Advocate Laxmikanta Tripathy

Questions Answered by Advocate Laxmikanta Tripathy (25+ answers)

Q: Hum 20 saal se ek property par adverse possesion kiye hua .

Hum ek property 20 saal se adverse possesion kiye hua hain ...jo property kabje kiye hua hain use property ki pichhe humara 2 decimel ki ek stitiman jami hai ..kya uska son ya grandson case karke jit sakta hai ?

Advocate Laxmikanta Tripathy answered
Yes, adverse possession itself does not give you title or ownership of a property illegally occupied by you, however, there are certain requirements/conditions that you must meet to keep the land to yourself

Q: maintenance execution case by wife

I have 2 questions. 1. The court passed an order but I am not given a copy. My lawyer said execution order copy aren't given. Isn't it unlawful? 2. I was asked to pay from the date she filed 125 crpc. But judge refused to deduct the amount I paid her and the daughter between case file and the order date. Isn't it unlawful?

Advocate Laxmikanta Tripathy answered
The amount you paid in between is called interim maintenance and is generally not considered in the final decree, however, as regards to copy of the order is concerned you can always apply for a certified copy and obtain a certified copy. If you are unsatisfied with the order you can file either a appeal or even mata/writ before the high court challenging the legality of the said final decree

Q: POA : Will Notarised POA be fine or Registration is requirer

My niece (We r Hindu) an NRI will be in India shortly.She has a flat allotted by Local Development Authority but registration will take time and there may be a lot of related paper work to be done.She wants me to handle it through POA which will be to handle/deal with everything related to this flat except authority to sale,transfer or deal with title..She will come again for registration ,when due.As the POA is without authority to sale,transfer and title matter can a notary POA will be ok?

Advocate Laxmikanta Tripathy answered
No power of attorney has to be registered as per the registration act otherwise it wont be valid. You can simply register a power of attorney deed without possession clause to reduce stamp duty significantly

Q: I had worked in permanent post i a cpsu more than 35 years,

I had worked in permanent post i a cpsu more than 35 years, the epmployer dismissed me from the service & forfeited gratuity wholy. I am seeking advice & help.

Advocate Laxmikanta Tripathy answered
You can file an Original Application before the Central Administrative Tribunal and challenge dismissal along with it you will have to file a M.A to claim you gratuity. Also particulars as to why you were dismissed is very important to this case so that relevant provisions can be suggested to you. Kindly contact me to discuss further.

Q: love Marriage karni ha bhag kar solution aur precautions cahihe

Ladki ka age 19 ha or mera 25 ha. Ladki ghar vale sadhi ka liya ready nahi ha aur ladki kahiti ha ki uske ghar vale raji nahi honge tume mujhse jaldi shaddi karlo bhaga kar ke. mera ghar vale sab raji ha tho mai kya precaution lu jisse agar ladki palat gayi tho ma safe rahunga agar nahi palti tho shadhi bina problem ka kase karu aur ek main problem agar ladki bhag gayi tho mera cousin brother fash jaye ga usko bi safe rakh na ha ki mera bhai ka ghar tak baat nahi jaye kuch solution au precaution

Advocate Laxmikanta Tripathy answered
You can prepare a prenup agreement and swear it before executive magistrate. As both of you are adults and young you can opt for registered court marriage. Prepare the documents before your marriage date and live in your respective houses. Then marry on the date given to you and simply cohabit together. If your family is in support of it, then you should not face any difficulties. However, I will advise you to take a rational approach as marriage is a long-term commitment and an important life decision. legally, as both of you are major that is above 18 years, you are free to take decision in regards to choosing your life partner and the law will protect you. However, if you fear that your potential bride may turn against you, you must take caution and and discuss the issue in detail with her.For drafting the Pre-nup agreement and for details as regards to court marriage and marriage registration, you can contact me.