Advocate Alisha Aslam

Questions Answered by Advocate Alisha Aslam

Q: Is agriculture property sale invalid if the receiver is OCI holder?

There was an agreement for exchange of agricultural lands between my father and X. Ownership of our land was changed to X's son - A. X died soon after. Now X's sons-A,B doesn't want to transfer their property (belonging to X's heir: wife, son-A, son-B) to us. Son - A is an OCI holder. Is there any way we can get back our property?

Advocate Alisha Aslam answered
an OCI card holder cannot hold an agricultural land or plantation property. There you can get back your property. firstly we need to stop the effecting of mutation in X's name by submitting application at the taluk office and Sub registrar office and if required we can get a direction from the High court for the same. Thereafter we can file suit for cancellation of sale deed.

Q: Inquiry Regarding Registration of Religion of our son for school.

My wife, Mrs. Linisha, and I were married under the Special Marriage Act. While I was born into the Muslim faith, my wife was born into the Hindu faith. However, for the past 13 years, we don't have any religious beliefs. Our son is 10 years old and currently studying in school. now required to register his religion for school purposes. we are seeking guidance on whether there is an option under the law to register his religion without categorizing it under any specific religious belief.

Advocate Alisha Aslam answered
Hi. The constitution of India allows you to pranctice religion of your own choice and this has a reciprocal benefit that it also allows a person to be without a religion. As per a recent judgment of the Hon'ble Madras High court, you need not select a religion or caste for you child in the records and the same cannot be out to question by the authorities.

Q: I was using way for 20 years which was my sister in laws property

We have 46centa of land which surrounds private property.we have been using way which was my sister in laws property for more than 20 years.Now she is asking huge amount from us for the permission to use it.which was 8 times higher than the actual amount

Advocate Alisha Aslam answered
Hi. As far as I can understand, you have used this property as an easement for over 20 years and after 20 years you have acquired right over that property by way of easement. You need not make any payment now, as over these years you have already acquired a vested statutory and protected right over the way through the uninterrupted usage. however to clear things up it is essential that you file a suit for declaration of easement of right of way.

Q: I filed a partition suit for my father's ancestral property under hind

The suit got dismissed after 18 months of filing the case.The judgement was suit dismissed with cost??? How much we have to give the cost?

Advocate Alisha Aslam answered
hi. since the suit you filed was dismissed, then costs would mean all costs incurred on the defendants. however you have to file an appeal and then contest the case on merits. there is statutory time limit within which an appeal has to be preferred or else there will be delay. however that delay can be condoned by making a petition to that effect. so your option is to file an appeal in the suit in the higher court.

Q: ancestral property dispute issue in kerala

I am from a christian family settled in Kerala. My father passed away in July. Before death, my father transferred 6 acres of land to my brother. My father was left with 4 acres of land, and on that my brother took a loan of 20 lakhs from a co-operative bank. We were not aware of this. As per the co-operative bank's rule, the property has to be transferred to my mother's name or anyone's name who is ready to repay the loan. My mother and brother is forcing us to do this.what should we do?

Advocate Alisha Aslam answered
Hi. here you need to understand one aspect that is, if a person dies without closing the loan liability which he incurred, then his legal heirs becomes automatically responsible to repay the loan. that is th successors in title will have equal responsibility to repay the loan and the loan can take action against such legal heirs. Per se there is no need for the property to be transferred to mother's name or anyone name. because firstly since the property is mortgaged with the bank, you cannot make any transfers without the permission of the bank and every transfer will be subject to first charge of bank. secondly, even if no specific transfer takes place, on the death of your father,the right over the said property has automatically devolved on all his legal heirs including you and similarly the loan liability on the property is equally devolved on all legal heirs.