Advocate Abhirup

Questions Answered by Advocate Abhirup (25+ answers)

Q: Advice on encroachment by Nagar Nigam by construction of road

The property in question is owned by my mother, with valid registered deeds.A small strip of land was left open as a passage.Local residents and ward officials, using municipal resources, have illegally constructed a brick road on this strip and are preventing construction of a boundary wall.There is no acquisition record or legal notification transferring this land to the government.Despite complaints to municipal authorities no corrective action has taken place.

Advocate Abhirup answered
In my suggestion you must go for Title suit against the government in the civil court and there you can claim your gerivances against the government and in case of delay in title suit you can also approach High court and ask to extradite the process of title suit

Q: Null and void marriage under special marriage act 1954

May I null and void my marriage which is done under special marriage act 1954 without my consent

Advocate Abhirup answered
Yes, you can nullify your marriage if it is done without your consent under section 25 of the special marriage act. You can file a petition in the court defining your situation and the court then if the circumstances are as defined by u is of the opinion that it can be nullify will declare your marriage as null and void.

Q: Illegal paternal property occupation and construction

Respected Advocates,My parents are senior citizens and after retirement wanted to settle on paternal home.but father's two younger brothers vehemently opposing our settling their, not allowing any renovation or construction. Despite being undivided property, they have constructed rooms without our consent.They are immensely torturing my parents where verbal abuse & physical threat is normal. My mother is of heart patient & vulnerable to this violent situation.kindly help us to get justice.

Advocate Abhirup answered
In my opinion you should file a Title Partion suit in civil court and as the title partition suit takes a long time for disposal then you can also request from the court to let you old parents live in the property until the final disposal of the partition suit.