest me what action can be taken against it.

Advocate Subhankar Sanyal answered
As you are giving hairs and the petitioner is not coming to the court so in that case you can pray for dismiss the case as the petitioner is no more interested to continue the case on the ground and also divorce has been decree between you and the petitioner. And as it is going for last 2 years

Q: Transfer of ownership when I will keep on providing home loan EMI

I would like to know the procedure when I can add someone as co owner of my apartment but loan details will remain untouched and I will keep on paying the EMI

Advocate Subhankar Sanyal answered
As per your query in law rato you can do a gift deed in favour of your family member and transfer some portion of share to that person. Then that person will became co owner along with you. If anything else is required, please let me know.

Q: Advice for flat not been registered

Actually I have bought a flat from the builder the payment is not completed and he has provided me with the possession certificate but it has still not been registered now the said land owner is pressuring me to leave my flat as I have not been registered for the flat so what should I do next.

Advocate Subhankar Sanyal answered
As per your query in law rato, you need to file a case in consumer forum and need to take permission from the court, so that the deed of conveyance shall be executed. Please let me know if anything else is required

Q: Is impotency a major cause of divorce

My only daughter loved marriage a boy about three years back. Both of them were at Bangalore, but for the last one year settled in Kolkata. The boy is totally incapable physically. And never have any physical relation with my daughter. Treatment was done, but no result. To cover his deficiency, the boy is mentally torturing my daughter. Now, my daughter wants to divorce him Please suggest me the course of action and the time frame for seperation in this case.

Advocate Subhankar Sanyal answered
As per your query in law rato, yes you can file for annulment of marriage on the ground of impotency as I believe you have got medical record and prescription. Therefore, go ahead and file annulment of marriage on these ground.

Q: Builder want to handover society without Completion certificate

I have bought a flat in Rajarhat - Gopalpur area in North 24 Parganas in West Bengal.We have been residing there , along with 30 other families since 2020.The builder has not provided a completion certificate yet but now wants to handover the society to us.Please let me know if this is legally correct and is the builder not responsible to provide the the completion certificate

Advocate Subhankar Sanyal answered
As per your query in law rato, yes you can demand completion certificate from the builder and I he fails to provide the completion certificate you can file a case agianst him in consumer forum and he is bound to provide completion certificate along with compensation and cost.