Advocate Hemanta Kumar Das

Questions Answered by Advocate Hemanta Kumar Das

Q: Harassment, Force and Threat to obtain NOC by Neighbour of Common wall

Hi,nMy parents (senior citizen) live in a house with a common wall. Neighbors on the other side is constantly harassing, forcing and threatening to obtain an NOC from my parents as they are planning to sell a part/whole of the property on their side on which they are planning to construct flatQuestion:n1. Are my Parents legally bound to provide an NOC? Worried as it may restrict us from objecting in case of any illegal construction in near future2. Is it legitimate to construct flat on one side of a property which shares a common wall?nn3. Where and how to report the harassment, forcing and threatening with 6 and more guys which my parents (who are senior citizens) have faced couple of times ?nnThanks

Advocate Hemanta Kumar Das answered
for advising you properly it is requared to see the papers of your property, what is the terms and conditions you are in with your neighbors regarding the common wall. in case of harassment you can approch the local polie station or district magistrate of your district as your parants are senior citizens.

Q: My brother in law was attempting to give illegal possession to a third party (developer)one year bac

My brother in law was attempting to give illegal possession to a third party (developer)one year back. He left the house that time.and staying somewhere else. This is our ancestral house. We did 144. And got status quo. First floor is in our possession and ground floor in theirs. My question is can they come back and stay here again. Or they can't because of the status quo?

Advocate Hemanta Kumar Das answered
you need get a status quo from a competent civil court of your jurisdiction to prevent any thirdparty from interfering into your said property. The effect of the 144 order is limited and the incident may happen again.

Q: How do I proceed in court without a lawyer?

Re: W.P.A. NO. 3372 of 2022nIn context of the above mentioned writ application, how can I as Respondent No-4 proceed in the court without lawyer?nI am Hindu by religion.

Advocate Hemanta Kumar Das answered
there is no specific procedure to appear before the court in-person, you can appear before the court physically and address the court that you are appearing in person and thereafter it is subject to court's approval. in this case your religion is not an issue.

Q: My mother owns 2 flats in an apartment. We live in one while the other is let out. nnOur committee

My mother owns 2 flats in an apartment. We live in one while the other is let out. nnOur committee is harrasing is through whatever means it can. The apartment needs light during the day but our floor stays dark. The whole flat gets dark after 10.30 PM at night. Some part of the common area is locked. The committee refuses to arrange meetings and give details about income and expenditure. Recently they physically assaulted our rentee to harass us, which I took a video of and reported to police. Police took everyone's name and said they have sent it to court. This incident happened on 28th February this year. They started harasing us more after the incident. They have given us a bill showing our dues, which is incorrect. One of them who lives besides us, plays loud music with vibration. nnThey hiked the maintenance rate starting from last year, and asked for large sun money for development, which we refused to pay as they did not show us any break up of cost or books, and bills.

Advocate Hemanta Kumar Das answered
lodge further complaint of the incidents as and when occurs, take daily update from the police station, if police refuse to lodge complaint then go for court FIR that is U/S 153(3) of Cr.P.C and also you can approch the high court for police inaction upon your complaint or threat. For further information please contact. Thank you.

Q: My father did an agreement with our neighbour to exchange some part of our land with there's. And th

My father did an agreement with our neighbour to exchange some part of our land with there's. And the agreement was registered but my father don't have that paper I don't know why. What is the remedy to know how much part has been agreed upon to be exchange because what my neighbour is telling is not a fair deal according to my father.

Advocate Hemanta Kumar Das answered
get a certified copy of that registered agreement from the registry. on which year the agreement was registered? the document shall have the details of the exchange and if the document is properly registered then both the parties are bound to obey the agreement.