Advocate Kyrunissa Shaik

Questions Answered by Advocate Kyrunissa Shaik

Q: I have submittedl complaint petition against my tenant who refused vac

When i asked to vacate the tenant abused & threatended me to kill if ask him to vacate..I am at 76 yrs. Seniour citizen.I approached polce station & submitted complaint petition and copies to ACP, DCP, COMMISSIONER POLICE, The SHO has not any action even after 30 datys. Is there any way to take action against tenant, who threate nded to kill withcriminal intimidatio ?

Advocate Kyrunissa Shaik answered
Yes, you can take further legal action. Threatening to kill someone can be a criminal offence under Section 351 of the BNS.Since you are 76 years old and the SHO has not taken action even after 30 days:Keep copies of all complaints given to the SHO, ACP, DCP and Commissioner.Send a written complaint to the SP/Commissioner asking for immediate action and protection.If the police still do not act, you can approach the Magistrate under Section 175(3) of BNSS and request the Court to direct the police to investigate.You can also request police protection because you have received a death threat.The tenant eviction issue is separate. For vacating the tenant, appropriate proceedings under the applicable tenancy law should be taken. if you have any further queries please feel free to contact me.

Q: Want to sell house via token system

Is it legal or not, I want to sell my property via dip system like IPOs

Advocate Kyrunissa Shaik answered
If you mean selling your property through a lucky-draw system like an IPO, where many people pay a small amount and one person is selected to get the property, it is legally risky and may not be allowed.

Q: Withholding of Original Educational Certificates by College

My college is currently withholding my original educational certificates. I would like to understand whether the college has the legal right to retain my original certificates and what legal remedies are available to me for getting them back. I would also like to know whether any applicable UGC/AICTE regulations or other laws prevent an educational institution from retaining students’ original documents, and what steps I can take if the college refuses to return them.

Advocate Kyrunissa Shaik answered
Generally, a college should not keep a student’s original educational certificates as a way to force the student to continue the course or pay money. UGC has a specific grievance mechanism for ‘non-retention of academic certificates’, and AICTE rules also state that institutions cannot retain original School/Institution Leaving Certificates in certain admission/refund situations. �UGC +1What you can do:Give a written request to the college asking them to return all original certificates.Keep proof that you submitted the request.If they refuse, ask them to give the reason in writing.If it is a UGC institution, you can approach the UGC Student Grievance mechanism. UGC has the 2023 Student Grievance Regulations. �UGCIf it is an AICTE-approved college, an AICTE grievance can also be considered.If necessary, a legal notice and appropriate court proceedings can be taken for return of the certificates.The exact remedy depends on which college it is, whether it is UGC/AICTE approved, and why the college is retaining the certificates.

Q: Dispute regarding parking of vehicles in apartment

My cousin purchased flat in apartment in Hyderabad in 2006, with ear marked car parking, which was incorporated in the sale deed and builder has advised all the flat owners to park their two wheelers by the side of their respective car parking. Now, after 19 years, one of the flat owners encroached my cousin's two wheeler parking by parking his bi-cycle, duly stating, since two wheeler parking was not documented in the sale deed, it is common area. How my cousin has to defend please.

Advocate Kyrunissa Shaik answered
You can explain to the client simply:“If the car parking was clearly mentioned and identified in your cousin’s registered sale deed, his right over that earmarked parking is stronger. The other owner cannot simply occupy it.However, if the two-wheeler parking was only an oral arrangement by the builder and it is not mentioned in the sale deed or any other document, claiming it as an exclusive legal right may be difficult. The other owner may argue that it is a common area.Your cousin should first check the sale deed, sanctioned building plan, parking plan, association records and any written communication from the builder.If there is evidence showing that the particular two-wheeler space was allotted to your cousin, he can give a written notice to the other flat owner and the apartment association asking them not to obstruct his parking space.If the dispute is not resolved, he can consider appropriate civil proceedings for injunction to prevent further interference.”

Q: Legal advice on child’s surname in birth certificate

i, my son’s birth is registered in Nellore, but his name hasn’t been entered yet. Father’s surname is Shaik and mother’s is Moghal. We want to name him Moghal Ahil Azlan Shaik. NMC says only the father’s surname can be used. Is there any Indian/AP law, G.O., or rule requiring only the father’s surname? Can NMC legally refuse both surnames? What legal remedy do we have?

Advocate Kyrunissa Shaik answered
There is no general Indian law saying that a child must have only the father’s surname. If you want to name your son ‘Moghal Ahil Azlan Shaik’, you can ask the Birth Registrar to register that name. If NMC refuses, ask them to show the specific law, rule or G.O. which says only the father’s surname can be used. If they cannot show such a rule, you can give a written representation to the higher authority and, if necessary, approach the High Court.