Advocate Sumit Sarkar

Questions Answered by Advocate Sumit Sarkar

Q: Property Boundary Dispute in kolkata with my neighbor what to do

Respected Sir/Madam, I am a Hindu Male, living in Kolkata. My neighbor is building a house at a distance of less than 1-foot from my own boundary wall. He's also blocking a road that I have used in the past, claiming it as his own land. He's refusing to show me his Site Plan. Is it within my Rights that I can demand a copy of his Site Plan? Also, is there any other way to obtain his land's Exact Site Plan with proper measurements; from Municipality or BLRO or any other such official records? Does RTI act apply in this case? What legal course can I follow? Please Advise. Regards....

Advocate Sumit Sarkar answered
you can file an RTI application before the municipality /BLRO.. the dag no. and khatian no. you have to mention properly to get the proper reply. and you may also lodge a complaint before the municipality if you thinks that the constriction of the building is illegal

Q: Produced false caste certificate and got the job what to do legally

If someone produce false schedule cast certificate(with fact obtain from Thasidar) in job but he selected under unreserved category. Can his job terminate or not.

Advocate Sumit Sarkar answered
you may challange the certificate. and you have to obtain a legal document,from where it can be revealed that the caste certificate was falsely produced. then you may take legal actions. and his job will be terminated

Q: Procedure in case the opposite party does not appear in court

Sir I lent money to friend He does return but in Liu he gave me cheque which bounce then I fill a case he does not appear in court expect one or two date out of 18 date in last 4 year Now 3 warrant issue but with no result He is in politics and know law well He not appear in court I am in fix Pls help

Advocate Sumit Sarkar answered
when warrant have issued in criminal cases the concerned police officer bound to arrest the accused person and produced him within 24hours before the court.. if the concerned police officer willfully neglected the case after warrant then you can take legal step against the concerned police officer before the appropriate authority..

Q: Maternal ancestral property sold out without any information

My maternal uncles are saling out or sold out ancestral property without any information to my mother. so at this stage what would be our legal movement ? How we stop this movement ?Can we take any legal action ?

Advocate Sumit Sarkar answered
if the property belongs to your mother's ancestor and it has not ever been gifted to your maternal uncle then you mother entitled to get the property.. u may file a case before the civil judge for get the proper justice and to stop the property from sale you have to obtain an order of temporary injunction from the court

Q: Procedure of divorce for contested

 I surendra rathore and I want to divorce my wife , in legal step... Since 5year ago to married ( love marriage / registry marriage) him and I have one 4 yrs daughter ...the main problem is she blaming me to some affair with someone, around 1 year my wife and I living separately,she gone her parents home, but she doesn't want to divorced me...but she tell me ...living separately each other... please help me with legal advice....thank you....

Advocate Sumit Sarkar answered
you may file a contested divorce case against your wife but after doing this you may face such kind of criminal offences as you stated that your wife blaming you about such affairs. so i suggest you to settled the matter with / without consideration in the presence of the parents or family members for the mutual divorce