Advocate Manoj Kumar

Questions Answered by Advocate Manoj Kumar

Q: How do I file complaint against govt for constructing road in my land

The government has given contract to a private construction company to construct road in an area where my agricultural land is located. While constructing roads they have acquired part of my land as well and building the side walls of the road. How can I complain against this and what should I seek in return

Advocate Manoj Kumar answered
you can send legal notice first to the contractor, revenue authority,and PWD of the state. once the notice period is over you can file a suit in the court of jurisdiction. Usually they will call you for talks and settle the matter with compensation and any other remedy

Q: property dispute regarding co ownership of land without will.

so the current property we reside in, as per legal documentation is owned by my father and grandmother as co owners. my grandmother passed away without leaving a will, and she has 4 children including my father. What is the procedure for the sale of such land, as there is no specification as to how much each of the co owners own and my dad's sister isn't letting the sale to proceed. Is there a way to go ahead with the sale without her consent.

Advocate Manoj Kumar answered
without her consent is difficult as she has already objected. best way would be to get the legal heir certificate of your gm and get the share ascertained. then you can sell your share. more about it wants to know more details

Q: I am from bangalore, we are 5 childrens, father has a property and is no more, 2 sisters are in abro

I am from bangalore, we are 5 childrens, father has a property and is no more, 2 sisters are in abroad and citizens there, now we want to change the Khatha to mother's name and sell the property for which we require family tree, affidavit from all the children, as 2 of them are in foreign country, please let us know the process procedure to execute the transaction and documents required from them. Thanks in advance. We are Hindus

Advocate Manoj Kumar answered
affidavit from 2 sisters from abroad notarised and attested by the Indian embassy there is a must. Rest usual procedure. If you need further assistance please visit our office and meet personally. As only then we can verify the documents and advice you fully

Q: apartment association maintenance litigation

apartment association has raised invoice for quarterly maintenance including the unsold flats and i have been asked to make the advance payment for a quarter. and any due in the advance payment of the quarter (3 months) is being considered as defaulter and they are adding 100rs per day penalty.problem is i cannot afford quarterly payment & i am willing to pay the maintenance monthly without the burden of unsold flats on me .I would like to know the following 1. is it legal to raise invoice with the unsold flats ?2. is it okay to pay monthly ?3. as i am paying monthly (without unsold flats share) can penalty be imposed on the asked advance payment ?4.Do we need noc from association to sell my flat in bangalore ? is it mandatory ?how do i go legally on this ?

Advocate Manoj Kumar answered
you have a very good case. No one can force you to pay as they want. unsold flats can't be your fault. you don't require others permission to sell your flat. We need to look at the agreement and the bylaws of association to advice you better.

Q: Daughter in law does have rights to live in mother in laws house

Can a daughter in law live forcefully in the house of mother in law which is self acquired property of father in law and later gifted to mother in law?The husband sold vacant site to father in law 14 years back,later father in law constructed house by his earned money.Husband (son)not living with daughter in law.

Advocate Manoj Kumar answered
since it is mentioned that it is self acquired property of father in law and the son is not living with daughter in law forcefully living is not advised. But as the husband is legally bound to provide for the wife and if the husband (son) is living with his parents there is a case. Further advice can be given only when we know details clearly