Advocate Sudhansu Shekhar Panda

Questions Answered by Advocate Sudhansu Shekhar Panda

Q: Municipality road block by indivisual & makeing this road mud

Respected Lawers, My Question is mr X block our municipality road making a boundary over it. saying that this road is belongs to his land,due to some political issue.actual fact is in previous Settelment in the year 1950 the said land belongs to mr X with a road connecting to his plot .but now recent settelment by odisha govt. in the year 1988 this road is extended on map also in physical to connect the other people in the village.since that settlement period 1988 this road is treated as the main road of the village. & maintain and repair by Jaleswar municipality.treated as govt road.Now mr X block this road & Claim a civil Suit on it to regain this land . there are 100 family depend /on this road for there daily livehood. Is there any possibility?

Advocate Sudhansu Shekhar Panda answered
You have to file a complaint petition before the collector or concerned authority to solve the problem and wait for 60 days. After 60 day you may file a writ petition before the high Court. Or if any case is pending before any court then you may file a petition as intervenor

Q: Court fees for partition suit between two brothers

What is the court fee stamp or stamp duty we need to pay if we probate the will between two siblingss in Orissa? Since there is no dispute we are also considering filing for partition suit.What would be the court fee then? Does Orissa have a maximum amount?

Advocate Sudhansu Shekhar Panda answered
Stamp duty for probate of a will is accordingly.Upto 10000/- it's 2 % of property value .Upto 20000/- 3% of property Upto 50000/- it's 4% Upto 100000/- or above it's 5% and surcharges 50% of the stamp duty

Q: Procedure of dividing ancestral property equally among legal hiers

My grandfather died in 1989 and it's regarding registration of property on his sons name. Grandfather has three son and five daughter. Out of three son eldest son died in 2005. Now remaining two so s wants the property to be distributed among all equally.what is the process to get this done? Being one of the granddaughter I have been hearing it's a lengthy process and complicated also and no one taking interest to get this done. Pls advice.

Advocate Sudhansu Shekhar Panda answered
Total property shall be distributed as notional partition . 1st the entire property will be divided between deceased father and all son. And the share of the deceased father shall be divided equally between all son and daughters.