Advocate Airpula Ishwarya

Questions Answered by Advocate Airpula Ishwarya

Q: Village residents illegal house construction on Our agricultural land

We have a agricultural land near the village residential area. Some people have made houses in our land saying that the government allotted plot for them. Initially, we thought their houses were constructed on government allotted land. But on surveying, we came to know that their houses are on our land. When we try to fence our land, many village people are objecting us by showing papers that they also have allotted plots. I strongly suspect the village papers to be false. How to handle this?

Advocate Airpula Ishwarya answered
Dealing with encroachments on your land can be complex, but here are some steps you can take:Gather Evidence: Collect all documents related to your land ownership, including land deeds, survey reports, and any other relevant paperwork that proves your ownership.Consult Legal Experts: Seek advice from a lawyer experienced in property and land disputes. They can help you understand your legal rights and options for addressing the encroachment.Notify Authorities: Inform the relevant local authorities, such as the district collector's office or the revenue department, about the encroachment on your land. They may be able to assist you in resolving the issue or taking legal action against the encroachers.Engage in Dialogue: Attempt to engage in dialogue with the encroachers and the villagers to explain your ownership of the land and present evidence supporting your claim. Sometimes, reaching a mutually beneficial agreement through negotiation can be an effective solution.File Legal Proceedings: If necessary, be prepared to take legal action against the encroachers to reclaim your land. This may involve filing a lawsuit for trespassing or seeking an injunction to prevent further encroachment.Stay Safe: Ensure your safety and security during this process, especially if tensions escalate. Consider involving local law enforcement if there are concerns about potential conflicts or threats.Document Everything: Keep detailed records of all communications, interactions, and legal proceedings related to the encroachment. This documentation will be essential in supporting your case.Dealing with land disputes can be stressful, but with careful planning, legal guidance, and persistence, you can work towards resolving the situation in your favor.

Q: Cheating Marriage ( A gay Man married to my sister)

We married our sister very recently, first night day it self that guy behavior is something Diffrent , then we consultant Doctor then he him self told to the doctor that he has affair with another man. This is the problem, what can we do, please suggest us

Advocate Airpula Ishwarya answered
Yes, given the circumstances, filing for divorce could be a viable option. Adultery is recognized as a ground for divorce under Indian law. You should consult with a family law attorney who can guide you through the process and advise you on the best course of action based on the specific details of your sister's situation. It's important to prioritize your sister's well-being and make decisions that are in her best interests. Additionally, consider providing her with emotional support during this challenging time.

Q: Regarding property from bank auction

I am planning to buy a bank auction property. Bank people showed me the original registered sale deed of the property, which was executed by both previous owner and a GPA holder to the present owner. The present owner deposited the original document in bank and not able to pay the loan. Bank people are not ready to give xerox copies of documents. Is it safe to buy such a property? GPA holder has any right to execute sale deed?

Advocate Airpula Ishwarya answered
Buying a bank auction property involving a General Power of Attorney (GPA) can be risky. While a GPA holder can execute a sale deed, it's essential to verify the legality of the transaction. You should conduct thorough due diligence, including checking if the GPA was validly executed and if the sale deed was registered properly. Consult with legal experts familiar with property law and DRT regulations to ensure the transaction is legally sound and to mitigate any potential risks associated with buying a property involving a GPA holder.

Q: Builder laundered money and escaped

Builder has given an unregistered agreement stating that he will construct 5 floors in 190 sqyards and 2 portions each floor in 15 months and now it's been 24 months he has not started yet. He collected 8 lakh rupees from for construction approval from local authorities. I have transferred money online. Now he is not responding. What I have to do. I brought loan and I'm struck.

Advocate Airpula Ishwarya answered
You can consider filing a case against the builder for cheating under Section 420 of the Indian Penal Code. The builder's actions of accepting money for construction approval and not fulfilling the agreement within the specified time frame constitute fraudulent conduct. Gather all relevant documents, including the unregistered agreement, payment receipts, and any communication with the builder, as evidence to support your case. Consult a legal expert to guide you through the process of initiating legal action against the builder and seeking appropriate remedies for your situation.

Q: i paid loan emi fromlast 3 years of tenure of 5 years

i paid loan emi from last 3 years of tenure of 5 years but i cant pay now emi now, last 7 months back i had a leg surgery .thats why i lost job and still no job right now.

Advocate Airpula Ishwarya answered
Under the Civil Procedure Code (CPC), if you're unable to pay your loan EMI due to circumstances beyond your control, such as medical issues resulting in job loss, you can seek relief through legal avenues. You may consider approaching the court for appropriate relief, such as a stay on loan proceedings or restructuring of the repayment plan, citing your inability to pay due to the unforeseen circumstances of medical incapacity and subsequent unemployment. It's advisable to seek legal counsel to navigate the specific details of your case effectively.