Advocate Kiran

Questions Answered by Advocate Kiran

Q: How to get a death certificate

my grandfather was died in 1998 but our family members are not registered in death records so now we need death certificate so how should I get that

Advocate Kiran answered
If the person is died in the hospital thn u shuld take death summary and death register number from the hospital and go to jurisdiction corporation office and approach, they will tell u to apply for death certificate by writing all the information which u have gained from the hospital. After 5 days they will give the death certificates

Q: Legal action against neighbour for obstructing construction

We have a property of 30 X 60. Our neighbor on the back has raised his building from the boundary, and from the first floor he has extended 2 feet balcony on our property where he has opened toilet vents on our site. Now we have started constructing, and he is saying to leave 2 feet gap... We are already leaving 2 feet gap from our boundary as he extended his balcony on our site. I want to know what legal action can he take and what can we take. He took pictures of our pillar markings so it's clear that he is planning to form a case.

Advocate Kiran answered
Pls u go and give the police complaint with jurisdictional police authorities, thn the police authorities will tell it is a civil dispute, as such u go and approach the civil court, therafterwords u have to file a permanent injunction suit against the obstructor and he has take. Ur photos to file a permanent injunction suit against you. Before tht pls go and file caveat petition, so tht if he file a case also the court will not give temporary injunction without issuing notice to you. During tht time court will hear the arguments of both the side and pass further orders.

Q: Can son attend court hearing regarding 138 case on behalf of father?

Sir / madam,. My father has filed criminal case -cheque bounce case along with 420 case but due to his old age he is unable to regularly attend court. So (as his son )can I attend all court proceedings under my father's GPA ?

Advocate Kiran answered
S u can attend but ur father has to execute gpa in favour of you and tht gpa should be notorized and U have to show ur fathers age proof and any medical ailments certificates to the court. But the reason should be on bonafide in nature and also u should be well aware of the facts and circumstances of the case and u should be able to answer all legal questions asked by other side counsel.

Q: Removal of telecom tower due to non-payment of rent

Hi We need your advice with regards to a civil matter on the removal of a telecom tower on our building, here are the facts, 1) We have a telecom tower installed on our building, it's been there for almost 7 years, during which they've paid us a monthly rent of INR 11,000. 2) Due to the recent losses in the telecom industry, the company that has installed this unit hasn't been paying the rent for almost 4 months now, they have even stopped paying the electricity bill, and the tower is non-operational at the moment. 3) We met with the executives of the telecom company last week, and according to them, they cannot pay any rent at the moment and are looking to find another network service provider to take over this unit, which can take 6 to 10 months, and until then, we cannot expect any rent. Please do let us know our best legal course of action in order to get this structure removed at the earliest. Regards

Advocate Kiran answered
U have to file eviction suit and damages suit against telecom ppl, bcoz thy have not complied the terms and conditions if any agreement is thr. If agreement is thr in tht agreement if arbitration clause is thr thn u have to file arbitration suit for recover of money and also eviction suit for removal of tower frm the building.

Q: Can NCR cases affect in Government jobs

i have NCR case registered on my name due to financial dispute.. now i want to know whether this NCR cases affects appointments in high courts or any judicial courts

Advocate Kiran answered
No tht dnt affects in government jobs. Bcoz it’s a non congnizable registry and keep in find financial dispute cannot be triable by police authorities, thts why thy have file NCR in ur matter. Police authorities don’t get jurisdiction for financial disputes.