Advocate Anant Kr Jain

Questions Answered by Advocate Anant Kr Jain (25+ answers)

Q: Property Access Path and Easement Rights Matter

have been residing in my house for the past 26 years and have been using an access path through adjoining land openly, peacefully, and continuously as my primary access. The adjoining land was later divided between Owner A and Owner B. The path lies on B’s portion. Owner B never objected to my use of the path for 26 years. I now apprehend that B may construct or sell the land and block the path. I seek protection of my easementary right under Section 15 of the Indian Easements Act.

Advocate Anant Kr Jain answered
your case appears to be a case of easement of necessity in order to find an isment of necessity the necessity appears to be absolute in your case because as the facts reflects that there is no other way for you to access your property if an alternative passage is available now it may be bit inconvenience or a longer for his ingress and aggress. the easement it is settled that subsequent transfer of property or division of property and enjoying a right there after constitute a burden upon the adjoining property transferred their of. the most ordinary instance of a necessity arises where a man is unable to obtain any access to or derive any benefit from his own land without a right of way over his Neighbours land. it is pertinent to note that is meant of necessity does not survive after the alternative outlet is available to the Clement of that right. meaning there by if a person has got any other means of access it cannot be held that the use of a neighbours properties only way of enjoying the is meant of necessity. under the provisions of specific relief Act the plaintiff is entitled to seek injunction from the civil court to restrain the defendant not to interfere in his or her access to the path which is used as of right. in view of the afford set facts I am of the considered opinion that it is not a complex or complicated matter which can be easily brought to the court this is a fit case where the court is obliged to grant an injunction in favour of the plantiff who is using the path as of is mentally write for the last 15 or more period

Q: Name Ki Jamin Per Rasta Hai Bnd Krna Chahte Hai

Name ki jamin per rasta hai or hme bnd Krna hai rasta kyu dusara vyakti free me chahiye rasta kya hum bnd kr skte hai rasta

Advocate Anant Kr Jain answered
you have not mention the details of your dispute and unless and until we know the exact nature of the dispute it would be unjustified to give any opinion on your case and without verifying your papers maps khasra number suggestion and other factors then a lawyer becomes capable and giving his opinion and without that only answer in yes or no will not be in honest attempt on the part of an true advocate I think you will appreciate my bone of contention and take the appropriate step

Q: Extra marital affair issue where suicidal threats are being given

I was in an extra marital affair wid one woman and we both are already married wid one kid each. Now this woman is forcing me to get divorce from wife and get married with her else she will commit suicides'. i dont want to divorce my wife coz my daughter will suffer for rest of her life. Please suggest how to handle this legally

Advocate Anant Kr Jain answered
yes if anyone of two is having extra marital relation and the other spouse commit suicide then it may be problem at it to the other party because no one can have extra marital relationship it is a cruelty on the life partner

Q: Legal advice and support for intercaste marriage. Please guide

We belong to hindu community but I m thakur & he is baniya. Both age -30 yrs. & We want to marry. We both knw each other since last 3 yrs. He is well established and belongs to good family but my mother n father don't want me to get marry to him.It's been 2 years since I hve informed them about him they always keep on abusing him as well as me and also they keep on giving me threats that they will do something to him for sure if we will take the step against them and marry each other.

Advocate Anant Kr Jain answered
you both are major and no one can stop you to marry with each other your parents cannot create any hurdle between your marriage your marriage is not intercast you are free to solve a nice the marriage either from customary marriage or under special Marriage Act or if your parents threaten new then you can approach the honorable High Court for your redressal but I will suggest you to marry without any hesitation neither police nor your parents can stop you you are not going to do an illegal work it is your fundamental right under the constitution of India to marry as per your wish and choice your parent perhaps has not taken advise advise from a law expert my advice is to proceed further and go ahead without worry

Q: BAIL karni hai dusre court mai kya ho sakti h

Haridwar mai case file hua h or mai kotdwar rehta hu or haridwar jana posible nahi h bail k liye kya mai kotdwar court mai present hokar bail karwa sakta hu

Advocate Anant Kr Jain answered
it is not legally possible .what you can do1 challange the summoning order before higher Court which depends complaints allegation 2 move a transfer application before high court on solid ground of transfer from Haridwar to kotdwar 3. if you want to compound and wants to make the cheque amount than your lawyer can do it without bail at Haridwar