Advocate Ishan Rohan

Questions Answered by Advocate Ishan Rohan (200+ answers)

Q: Is an unregistered power of attorney considered valid or not?

Will an unregistered Power of Attorney, which is 20 years old and signed by all parties who are still alive, be considered valid?

Advocate Ishan Rohan answered
Unregistered Power of Attorney is invalid for execution of sale deed. If under coercion & wrongfully a person executes Power of attorney one can revoke it & file criminal complaint.an unregistered power of attorney is not valid in case of immovable properties.With respect to the power conferred that being an unregistered power of attorney, it could not operate to confer any power to sell property .

Q: No road to reach my land what can i do ?

Dear Sir I myself arranged a plot for three of us. There is no public road to our plot. But the public road ends to the plot. From there we can get roads for all of us. So we agreed to do the same at the time of registry 5 years back. But now he(friend/neighbour) is not willing to provide road to my plot as my plot is at last position and he is in front of my plot. There is no other way/road left for my plot as the whole plot is surrounded by different houses. So this is the only option if he can provide me road out of his registered land. Is there any legal help I can get help of? how to get road access to property ?

Advocate Ishan Rohan answered
you can apply to the High Court under the PROPERTY LAW ACT 1952 for an order giving you an access right over a neighbour's property.Your application must be made to the High Court. Immediately after filing your application, you must serve a copy of it on the local authority for your area.The owner of each piece of land adjoining your land is a defendant to your application. Any person with an interest in your land or in any land that may be affected by an order has a right to be heard by the court in relation to your application.If the court decides to grant you an access right, it may do this in one of two ways:by granting you a right of way (an "easement") over a neighbour's land (see How to enforce rights conferred by an easement)by vesting in you the appropriate proportion of the ownership ("legal estate in fee simple") of a neighbour's land

Q: What to do if college is not refunding fees ?

I am a student. i paid fees to the institution for English speaking. I dont want to continue with that institute because of poor quality of education they are providing. In the receipt it is mentioned that No refund in any circumstance. Is it possible to get the refund of my fees. in such condition are fees refundable ?

Advocate Ishan Rohan answered
Yes, law is on the side of students as long as their complaints are genuine and they are justified in their demands. So, if a student wants to leave an institute or course midway and is seeking refund of fees paid in advance for the full course, she is legally eligible to get the same. The fee receipt that you get at the time of your child’s admission in a new institute is one of the longest receipts wherein you see you have paid for about a dozen elements. The fee includes tuition fee, registration fee, annual charges, admission fee, development fee, caution money, library, I-card… Basically, in most cases you get an unjustifiable break-up of the lump-sum amount with a note reading ‘the fee paid is not refundable’.In most cases, students continue to be in the institute till the completion of the course even if the institute fails to keep its promises and does not deliver as per expectation, all because of the fear of losing the mammoth fee paid. Such students and their guardians must realize that if they are paying to an education institution for certain services and the institute fails to deliver those as promised, they have the right to withdraw from the institute and also demand the fee refund. Even if the institute has a clause in its rulebook saying that the fee cannot be refunded, you must know that such rules are not bigger than that of the country’s law and you can easily challenge them in the court of law.Although the admission of your complaint in the consumer forum solely depends on its nature, there is no confusion over the fact that colleges and universities can be challenged in consumer forums. As education falls in the ambit of ‘service’ under Consumer Protection Act, all education institutes become provider of this service and become answerable under the law.

Q: What will be the share of children in mothers propery

Land has been transferred to my grandmother after my grandfather's death.. Now who has rights on it.. My grandma has two sons and two daughters

Advocate Ishan Rohan answered
The property of a female Hindu dying intestate shall devolve firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.The property will vest equally in all the children of grandmother if she did not make a will during her life timeThe two sons and two daughters will have equal rights.

Q: procedure to file a case in labor court

Need to know complete process of filing a case in labor court for non payment. 

Advocate Ishan Rohan answered
Please consult the Labour Officer of the area, from the Government. There are sections in the Labour Regulations describing the channel of communications of non-payment of salaries. Such cases are better settled at Official level than through the Labour Court,which is a time consuming process and not cost effective. Issue legal notice to pay the arrears. If co. fails to respond you then file a case in the labour court. https://www.workplacerelations.ie/en/publications_forms/labour_court_procedures_-_s_32_of_ir_act_1946_s_10_of_ir_act_1969.pdfyou can go to this website for further help