Advocate Johnu Kanta Bhuyan

Questions Answered by Advocate Johnu Kanta Bhuyan

Q: Ancestral property dispute- Not getting our share of ancestralproperty

HiMy Father had ancestral property (in Village) and he expired in 2006. Father had 1 brother and 4 sisters. Now we need our share of ancestral property but Uncle's sons (cousin) are not giving our share. Is there any way we can do anything. nnLet me know nnThanks

Advocate Johnu Kanta Bhuyan answered
File a suit for your portion of the share of the land before the appropriate court. Hire a good lawyer. Contact me if you need any help.File a suit for your portion of the share of the land before the appropriate court. Hire a good lawyer. Contact me if you need any help.

Q: Cheque bounce is bailable or imprisonment as i ahve stopped the cheque

I have taken a loan of 1.7 lac from a local person at 10% interest monthly. I was paying interest for last 6 years regularly. till lockdown after which i lost my job. Till now I am unemployed. I requested to waive off my interest and wants to pay the 1.7 lacs inparts. but he is demanding for 3 lacs. I have given him blank cheque and stamp paper and now he is threeatning me to pay 3 lacs or wil, go for cheque bounce, Like to know will i be jailed for chequee bounce or can i take anticipatory bail or any other.way

Advocate Johnu Kanta Bhuyan answered
If he files a case against you then you have to take court bail once you get summons from court. You will not be jailed directly and you will get the opportunity to defend your case. however I will suggest you to make a reply to the advocate's notice so that you can have a good defence at the time of trial. If you have any doubts you can contact me directly.

Q: building construction on leased land

If I give lease of my land to a nursing home, and they construct a building over it, can I take back my land after the end of the lease period?

Advocate Johnu Kanta Bhuyan answered
once the lessee construct a permanent structure in your land then you would not be able to vacate the lessee till the period of lease period is completed and the lessee will get indefeasible right to the land. However if the lessee fails to pay the monthly rent than you can file a suit for payment of rent and if the lessee fails then you can vacate them and repossess the land. Once the lease period is over you can get back the land but this all depends on other factors also. It will be good if you can contact me directly so that I can guide you in getting the agreement done in proper way so that you can't get into trouble in the future.

Q: Alimony and maintainance issue

I am 59 years now, I got married 1989. My husband decided not to give any many. He is 64.I am Hindu.

Advocate Johnu Kanta Bhuyan answered
You have the right for maintenance i.e monthly income from your husband, however you need to immediately file a case in this regard before the court. For this purpose you can contact me for securing money from your husband. Regards

Q: Non payment of rent by tenant and vacating premises without notice

My tenant who was running a business paid me the last rent (rent for OCTOBER 2020) in the month of April 2021.Due to covid, as the business is not running smoothly, they said they will pay the rent slowly which I agreed.Then suddenly without any formal notice they vacated my premises in mid June 2021 taking most of their belongings.I really felt shocked by the way they behaved.Adjusting the security money, they still need to pay me rent for 5 months.When I called them,they said they will not pay me the rent for 5 months due to covid.Can any legal action be taken against them?

Advocate Johnu Kanta Bhuyan answered
You can definitely take legal action against the tenant as they have occupied the place and therefore legally liable to pay the rent. However your case has to be filed within the limitation period and therefore you need to contact me as early as possible. Regards