Advocate Urbasi Banerjee

Questions Answered by Advocate Urbasi Banerjee

Q: Documents to justify shares in Undidvided Properties

My father died 40 years back and his 4 sons also died . The properties are still in the name of our grandfather, undivided between 4 families ( the legal heirs) Some efforts are going on amongst us , (the grand children ), to sell the properties. We are trying to find the documents of the properties which are under our possession since 60 yearsMy questions are --- nn1- Before the properties are sold or divided , how cann each of us have a document that we the grand children have the share or rights to those properties ?nCan a lawyer prepare a legal document whihc can be an evidence of having share in the said properties2- It seems 2 of the properties were not registered, but just paid for and possessions taken.. No body else has ever claimed the properties , so how can we sell or divide such properties which are under our possession since more than 70 years and noody has ever claimed.Shall be grateful for your help. nnnnI would like to know how can I have a legal

Advocate Urbasi Banerjee answered
First of all you need to prove that you are the lawful heir of your father. Similarly all your cousins must prove themselves. Secondly you didn’t mention if you have any aunt I mean the sister of your father and your other paternal uncles. Thirdly you didn’t mention whether you and your cousins have your mothers alive. Why I am asking this, in that case legal implications will be different. Your case is complicated so without doing any further delay please contact me or any other lawyer of your choice for speedy solution. Regards.

Q: Dayabhaga concept regarding married daughter

In Dayabhaga School, married daughter can inherit deceased father property?

Advocate Urbasi Banerjee answered
Yes, why not. A marriad daughter (born after 1954) can claim her deceased father's property. But there are a few ifs and buts which I can not discuss here. you have to contact me either through email or through my contact number.

Q: Unfair distribution of ancestral property

HelloMy father has given my sister her share of the ancestral property (acquired from my grandfather) without my consent and without giving me my share from it. At that point of time I was under the impression that since we are a stable and united family, my share will be given to me when needed or asked for. nnHowever currently i am under the impression that my father wants to sell off the remaining ancestral property and liquidate the proceeds to his own nameWhat can i do to ensure my share is given to me at the earliest..and what are my rights in this regard?nnThank you.

Advocate Urbasi Banerjee answered
First of all you have no right in your father's property until and until he dies or he transfers his property by way of gift during his lifetime. you can not claim any right during his lifetime unless you have a deed of gift in your name by him. This is the law under dayabhaga rule.

Q: Advice regarding domestic violence and abuse

I got married in Dec 2021 and then came to the US with my wife in Jan 2022. Ever since Feb 2022 my wife has been behaving erratically. She has frequent episodes of severe anger accompanied with screaming, yelling and verbal abuse. She has slapped me four times and threw cold drinks on me once. She threatens to call the police and my employer. She even threatens to commit suicide and on one occassion took 20-25 pills in her mouth but I took them out. She accuses me of having affair and constantly checks my phone,emails,chats. I have reported this to her parents but they have not done anything to stop her instead tells me to adjust with her. I feel extremely threatened and unsafe with her. Please help me with some legal advice.

Advocate Urbasi Banerjee answered
You can contact me through email or phone number. need to know where your marriage took place. You didnt mention your religion. You did registry after marriage or it was a court marriage. whether the marriage consummated between you two. All these questions you must answer before I start.

Q: Monthly Alimony Payment to Wife

I am paying month on month alimony Rs. 6000 (as per order) to other party (wife). Recent she has sent me court summons (Sec 125(3), 128) that last six months I've not paid and demanding last six months payments. I have bank statement in which all payment entries are there. Pls suggest in this situation what should I do.

Advocate Urbasi Banerjee answered
Appear in the court and tell the judge through an advocate that you are paying alimony. if you are paying then she had instituted false case. You must appear before the court without fail. Otherwise court may pass adverse order exparte that will go against you.