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Since 1st March, 1999
 
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LEGAL FAQS

Q: I stay with my in-laws at my matrimonial house. I have a seven-year-old daughter. Since last year my husband has been staying separately. Now he has filed for divorce claiming that I torture his parents physically and mentally, which is not true. Can he get a divorce on such a ground? Will I have trouble getting our daughter’s custody and alimony? I am currently working on a short-term contract.

Name withheld

A: If your husband has filed for divorce on grounds of cruelty, he will have to prove his allegations in court. While contesting his allegations you will have to file an application for the legal custody of your daughter as well as for her maintenance. If the court is satisfied that your daughter’s welfare would be under your care, you will not have any trouble getting her custody. If your husband’s income is more than yours, you can claim maintenance for yourself as well.

 

Q:We are 10 brothers and sisters. Our ancestral property was gifted to our mother by our maternal uncle through a danpatra (gift deed) and registered in her name. Unfortunately, it was not mutated in her name. Our mother, father and maternal uncle have expired. Now we wish to sell the property. How should we proceed?

S.K. Roy, via email

A: Since the property was owned solely by your mother and it devolved upon all of you through inheritance, there would be no problem if you sell it jointly. But all the 10 heirs have to execute the sale deed either in person or through their constituted attorneys at the time of sale. You may sell the property without mutation. But before selling ensure that the property taxes have been paid up to date.

 

Q:I have been staying in a rented flat for the past four years. It badly needs some repair work as some of the windowpanes are hanging precariously. The landlady is deferring the repair work on some pretext or the other. What should I do?

Jayanta Biswas, Calcutta

A: According to the rules under The West Bengal Premises Tenancy Act, 1997, you can send a notice to your landlady requesting her to undertake the repair work within 72 hours of the notice being served. If she does not comply, submit an application for repair — along with a copy of the notice and estimated cost of the repair work — to the rent controller’s court.