Advocate Francis Peter Tharakan

Questions Answered by Advocate Francis Peter Tharakan

Q: What to do when want to purchase a land for parking

I am staying 250 Meter away from the Maravanthuruthu panchayath road in Kerala. Currently there is only a 4 ft walk way towards my home. I need car access to my house. I approached my neighbors for the same but they are asking me for a price of 10L /cent and with that they wont register the land in my name, only the car access will be given. But in our area, recently peoples sold the land for maximum 2.5L / cent. I am looking for a legal advise on the above.

Advocate Francis Peter Tharakan answered
Your neighbor has every right to fix the price for his land. Its his discretion whether to give you the possession of the property or right to use the way. It depends upon you negotiations skill. If he is in dier need of money he would certainly come down if you wait. It all depend on Your negotiation skill. You have no legal right to have his land at the price you wish or at the rate at which the recent land deal in the locality.

Q: Bank sending revenue recovery notice for delay in education loan

Sir, My sister had a educational loan(amount of 2.65L) for studying Bsc.Nursing from SIB.and after that she got her job as trainee and she paid 1.65L ruppes within a period of 2 years. After that she got married and went to pregnancy. So that she made a gap for paying the loan. The manager of that time send us a revenue recovery notice for delaying the repayment. But we didn't pledge any of our property to the bank. Now I am facing problems for my future studies. Because any of the nationalised bank doesn't giving me a loan for education. Due to sibilling loan. Can a bank send RR notice for delaying educational loan repayment. They call us for adalat. But before that they send the RR notice. Please give me any legal advice related to this ASAP. Now she applied for elrs program of govt. But my question is can they send RR over educational loan?

Advocate Francis Peter Tharakan answered
Loans are meant to be repaid. It is a fact that your sister had obtained the loan and she is bound to repay them ( be it any kind of loan). Govt. brought the education loan scheme to help students to obtain loan without collateral security and low interest rate. That doesn't mean one can obtain loan walk scoot free.Now to your question yes bank can attach property, if its in your sister's or in guarantors name. If the guarantor to the loan is your father then bank can attach the property . It is advisable to settle the loan at Adalath. To be eligible for ELRS you have to fulfill some criteria. If not eligible approach the bank since its march the end of a financial year they will have some attractive schemes too. Don't prolong the case as interest are multiplying. On the other hand you sister is protected from facing any cohesive action from bank like arrest.

Q: How to avoid legal interruptions in selling my land

I am christian,My father has 11 children. He sold his land which he had from his parents to me alone. But my father didn't gave me the consent document from one of my brother.Now I want to sell that land. I would like to know is there any legal issues which will come across if I don't have that consent paper.

Advocate Francis Peter Tharakan answered
Need more clarification. Whether your grandparents assigned the property to your father or to your father and his children? whether it was a settlement deed or will ? If the property was assigned by you grandparents to your father alone by a settlement deed or assignment deed then your father has every right to assign the property to you, in such a case you don't not need a consent of any other person to sell that property. It is necessary to go through the documents to answer the query.

Q: Can daughter with a registered will claim property before partition

One member of an ancestoral property given registered will to her daughter full share avoiding the son before partition of property. Now she died and daughter argue for full share with support of this registered will . Now the partition held due to this issue.

Advocate Francis Peter Tharakan answered
She is entitled to the share as per the will , unless the will is challenged. That is even though the will is registered that does not mean its unquestionable. The will can be challenged before court of law if it was executed by undue influence , misrepresentation or testator lacked testamentary capacity at that time.

Q: Person having property documents blackmailing wife demanding money.

one lady is having my wife property paper ,now she is blackmail asking money to get back paper .she is coming to my house also and asking money on 16/11/2017 and making problem .can i give police complaint for blackmailing

Advocate Francis Peter Tharakan answered
How come she is in possession of you property documents? Had you mortgaged the property for any hand loan? If she is illegally in possession of your documents, definitely you can file a police complaint to retrieve them.