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Q: My mother, sister and I jointly hold a property in Calcutta. We have given it to a promoter to have it developed. Since the property is undivided, when we get our flats will they be under joint ownership? How can we get the flats registered in individual names?
Soma Banerjee, Calcutta
A: No separate registration is required in respect of the flats owned by the owners of the land. Once the building is complete, you can establish your ownership of the flats through the possession certificate, relevant land deeds, development agreement, completion certificate, mutation and tax bill. However, you will have to transfer the flats in the promoter’s allocation through registration. The development agreement will ascertain the terms and conditions as well as the allocation of the owners and developer.
Q:I have been living in Mumbai since my marriage five years ago. I have a three-year-old son. My husband has always been reluctant to give me money to meet the household expenses. What he does give isn’t enough even for food. If I protest he beats me up. I am from Calcutta and do not know anyone here. How should I deal with the situation legally?
Somali Banerjee, Mumbai
A: It is important that you intimate the local police station about your situation, requesting them to protect you from the domestic violence meted out by your husband. If you want to initiate legal proceedings against your husband and are not working, you can approach the legal aid cell of the appropriate court and request them to file, on your behalf, a case against your husband claiming maintenance for yourself and your child.
Q:My daughter is an UK-based NRI with an Indian passport. She has to submit a notarised affidavit regarding a property in Salt Lake, Calcutta, to the urban development department on a Rs 20 non-judicial stamp paper in a prescribed format. If I send her the stamp paper and she makes the affidavit in the presence of a UK notary, will it be accepted?
Name withheld
A: Since your daughter is currently in the UK, legally the affidavit should be done there. The contents of the affidavit have to be affirmed by her on oath in the presence of a notary. Hence, in all likelihood, the affidavit will be accepted.
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