Advocate Bhojappa Kallihala

Questions Answered by Advocate Bhojappa Kallihala (400+ answers)

Q: What to do if their is illegal demolition of house by someone on my property ?

we just started construction of house in our property...the basement and first floor completed. Few rowdies who are claiming to be the owner of my property demolished my construction. PLEASE suggest what should i do? plz tell me what are the rules for demolishing a house in india ?

Advocate Bhojappa Kallihala answered
You should do one thing, you have option to file Suit against them for the relief of declaration declare that the you are the absolute owner in peaceful possession and permanent injunction. You can also seek relief that restore the building as is earlier and compontiotion for damage the property. Prior to the suit, you better to lodge Criminal Complaint against them. For further details contact me

Q: How long does it take to get anticipatory bail in India?

How many days are needed to get anticipatory bail for sections 341, 346, 324, and 506b if the person is A2? How much time it takes to get anticipatory bail in India?

Advocate Bhojappa Kallihala answered
Sir, it may take a minimum of 5 to 10 days to obtain anticipatory bail. After filing the petition, the police must submit the C.D. report, and then the Public Prosecutor has to file a Statement of Objections. Once the objections are filed, advocates will present their arguments on the petition. This is the usual legal procedure, and it takes its own time within the judicial process. If you are wondering how much time it takes to get anticipatory bail from the high court, it typically takes 10 to 15 days, depending on the case. If you need free legal consultation, please contact me immediately.

Q: The opposite lawyer has requested a settlement in the 498A case.

Two years ago, my sister filed a 498A case against her mother-in-law and husband. The case is now in court, and my sister has been summoned to provide evidence. The opposing lawyer is now proposing a settlement. What terms and conditions should we consider to resolve the case and maintain distance from them?

Advocate Bhojappa Kallihala answered
Sir, you have mentioned that "stay away from them", it means that where there is no chance to reunite both husband and wife. At this stage, the wife have option to choose settlement by imposing reasonable terms and conditions like as permanent alimony or maintenance, mutual divorce, if issues are there, she can claim partition on behalf of childrens. You can contact me further details.

Q: FIR filed for 498A but charge sheet not submitted since 9 months, what is the time limit to file cha

Suppose if husband has cheated wife and he is in abroad. and his wife is suffering without getting any stay in in-laws home in india. and he is filed with an 498A and now police has filed f.i.r 9 months back, but they are not submitted chargesheet in 498a case to court . When we ask that why still charge sheet not submitted they are telling that we are not getting victim .so is this possible without him they cannot file charge sheet?? Or police is playing game ?

Advocate Bhojappa Kallihala answered
Sir, The apex court has made certain guidelines with regard matrimonial cases. As per the guidelines, the Police Officer cannot arrest the accused. If wife lodge Complaint against the husband and her in-laws, immediatly the police officer cannot take serious action against the accused. There is a guidelines that after lodge the complaint, the first call upon the accused to enquire the real fact, if the allegation are genuine, then case will be registered and also taking serious action against accused. In this case, already over 9 months, the police Officer neither take serious action nor submit the charge sheet. I suhgest you that you bettre make complaint to higher authority to take serious action, it will automatically pressurised to Police investigation officer or another option is that complainant can take appropriate direction from the magistrate to concern police Officer to submit the investigation report.

Q: what happens if there is no occupancy certificate ?

Hi I am planning to buy a flat with in Bangalore. And in my budget I saw many flats are available for sale without OC and CC. But BBMP approved A khatha. They are convincing that they have some set of deviations in getting OC and a like jogging track in lesser dimension etc.. And they are saying its not mandatory and Around 80% of flats in Bangalore are without OC and CC. As I saw such kind of flats are available in my preferred locations.. But flats with OC CC and RERA in my budget are available at the outer city. I want to know the risks in buying such flats. Is it advisable to buy.. what happens if oc is not received ? Please advice..

Advocate Bhojappa Kallihala answered
Sir, I am advising you that if the OC and CC not there, plz don't preferred to buy the property which u intended. The occupancy certificate and CC documents are important. If there is divination and not as per the plan approved by BBMP, it wil be risk in the future.