Advocate Mayank Kumar Kayal

Questions Answered by Advocate Mayank Kumar Kayal

Q: Is mutation of land necessary for land

My father had purchased a land of 3 katas out of 6 katas from my Uncle and done regisyration of the land. Now my father and uncle both are nomore and some other person taken the possession of my uncles land by giving some money to my aunty. Now the person is trying to sell the land and I fear that the person might include my land also for selling as my father had not done any mutation of the land. Please suggest me what I should do now by understsnding the above said situation.Thanking you.

Advocate Mayank Kumar Kayal answered
you have to acquire legal heir certificate and death certificate of your father and then partition. you can also file an injunction suit for stay order to stop him selling the property

Q: Ongoing Case regarding Probate of Will

What can be done legally so that injection to halt construction of a building in between of construction cannot be imposed ? Note there is no injection applied already.

Advocate Mayank Kumar Kayal answered
At best you can file for a caveat petition and request honourable court that if any person files for injunction to halt construction of a building in between of construction. you should be informed in prior or before hand

Q: Need to know if any deposit required for getting stay order for a land

is there any deposit required for getting a stay order for a plot which is been occupied by someone else.the case is in court and now if we want to put stay order so atht nothing can be moved in the land what is the proceeding?is there deposit amount to be given to cort?

Advocate Mayank Kumar Kayal answered
first of all, what type of case is filed in court regarding the said plot which has been occupied by someone else. If a civil suit is filed, a injunction suit must have already been filed along with the civil suit so that during the period the case is going on, nobody can sell or lease at any part of the plot of the land concerned,There is no deposit amount to be given to court.

Q: How to get non creamy layer certificate

I am highschool teacher in gov.aided school of maharashtra my last year salary is 7.40 lakh and I have land 45 r ( 45 gunte in marathi) can I get non creamy layer certificate for childs

Advocate Mayank Kumar Kayal answered
A person can get non creamy layer certificate if his annual income at present is Rs 5 lakh approxand he is also in possess an OBC certificate .A person cannot get certificate because of his age.If this two criteria are full filled then you can get the non-creamy certificate.

Q: How long does it take to get ex parte divorce

How long will it take to get an exparte divorce if the last summon for the spouse is in september 2017 and the spouse doesnot give consent till then..after how many days the other spouse who have filed the divorce will get the ex parte order decree?

Advocate Mayank Kumar Kayal answered
The other spouse who have filled the divorce should get the ex parte order decree around 6 months approx.If the last summon for the Spouse is in september 2017 then the other spouse will get the ex parte order before or on march 2018