Advocate Swapan Kumar Dutta

Questions Answered by Advocate Swapan Kumar Dutta

Q: ADDA is asking for a lot of money for NOC, how to avoid the same

I have a flat (809sqft), where the land of that building is under lease of "Asansol Durgapur Development Authority". I have loan from LICHFL. I want to resale my flat. The purchaser wants to take loan from bank. But for this loan, a NOC is required from "ADDA". And to get that NOC "ADDA" is asking Rs 380000 as a charge. I am not getting any purchaser who is ready to pay both the price of the flat and huge charge of "ADDA". My question is either there is any other way to sale this flat instead of paying the huge charge in "ADDA"? Like, if we show that we are donating flat to my friend or relative.............. or making any court agreement that my present EMI will be paid by the purchaser and later we will do registration? Any option?

Advocate Swapan Kumar Dutta answered
I am Practicing Lawyer of Durgapur Court as well as Empaneled Lawyer of SBI. U can apply for Takeover before SBI. I will help you. ADDA have authority to collect only charges but not illegal amount without giving valid documents. So U should apply in proper way for getting NOC .

Q: rights of married daughter on her father's property

What is the rights of married daughter on her father's property? And married son also is that a equal or not. Plzzz let me know . Thank you

Advocate Swapan Kumar Dutta answered
According to Indian Succession Act, a Hindu married daughter have same right as son upon the property of her deceased father. If your brother denied to give you equal share as per ration, You have right to file Partition Suit before the Proper Court of Law for redress.

Q: Validity of gift deed

After making a gift Deed, if the gifter died after 10 months is that valid deed? Would that deed be nullified If it is being challenged Later ?

Advocate Swapan Kumar Dutta answered
Once it is registered one, it can not be change latter by any party. But this Gift Deed should be registered as per Registration Act. If all criteria complied, no one can challenge it, whether after or before10 months .

Q: Can you file for Child Custody without Divorce

me and my wife are living separately since the past 2 years and I have a 4 year son who lives with her mother in Kolkata. Section 9 RCR pass in my favour. can I file child custody with out divorce.

Advocate Swapan Kumar Dutta answered
You can file the same but it should be mind it, the Ld. Court may allow your submission if you success to prove some essential requirement, like for better education, care, caution, status, your Income etc. If U have the same, I can do this as a Lawyer.

Q: What should I do in case of false cases from wife

Sir, i was married in kolkata when i was study in there in 2009. I am from kerala. Shameful to say, she was a prostitute. Suffered 3 years and backed out. She filed a lot of cases on me including forced abortion and all. Now my paasport also seized sir. I ve a lawyer here but nothing is getting done sir. Last one year i couldnt go for work.

Advocate Swapan Kumar Dutta answered
Firstly u should collect some primary/secondary documents against your wife for proving prostitute lady. If u stand in right possession, no body can hamper your reputation. Who seized your Passport? If Ld. Court seized, Pls. sent all Orders of Ld. Court for proper advice. I may try it if possible. Regards,