Advocate Hari C.G

Questions Answered by Advocate Hari C.G

Q: Is there a time frame within which a case can be reopened in court? For instance, can you reopen a c

Hi, the original complainant (son) has passed away, but now his mother wants to continue the case on his behalf. Is there any time frame to reopen the case, and can a case be reopened after 10 years or 20 years if it was previously closed in India?

Advocate Hari C.G answered
ninety days from the date of death, is the legally stipulated time for impleading the legal heirs of a deceased party in a civil suit. But if sufficient reason shown to the satisfaction of the court , the court can condone the delay and implead the legal heir in a party array...

Q: How to get road access to property ?

Dear Sir/Madam I have a 30 Cent of a land, in which my home construction is going on and I don't have any road access to my plot. But adjacent to my property there is private road owned by a single person (He does not have any land in this area, he only owned this private road now rest of all his land he sold out). This road is constructed from the main road, which connects to 4/5 residences, Government Sub Health Center and a Anganvadi and he still kept this road as his private property. Can I get any right of way to connect this private road to my property? pls assist me to get a proper legal advise in this regard to private road access rights and law's

Advocate Hari C.G answered
in general you cannot claim any right of way, without the consent of the other party. But you can claim right of way acquired through easement. But to give a detailed opinion with regard to the right of easements I want the details of the previous lie of the property, road etc.. and other details

Q: What is the procedure to change my caste from my father's to my mother's? How can we change caste in

Is it possible to legally convert the caste of a Hindu from his father's to his mother's at the age of 28, given that his mother is a Brahmin and his father is OBC?

Advocate Hari C.G answered
Cast cannot be changed once applied. There is no provision for changing the Caste. The only way that people adopt is to change the religion from HINDU and after some time return to the HINDUism again and accept a caste of your choice at that time...

Q: Legal heir certificate vs family member certificate

My father died in 2015. Now me, my brother and mother decided to partition the property. Is it necessary to get legal heir to do this? what's the difference between family member certificate and legal heir certificate

Advocate Hari C.G answered
It is not necessary to obtain membership certificate or legal heirship certificate for effecting a partition, but some registry officers may ask for it..The family membership certificate shown the members of the family and their relation ship with the applicant who applied for the said, where as legal heir ship certificate shows the legal heirs who are entitled to inherit the property of a deceased person

Q: Clarification regarding OBC non creamy layer

What is the income proof document to be submitted to village officer for OBC NC, my father is self employed taking home tuition?

Advocate Hari C.G answered
No hard and fast rule for that , it is the satisfaction of the Village office , who should issued the certificate to you. So it is better not to search for any where. You may act according to their words and guidelines