Advocate Laksheyender Kumar

Questions Answered by Advocate Laksheyender Kumar (100+ answers)

Q: How to file bankruptcy in india ?

I m unemployed and I have a debt of credit card ₹2 lakhs. So I would like to file a bankruptcy Petition. how to declare bankruptcy yourself in india ?

Advocate Laksheyender Kumar answered
You need to file insolvency petition under provincial insolvency act at district court having jurisdiction where you resides. Then court will appoint the interim reciever then your property would vest with the reciever and becomes divisible among creditors.

Q: What to do in case of mental harassment case against parents in india ?

I was supposed to complete my law degree in 2014, but due to family pressure, I was unable to pursue my legal career as I wanted. I had aspirations of working in the Pune Lower Court, but my parents never supported my decisions, which led me into depression. I have faced mental harassment by parents, agony, and emotional cruelty.

Currently, I am in Pune to complete my pending exams, but my parents continue to harass me, threatening that if I don’t complete my exams, they won’t allow me to return. I want to be independent, earn my own money, and follow my passion. I have been writing legal articles for law firms, but I fear being detained against my will.

What legal action against parents in India can I take in this situation? Can I file a mental harassment case against parents in India? Can I file a writ petition in the High Court under Article 226 to protect my fundamental rights from their interference?

Advocate Laksheyender Kumar answered
Yes, you can definitely file a writ petition in the High Court under Article 226 to protect your fundamental right to education and peaceful living. If your parents' mental harassment exceeds reasonable limits, it may amount to a violation of your fundamental rights, and legal action can be taken to prevent further interference.

Q: Can i claim ownership of land i have used for 20 years in india ?

I got a property in my name, but due to my work, I have had to move from one place to another for years, so I haven't visited my property for a long time. However, I pay all land taxes regularly by myself. On the said property, my aunty and her children have been living for the last 20 years. Can someone claim your property if they maintain it? Can I claim ownership of land I have used for 20 years in India?

Advocate Laksheyender Kumar answered

No, it is not possible for them to claim ownership of your property. They were merely caretakers of the property, and the principle that someone can claim ownership just because they maintained it does not apply in this case. Be assured that they cannot claim ownership of your property, as you hold legal ownership and are regularly paying property taxes.

Q: how to remove mobile tower from residential area

Sir,what is mobile tower removal procedure ?. how to stop mobile tower installation in residential area?

Advocate Laksheyender Kumar answered
1)file RTI application with municipal corporation as to whether permission has been taken from municipal corporation for installation of tower in residential area 2) in 2013 Delhi HC had issued directions to center and city bodies to remove towers near schools , hospitals and residential areas 3) file writ petition in HC for removal of mobile tower

Q: Legal query regarding defamation of landlord

I am a tenant. Can I take out my frustration on a social media website or forum like Facebook about my cheating and intolerable landlord. I want to expose my greedy landlord. Will I be charged under the Defamation law? Please advise.

Advocate Laksheyender Kumar answered
if your content will justified by truth, fair or bona fide comment and you have strong evidences for that then you can go ahead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .