Advocate K. B. Arunkumar

Questions Answered by Advocate K. B. Arunkumar (25+ answers)

Q: Procedure to file writ petition against illegal construction by neighbour

My neighbour in front of my plot has done illegal construction in his plot with a view to reduce the value of my property And cunningly acquire that land for a very low price. I am unable to sell my property because of the blocks created by him. Can I file a writ complaint against neighbour for illegal construction? Please advise what I should do

Advocate K. B. Arunkumar answered
If the construction carried out by your neighbour is illegal, you can approach the concerned Local Self Government Institution (Municipality/Panchayat/Corporation) by submitting a representation highlighting the illegalities committed by him and request the authority to stop the illegal construction carried out by your neighbour by issuing a stop memo and also to demolish the illegal construction. After submitting the said request, you can approach the High Court by filing writ petition with a prayer to direct the LSGD concerned to take action against the illegal construction and to demolish the same.

Q: Can rape case be filed after many years had passed in India?

Could a woman be able to file a rape case in India even after so many years of the incident in India?

Advocate K. B. Arunkumar answered
She can file case with convincing reasons for not filing complaint immediately after the commission of rape. It is very difficult to prove the case as the evidence that may lost due to passage of time.

Q: Husband living separate, not giving dowry money back want to file case

Last Jan 10 th My husband and his mother told me casually to go and stay in my own house for 2 days but after me and my son reached my home my husband's and his mother's attitude changed and till now am in my home. They are not allowing me and my son to enter their home. They are not giving me back my Gold and dowry. Everything is in my mother in laws custody. They are telling now they dont want us but they need all my dowry and Gold. I tried my husband in his phone many times but he is not attending and i gone to their house but they locked the house and gate and hiding somewhere else. Please help me to proceed with the case. What all are the cases I can charge against them? Now they are planning to leave this country.

Advocate K. B. Arunkumar answered
You can very well approach the Family Court for recovering the money and gold retained by them. If you want maintenance and wants to reside with your husband or divorce , you have to file petitions before the Family Court.

Q: Liability to pay compensation for vehicle with insurance for accident

hello Sir, a claimant has charged against me for compensation regarding a vehicle accident case under section 166 1 a OF 1988 motor vehicle act. The vehicle had first class insurance. Will i be liable to pay the compensation?

Advocate K. B. Arunkumar answered
If you have valid license and also full filled and not violated any of the Insurance policy condition, you are not liable to pay compensation to the injured , the Insurance company will indemnify you.

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 K. B. Arunkumar answered
If the document is safe for you there is no worry to lodge a complaint against blackmailing. No law permits blackmailing. Any person aggrieved by threat from any person can seek police assistance by lodging complaint against the wrong doer.