Advocate Love Kumar Soni

Questions Answered by Advocate Love Kumar Soni

Q: Society disputing Roof rights that was purchased before its formation

I purchased the top floor with roof rights in 2007 which is recorded in my deed and duly registered. The society was formed in 2009 but became a legal owner of the property only in 2021. It now claims, after 17 years, that the roof under the by laws is common property. Can they retroactively apply the by laws to a transaction that took place way before their legal ownership. Please guide providing legal support if any. Much obliged.

Advocate Love Kumar Soni answered
Hello, I have perused your query. In the circumstances where you have purchased the top floor along with the roof rights and the same is specifically mentioned in your sale deed, you have an option to move to a civil court of competent jurisdiction by virtue of instituting a civil suit for decleration, posession and injunction against the society.Such relief will get you a title over the roof and at the same time the society will be injuncted from carrying out any action in respect to the roof.For any further information feel free to reach out to me.RegardsAdv. Love Soni

Q: Neighbour leakage drainage water of bathroom in our area

What to do if no one is taking action against neighbour leakage drainage water.They getting support from MLA and Goa police

Advocate Love Kumar Soni answered
Hello I have perused your query.In such circumstances you can make a complaint to the police department of competent jurisdiction regarding public nuisance which essentially means complaint of offences against public health, safety, convenience, decency and morals.For any further information feel free to reach out to me.RegardsAdv. Love Soni

Q: Wrong alligans , domestic violence

My husband left job with silly reasons, basically with OCD patient and once we took divorce and reunion after 2 years of baby again we have 2 year baby after reunion.Improvement not seen in husband.he has luxury living life with no income.

Advocate Love Kumar Soni answered
Hello, I have perused your query. Your query appears to be incomplete. Kindly elaborate the issue for an appropriate advice. For any further information feel free to reach out to me. RegardsLove Soni

Q: Regularisation if done.. Can I still challenge it in Collector Court

Ownership properly Name of grandfather deceased on 1/14 . 4 children. One son has constructed illegal house b4 partition. Matter in court. He is trying to regularise house

Advocate Love Kumar Soni answered
Hello, I have perused your query. In such circumstances regularising a property before a court's decree in regard to the matter of Partition will be unlawful in nature and can call for civil action against the concerned person and authority regularising the same.For any further information feel free to reach out to me.Regards Adv. Love Soni

Q: I have a divorce case, now arguments will start next month.

I have placed the 2 audio recordings before the court as evidence under IEA 1872, the recordings contain voice of myself, my father, my wife, her mother and her brother. My wife has said to authenticate the recordings through FSL. I want to do Specimen Voice Sample also of my wife, her mother, her brother. If all the 3 deny to give voice samples. I can request the court to direct them to give voice samples. These 2 recordings are most important evidences of my case. Can it be ordered?

Advocate Love Kumar Soni answered
Hello, I have perused your query. In this situation- The Apex Court has observed that electronically recorded conversation is admissible in evidence, if the conversation is relevant to the matter in issue and the voice is identified and the accuracy of the recorded conversation is proved by eliminating the possibility of erasure, addition or manipulation. Further, Hon'ble Supreme Court observed that transcript of a tape-recorded conversation can be used by a witness to refresh his memory under Section 159 of the Evidence Act and their contents can be brought on record by direct oral evidence in the manner prescribed by Section 160 of the Evidence Act.For any further information feel free to reach out to me Regards