Advocate Swapan Kumar Dutt

Questions Answered by Advocate Swapan Kumar Dutt

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 Swapan Kumar Dutt answered
Sir, please note that when the lease will expire, your rights will also come to an end... but that is after 999 years. Otherwise everything is same as ownership. Please call if you have further questions.

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 Swapan Kumar Dutt answered
Madam/Sir,In the event brother who is unmarried dies intestate (without making a will), married sister will get the property as per Hindu Succession Act, more specifically according to schedule 1 and schedule 2. You may make a partition of the said property if you so desire. Please call if you have any more questions.

Q: What should I do if police not obeying the Civil Court's order

Dear Sir , I had filed a civil suit before the Civil Judge ( Jr.Division ) court in 2017 & I had obtained an interim injunction order from the said court & the said court directed the defendants not to make any illegal construction in my land/premises & not to enter in my land even the said Court ordered the Officer in Charge of the local P.S to give me the necessary assistance in this regard if I want but the said defendants are making a construction illegally on my land & they are entering in my land by violating the said order even I have lodged many complaints to the local P.S in writing & seeking help on the basis of such order but I'm not getting any police help . I have already informed this matter to the Civil Judge but he is not taking any strict action against the police or the defendants ,in this situation what should I do? The said Civil Judge has become inactive as a result, I'm suffering till now. I have an injunction order but I'm helpless . What will I do? Pls reply me.

Advocate Swapan Kumar Dutt answered
File a writ against the police authorities in the High Court and file a contempt against the defendants. Please call us for more details regarding your matter. We will be able to help you out in this situation.

Q: How to divide the property as per share

I am the only son of my father who was died when i am of 6month old, And my father have one more younger brother(my Uncle) he has the children. After the death of my father my mother came to her father's home because of unsafe environment which was in her in laws house, Now I am 21 years and i want the share of property belongs to my grand father but he is refusing to give it to me for the my mother files a case in respect of property agains my grand father and uncle but after even after 5-6 year no judgement did by the district court Puruliya, West Bengal, after some time I realize that the lawyer that we had hired was only taking fees time to time and ignoring us to give any answer in respect of the case, I think he was taking bribe from the opposition party and he had given all the original evidence that we had submitted to him for his investigation to the opposition party and told us that the documents are lost. And now I want to file another case.

Advocate Swapan Kumar Dutt answered
Sir, there is no need to file another case. Just ascertain the position of your old case (partition suit) and fight the case through some other lawyer. Problem will be solved. Please call for more details.

Q: Can I file a case against unauthorised construction

 A promoter has been constructing a "Multi-Storied" G+4 Building illegally beside my house and I had lodged many written complaints to the Municipality as well as the local police station , subsequently the said Municipality issued a "Stop Work Notice" against the said construction in 2016& the said municipality has found that the said construction is illegal & G+4 floor is also illegal which is without sanction . I have obtained this Stop Work Notice copy from the municipality but the said promoter is still continuing the construction but the said municipality is now telling me they can not stop this work thereafter , I have filed three additional written complaints to the District Magistrate , Sub-Divisional Officer as well as the Commissioner Of Police in this regard but till date , no action had been taken . I am the very closest resident to this building . Being a common person can I file any case or suit against the said promoter?

Advocate Swapan Kumar Dutt answered
Sir you can file a suit against the promoter and get an injunction from the court so that the promoter cannot carry on with the construction. Please call for more details if you have further questions.