Advocate Ajay NS

Questions Answered by Advocate Ajay NS

Q: Can mother gift property to son ?

My father bought a land registered in his and mother's name. Built a house. Last year he expired. Can my mother gift to any one of us directly the ownership. can mother give property to one son ?, Is the consent of other children is required for it.

Advocate Ajay NS answered
If the property was registered jointly with your father’s and mother’s name then after the death of your father his share equally distributed among his legal heirs. So the whole property could not sell or gifted by your mother. She can only gift her share and not her husbands share . If the property is registered in any of the siblings then others must be a party in that registered deed

Q: How to get road access to property ?

Dear Sir/Madam I have a 30 Cent of a land, in which my home construction is going on and I don't have any road access to my plot. But adjacent to my property there is private road owned by a single person (He does not have any land in this area, he only owned this private road now rest of all his land he sold out). This road is constructed from the main road, which connects to 4/5 residences, Government Sub Health Center and a Anganvadi and he still kept this road as his private property. Can I get any right of way to connect this private road to my property? pls assist me to get a proper legal advise in this regard to private road access rights and law's

Advocate Ajay NS answered
In your case the permission for using the way is necessary. If he allows then you can connect the same to your land and main road.Basically, an easement is the right to use the property of another. Easements come in two types: gross easements and appurtenant easements. A gross easement is a right over use of your property held by a specific individual. Appurtenant easements are a right over use of your property for the benefit of adjoining lands. Gross easements give a right over use of your property to those adjoining lands no matter who owns them. An easement is an agreed-upon use of land by a party other than the landowner. This agreement allows access to land for things like natural resources, development of necessary utility pipelines, or construction and maintenance. Easements can be beneficial depending on their purpose. You can claim if you are in the circle in the Easement law.

Q: What is the legal procedure for gifting my father's property to my son? Specifically, what are the g

My dad would like to gift me some land plots, and I am in Kerala. Can you please provide information about the estimated gift deed registration charges in Kerala and any other fees involved? Additionally, how does the Ishtadanam law in Kerala apply, and what is the stamp duty for a gift deed in Kerala?

Advocate Ajay NS answered
If the execution of the deed by way of gift deed or settlement deed,then the stamp paper charge is Rs.1000 and Registration fees 2% of the fairvalue of the property . Fair valueair value of land in Kerala is the valuation set by the Kerala Government upon the District, Taluk, Village and RDO. It’s the calculation laid on facilities and transportation growth in that particular District or Taluk. When registering a property the registration charges and the stamp duty are calculated based on the fair value of that particular land. This value is meant to be revised periodically as per market value and fair value and in Kerala.You can check the fair value http://igr.kerala.gov.in/fairvaluesearch.aspxThe fairvalue of land shown in the website is the base value per are in all the cases. The 50% increase as per the Gazette Notification SRO No.698/2014 dated 14.11.2014 is to be applied on all the fairvalues in this website. In other words this site contains only the base fairvalues of land and not the enhanced fairvalues

Q: Road through our property - neighbour accessibility

I have an agricultural land. We allowed the neighbor to walk through the road built through this land for some years (9, no agreement), as he don't have a direct access to his land. Now we just build a gate to prevent the entry of other vehicles in our land. Now the neighbor making some issues for this. Please advice how this gate affect us legally ? Note : The gate and road are completely through our land. Still didn't block their walk through the road, only prevented the vehicles, No vehicular access to property Neighbors land was not a part of us before and they bought this from another neighbor.

Advocate Ajay NS answered
In future they will claim easement under indian easement act 1882.An easement is a privilege, without which the owner of one tenement has a right to enjoy in respect of that tenement in or over the tenement of another person, by reason where of the latter is obliged to suffer or refrain from doing something on his own tenement for the advantage of the former.A right of way is a right to pass over the soil of another person uninterruptedly. Rights of way do not fall under the denomination of natural rights. They are discontinuous easement, and may be acquired in the same way as the other easements are acquired.The following six characteristics are essential for an easement-(a) There must be a dominant and survient tenement(b) An easement must accommodate the dominant tenement(c) The rights of easement must be possessed for the beneficial enjoyment of the dominant tenement.(d) Dominant and servient owners must be different persons.(e) The right should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, the servient tenement; and(f) The something must be of a certain or well defined character and be capable of forming the subject matter of a grant. It forms a part of right of way is an affirmative easement – It entitles the owner of a right to do a certain act and to continue to do it, namely pass over the land of the servient owner. From this point of view it is called a positive easement. But a right of way also prevents the servient owner from building of his land, or doing any other act in the enjoyment of his proprietary rights on the land, which would interfere with the right of way. In fact, every right of easement imposes on the servient owner a restrictive use and enjoyment of his own land by him so that it may not interfere with the enjoyment of the right of easement by the dominant owner. Easements are classified into positive or negative according to the predominating factor of the particular exercised.So better to restrict the path way or only allow to ingress and egress top their land not a vehicular access.

Q: Can police arrest if anticipatory bail is pending ?

My father in law threatened to put me in jail on 1/7/21.The next day, I applied for anticipatory bail .My case is getting repeatedly posted to another date, as police has not yet provided case diary to the court. Now, my case is posted to 3/8/21.Also,the police has told me to come to police station on 29/7/21.My query is whether the police can arrest me, when my anticipatory bail application is pending in court?, can police arrest after anticipatory bail ? Kindly reply

Advocate Ajay NS answered
Don't worry. Normally the police will not take hasty steps, the police will not arrest you if the petition is pending. If the offence is gravious the police has liberty arrest even the petition is pending