Advocate C S A Illah

Questions Answered by Advocate C S A Illah

Q: Need to get land for entering car.

Our family have 50 cent land.I have 20 cent land,the issue is allover land have only 5 lings passage way to enter the land.my land is in the last of 50 cent.if any chance to get a car entering way..???

Advocate C S A Illah answered
There are several types of right of pathways A right of way can be claimed on the basis of user evidence by using defined route over a period of time you have absolute right for using pathway if is used for more than 20 years uninterrruptedly and as of right

Q: Family court matter of separated hus and wife

My husband filed two petitions at a time. Restitution of conjugal rights in 2021 in the family court of one District. Divorce petition in 2022 Jan in another family court of another district. Now two cases are running. Is it possible to file both cases simultaneously?

Advocate C S A Illah answered
It is possible even though it is inconsistent. If both cases conduct simultaneously there is a chance of passing conflicting decisions You have two options file a Transfer petition before high court to transfer a case from one court to other court Or file a petition to stay subsequent case if the matter in issue same in both cases

Q: Property sale without my knowledge

I am an NRI, and few days back I came to realise that one of the property owned by my parents, who are no more, has been transferred under one of my brothers name without my knowledge. As we siblings have equal right over the parents property, I would like to know how to move forward with this case.

Advocate C S A Illah answered
First you have to ascertain how it was transferred to your brother's name i e the nature of the deed, whether it is a will, sale deed or settlement deed. If that deed is created after parents death you can ignore that deed and straight away file partition suit. Every thing depends on how your brother got property

Q: Land Dispute After 20 Yrs Of Partition

My father's younger brother has a land adjacent to ours. Both lands were purchased initially as a single land by another younger brother and was split between my father and the other younger brother. Total land shown in papers is 1 acre out of which my father brought 45cent and the other brother got 55 cent. Later this 55 cent land was sold to my father as his brother needed some money. The same land was given back to him after a few years. Now he has measured this piece of land and found that only 40 cent is there in this land. He is asking for the remaining 15 cent from us as we were the last seller. My father expired last year and this deal had happened atleast 20 yrs before. Do we have any obligation to give the extra 15 cent from our part of land ?

Advocate C S A Illah answered
only when the other younger brother established or proved that his 15 cents is in your possession. For that purpose the other brother has to file a suit for recovery of property before a civil court and the property has to be measured

Q: FAMILY PENSION TO MENTALLY RETARDED

MY WIFE WORKED IN GOVERNMENT AIDED COLLEGE IN KERALA. SHE EXPIRED 5 MONTHS BACK. NOW I AM RECEIVING HER FAMILY PENSION I AM 74 YRS OLD NOW. WE HAVE ONE PERMANENT DISABILITY MENTALLY RETARDED SON WHO IS FORTY YEARS OLD. NOW AS HUSBAND I AM RECEIVING FAMILY PENSION. I WANT TO INCLUDE MY DISABLED SON IN FAMILY PENSION. WE HAVE GIVENAPPLICATION THROUGH COLLEGE TO DIRECTOR OF COLLEGIATE EDUCATION. COLLEGE HAS FORWARDED APPLICATION WITHOUT SENDING SERVICE BOOK. SERVICE BOOK IS MISSING. PROCESSING HELD UP. WHAT IS THE WAYOUT? IS COLLEGE NOT RESPONSIBLE TO MAINTAIN SERVICE BOOK? CANT THEY PREPARE A DUPLICATE SERVICE BOOK.?

Advocate C S A Illah answered
Service book is the responsibility of Administrative head. File a representation before collegiate department head regarding loss of service book. He can initiate steps to trace out and give necessary directions to reconstruct/reprepare duplicate service book. If they fail to take proper action within a reasonable time can file petition before honorable high court for necessary directions