Advocate Ajesh Sasidharan

Questions Answered by Advocate Ajesh Sasidharan (25+ answers)

Q: road access to one property to another property - kerala

Can the right to use a road access to a property be extended to a third property as well, if a portion of the first property is acquired?

Advocate Ajesh Sasidharan answered
Yes. If a portion of the property having a valid right of way is transferred to a third party, the right of way can generally pass along with that portion, provided the easement is attached to the property and there is no contrary condition in the title deed.However, the third party cannot automatically claim the right merely because the original owner had such a right. The title deeds, nature of the easement and the manner in which the property was transferred have to be examined.

Q: Is POA issued by legal parihar poa services will be accepted as valid

My brother works in kuwait. To do a partition deed writing we would need POA from him. He can't prepare that in kuwait. So my question is Issued POA from legal parihar poa services is valid or not? If we prepare poa and sent it to kuwait for attestation will it be valid and accepted in kerala deed writing offices.

Advocate Ajesh Sasidharan answered
you can prepare POA with sufficiently stamped to him and that can be attested and is valid. he should attest the same in kuwait embassy and and wend back it to Kerala. That is generally valid. The said document has to be drafted in Kerala and send via courier to him at his address

Q: Request for Legal Advice: Financial Support for Education

Hello. My mother separated from my father recently due to safety reasons. She was fully dependent on him financially. They aren’t legally married but he is my biological father, he has another family which he has a legal relationship with. My mom is struggling financially and I have to start college very soon and I am concerned. I was wondering if my father is obligated to paying for my expenses.

Advocate Ajesh Sasidharan answered
yes he is legally bound to give maintenance to you and your mother. even they are not legall married. maintenance of children is maintainable. you file a Petition before the family Court having jurisdiction

Q: Road in ancestral land is blocked

Dear Sir In our village (North Kerala) there was a house & road access is private land. This road was constructed around 30 years back by brother and ancestors propery. Even land owner was using same road. It is not been updated panchayat records till now & it is showing as private property. Some years back original land owner(his younger brother) sold his entire property to some other person & new owner now want block the road by building gate. He claims that this is his private property. We ha

Advocate Ajesh Sasidharan answered
Even if the road/pathway is shown as private property in Panchayat or revenue records, long and continuous use can create legal rights in favour of the user.Section 15, Easements Act, 18821. The pathway has been used openly, peacefully, and as of right2. Without interruption3. For more than 20 yearsAnd was using the said to enter his house and there is no other way to enter the said propertyIn the present case as you were using the said path for more than 30 years, you have the right.The new purchaser cannot stop you to use the said property, even the transfer of the property cannot overtake your rights. Easement runs with the land, not with the person.Hence if the new purchaser is blocking you will be illegal obstruction of easement Options available to you is 1. File civil suit for easementary rights2. Temporary Injunction (Urgent Relief)3. Police Protection (Limited but Useful)4. Easement of Necessity (Alternative Ground)

Q: Legal heir after the death of my sister will her husband inherit it

My sister died intestate with no children husband alive .. she and me had a property in partition deed from mothers inheritance kindly advise whether property will go to her husband

Advocate Ajesh Sasidharan answered
it has to been according to your religion. if you are Hindu then the wife will get full. if Christian then half to the wife and remaining half to sublings. it all depends upon whether any parent of the husband are alive