Advocate Manoj George

Questions Answered by Advocate Manoj George (100+ answers)

Q: Procedure to file writ petition against illegal construction by neighbour

My neighbour in front of my plot has done illegal construction in his plot with a view to reduce the value of my property And cunningly acquire that land for a very low price. I am unable to sell my property because of the blocks created by him. Can I file a writ complaint against neighbour for illegal construction? Please advise what I should do

Advocate Manoj George answered
Hai.a writ can be filed before honble high court. But since its a completed one the risks are high. Any how it needs a local inspection n i think its time to meet your lawyer. Get a lawyer particularly civil lawyer f ur jurisdiction. Also the illegal construction defenition is to be put into physical clarification regarding how it went illegal n to wat extent.hope am upto ur query

Q: Want to know about easement rights to path on others land

Dear sir/madam I am a native of . Me and my family using a path way(through other person property) for reaching National Highway form my house. Distance between my home to NH is less than 75 mtrs. In between the ownership of the property which we using for path way changed and the new person is denying us from using his property. We are using this path way since last 20 yrs. I am also a defence service person. How could I get a permanent path way. What I have to do and where I have to approch for this ? what is the supreme court judgement on easement rights ?

Advocate Manoj George answered

Hi, your claim to the pathway is through easement by prescription. To establish any other rights, your title deed needs to be examined carefully, and a physical inspection of the plot is necessary.

From your query, it appears you have an easement right by way of prescription—that is, a claim based on 20 years of use, supported by documents covering 40 years. To legally establish this, filing a declaratory suit along with a prohibitory injunction suit would resolve the matter.

Nowadays, many prefer to directly file for injunction without waiting for a declaration, but this depends on inspection of the plot. Ultimately, you will need to approach the concerned civil court for your relief.

If the other party is willing to settle, you can consider a Permanent Lok Adalat (PLA) for a cost-effective resolution.

Hope this addresses your query.

Q: How to change address in birth certificate ?

Hi! My son is 4 months old and his birth certificate has the permanent address mentioned same as temporary address. Certificate is isused by bangalore mahanagara palike. Our permanent address is kerala address. To change the address on the BC is a long and tedious process. bBmp says the BC has the correct date of birth name and place of birth so it will not be a pblm. Will my son face issues in getting his passport ot any other future pblms ,what is the procedure for birth certificate address change ? Pls advise

Advocate Manoj George answered
HaiThe address can be changed. But it should be done at the earliest. Its earlier the better n easier. N i think there is a statutory bar if its unchanged after 3 years after enrolment. I will revert u after verifying. Do consult the secretary of birth n death in ur local LSG at the earliestHope am upto ur query

Q: How to get rid of online loan harassment in India?

I have taken money from a person 1 yr back on an interest rate of 3%. However due to some reason, I was unable to pay it. Now I have asked for a last 3 months period which I agreed under his pressure. He is asking to put an agreement with this 3 months period. I have got a call from Police SI as well asking to do so. I need 1 yrs time to pay the amount and interest back to the person. Moreover the person is giving me tremendous mental torture as well. Kindly advise as on what can be done.

Advocate Manoj George answered
Hai.eventhough all money related matters are criminal in nature the real remedu comes in a civil suit. The cause can be truly challenged in a civil suit by way of injunction n stay. U may even get more than a year time to give him tat money. Legally saying one can redeem money only if there is a written agreement or some sort f instrument to claim over the same. So u may bot have to worry if there is an injunction against him to redeem money only through process f law. U may even escape from the liablity totally...contact a civil lawyerHope am upto ur query

Q: Legal heir certificate vs family member certificate

My father died in 2015. Now me, my brother and mother decided to partition the property. Is it necessary to get legal heir to do this? what's the difference between family member certificate and legal heir certificate

Advocate Manoj George answered
Hai.Infact there is no need to show a legal heirship certificate to dectate or register a partition deed as u mentioned in query. How ever the practise that registrars used to enquire regarding the whereabouts is a good thing. The duty f the registrar is confined to his powers as mentioned in registration act n rules. His only duty is to verify n certain that the person standing infront f him is genuine or not by clarifying the same with some ID. N he certifies only whether that particular person is present before him at that particular day n time. Tats all. The difference between a legal heir n family memebership is tat the legal heirship defines who all inherits the deceasedz estate or who all only succeeds with his intersts. Family memebrship also even identical cant be relied upon due to its lack f enquiry before issuance.hope am upto ur query