Advocate Ajesh Sasidharan

Questions Answered by Advocate Ajesh Sasidharan (25+ answers)

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

Q: Query Regarding Mutation, Will, and Ownership Rights – Kerala Property

My father owned a self-acquired property in Kerala (repurchased by him via sale deed). He executed a registered Will in my favour and lived there till his death in 2008. My mother died in 2021. I am in continuous possession. Village Office demands sibling consent/ID for mutation, With Will + mutation, can I sell, mortgage (KSFE), or Will it to my daughter? Or is a declaration of title suit required?

Advocate Ajesh Sasidharan answered
you can send a notice to your siblings, he has to answer.. if he has objection you can file suit and if he has not raised any claim or issue noc then you can mutuate it. further you can also simultaneously file before sro

Q: We are four children, the eldest sister has a different father

We are four children, the eldest sister has a different father, and everyone has the same mother. Our father died, and when we divide our father's property, do we have to give a share to the eldest sister(another father's daughter) ?

Advocate Ajesh Sasidharan answered
The eldest daughter who is having another father can claim the share in the property only if she has been legally adopted or if there is a will giving such rights. This is all because your father is not biological father of the eldest sister. in such case all the three other child has equal rights in Fathers property.

Q: 15 lakhs Investment given for business by digital transaction.........

15 lakhs given for business. Cheque and agreement provided. How to recover this money?

Advocate Ajesh Sasidharan answered
check must be presented within 3 months. if cheque is dishonoured without payment. issue legal notice within 30 days. if no payment is made after 15 days of notice. File a complaint under section 138 of Negotiable Instrument Act or if the cheque is not presented you can file a civil suit