Advocate Aravind Sasikumar

Questions Answered by Advocate Aravind Sasikumar

Q: How can I claim Property share in our ancestral property ?

I am a hindu. How can i claim my grand mothers' property share apart from her brothers. They are not ready to devide it now. But can i claim only my mother's share. Grand mother and my mother have died already. They are four siblings to my grandmother. What is the advice. Please

Advocate Aravind Sasikumar answered
The remedy available to you is to file a partition suit. Do check if there is a will. If so, partition suit can be filed based on that will and if not, partition will be as according to law. You can file the suit as plaintiff and make others as respondents

Q: Charged under Section 324 and 341

I was charged sections 324 and 341. I got bail from police station. Is there any need to take bail from court. I have given my summons paper to a lawyer but now I need to change the lawyer.. Is it possible?

Advocate Aravind Sasikumar answered
You don't need to take bail from court. Of course you can change the lawyer anytime. You just need to get the relinquishment and no objection letter from the lawyer you already engaged. .

Q: Rape attempt case against a coworker with whom had a an affair in past

I'm a married women witha child, husband working abroad. Had an friendly affair with a coworker 2yrs back, which broke up long back. Now he is pushing me to have sexual relationship, I requested him many times to leave me, last week he came to my house at midnight and blackmailing with some photographs and audios and tried to attempt have sex with me in my home, but somehow neighbourhood relatives got up and he got beaten up. Now my husband and his family is planning to divorce me. And some of friends also blackmailing me with some photographs and audios. Pls advice

Advocate Aravind Sasikumar answered
File a Police complaint immediately and request for immediate action and keep a copy of the complaint and receipt of complaint with you. If no action action is being taken, you can file a private complaint before the magistrate or file a writ before the high court of immediate action on the complaint.

Q: How to get mother's share in her ancestral property

My mother has 9 brother and sisters. They all gets property partition from their parents and partiation details documents make in single legal version.after that all members have made indivisual documentation respective their property.but my mother does not make them and lying in single documentation with her brother. Thereafter they two members lying in that.But after my mother death uncle doesn't getting interest to transfer the property to us.therefore I want to know how can I solve them or process ? Also I have a brother. ....

Advocate Aravind Sasikumar answered
Your remedy is to File a suit for declaration and recovery of possession. That way you can get your share of the property in yours and your brothers name. Before instituting a suit send a notice asking for your share of the property through a lawyer.

Q: Dispute over ancestral property between brothers

This problem is faced by my dad as the property is in his name. my grandfather made a WILL and all his property was divided equally among my dad and his younger brother ( 30 yrs back), from the past 30yrs we are paying the land tax and we have the receipt of the same. but one farm land 12 cents ( 6 cents to my dad and 6 cents for my dad's brother ( we are paying land tax for this 6 cents from the past 30yrs). but there is no partition line, now when my dad want to have a fence in that land my dad's brother is not allowing to do so and taking the fence off. whenever we try to do so he is abusing us and turning hostile. what can be done on this issue as we have the WILL the land receipt and everything needed to prove that its our land. please advice me as this in turning out to be very annoying as if there is no law. I request you to please find me a solution.

Advocate Aravind Sasikumar answered
As the property is not partitioned yet, your Dad's brother also will have the right over the property. Paying land tax will not confer any right to you. The only possible solution with regard to this matter is to file a suit for partition based on the will.