Advocate Alisha Aslam

Questions Answered by Advocate Alisha Aslam

Q: Neigher not cutting down dried tree adjacent to my house

There is a dried tree next to my house . The property owner is not cutting down the tree and is demanding money from me alleging that I caused it. She is a senior citizen . The land is in her name .She has a daughter who is a government employee but she is also not cutting this tree. I had complained to the panchayat but they are playing in their hands and not responding to any of my complaints. This tree branch has been falling into my property and destroying the shed adjacent to my house .

Advocate Alisha Aslam answered
Hi. since you have already lodged a complaint with the panchayath and as they are not responding to your complaint, it is advisable to file a writ petition and get a direction from the High court for a disposal of your complaint.

Q: Urgent Legal Advice Needed for Domestic Abuse and Restriction of Freed

My 21-year-old girlfriend in Kochi is facing severe abuse from her father, who uses derogatory language, physically assaults her, and prevents her from moving to Bengaluru for a job. She has a back disc problem and is treated like a slave. Her mother, in the UK, also mentally tortures her. We need legal advice on securing her safety, her right to work, and addressing the abuse. What immediate legal actions and protections are available to her?

Advocate Alisha Aslam answered
Immediately move a habeas corpus before the Hon'ble High court, this will prevent them from illegally detaining her against her will. once the case is moved the court will direct her father to produce her before the court and she can be released. All her grievances including her safety, right to work and abuse can be answered in this case and she will be set free. Please take urgent steps to move the court.

Q: Debt recovered without any legal procedure

I have taken an emi and paid almost 90% of the 2-wheeler loan from a private fincorp group. They have accumulated the penalty during covid and said there is a huge amount pending. Now they have confiscated the vehicle forcibly without any order from court or Debt recovery tribunal. Now they are saying they sold the vehicle even though I have possession of RC book and other papers. Is it possible. Can I file any case for settlement at a negotiable price.

Advocate Alisha Aslam answered
Sir once your account is classified as NPA, the bank or that financial institution will initiate recovery measures and unless and until either you stay the proceedings or clear the liability, they will not stop the procedure. however prior to any confiscation a notice is required and that would only satisfy the principles of natural justice. Further if infact the financiers have sold it, the same should also adhere to procedure established by law. However yours might be a case where they have done so much without complying with statutory requirements.

Q: Swath kittan makan makanta makal 1 vayas

Husband father swath anu father death ayi moothamakan ellam swathum kailaki 2 matha makane kitiyilla kittan entha cheyandath moothamakan property vilkanum loan edukanum sramikukayanu engana thadayam

Advocate Alisha Aslam answered
You need to emergently approach the civil court by filing a suit for partition of the deceased father's property. you also need to obtain an injunction order staying any further encumbrances or taking of loans by the elder brother. Thank you. hope this is useful for you .

Q: Stop the construction of burial vault near house

How to stop the construction of a vault type cemetery near dwelling houses. How is the distance between the house and vault determined. Is the distance calculated based on the distance of the property to the vault or based on the house and distance of the vault.

Advocate Alisha Aslam answered
Good day sir. sir the minimum distance of 25 meter is to be kept between the vault and the house. The same is specifically prescribed in the statue and in case of any violation and construction being carried out, it is highly advisable to approach the Hon'ble High court and obtain a stay order. Contact to discuss further and to take next action.