Advocate Nelson Joseph

Questions Answered by Advocate Nelson Joseph

Q: Road through our property - neighbour accessibility

I have an agricultural land. We allowed the neighbor to walk through the road built through this land for some years (9, no agreement), as he don't have a direct access to his land. Now we just build a gate to prevent the entry of other vehicles in our land. Now the neighbor making some issues for this. Please advice how this gate affect us legally ? Note : The gate and road are completely through our land. Still didn't block their walk through the road, only prevented the vehicles, No vehicular access to property Neighbors land was not a part of us before and they bought this from another neighbor.

Advocate Nelson Joseph answered
The neighbor cannot claim any right over the way. From the facts, the neighbour cannot claim any kind of easement rights and therefore he has no right to object to your construction of gate. However, if the prior owner of your property and the property of the neighbour are same, then he can claim a right of easement by necessity as there is no other way to his property.

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 Nelson Joseph answered
Once a property owner dies, only his legal heirs can partition the property. In your father's property, your mother, you and your siblings. a legal heirship certificate is compulsory to know who all are the actual legal heirs, or any of the legal heirs omitted from the partition etc. It is a certificate issued by Tahasildar after making nexeccary publications in the gazette. Family membership certificate is issued by Village Officer which does not have the legal sanctity as a legal heirship certificate has. However most of the Sub Registrars allow execution of partition deed by showing family membership certificate.

Q: Legal Heir Certificate required for bank loan

I have received two properties in a single plot from my mother (A) and her sister (B) through a settlement deed in 2019. They received the property through a partition deed in 2008 after the death of their sister (C) in 2006. C was divorced in 2000 and had no kids. Their parents had too passed away in 2002 and 2007 which made A & B the only legal heirs to C and thus the property owned by C was transferred to A & B in 2008.Since my prior deed was done 12 years back, no one remembers whether the legal heir certificate was obtained during that time or not. Now when I am trying to apply for a home loan, the bank is insisting on getting a legal heir certificate which I believe will take a lot of time.I would like to know whether there is any workaround for this problem. We do not have the divorce documents at our procession which were received 20 years back. So I believe applying for a legal heir certificate might not be possible.

Advocate Nelson Joseph answered
you can apply for an legal heir certificate and in the meantime get a relationship certificate from Village Office. most of the banks will accept relationship certificate if otherwise everything is okay.

Q: Seller breaches contract. intentionally cheat . money not return

I will explain full scenario in chronological orderwe did land sale agreement not registered only notorised. need to complete transaction and transfer the land in 6 months sep 31. agains advance amount of 3 Lakh through icici cheque payment.after two moths we asked them to bring original documets needed for the registration they refused to bring. and at the end of agreement validity. they stoped responding our calls.so i asked one advocate. the told me to sent a notice to come to registrar offiece on sep 30 and complete registration . but they not claimed notice. so after nov2 i got Caviet for the following land. in the caviet they didnt mention any thing about the payment and agrrement . after few days i got another notice. they are telling that we are money lenders and we lend money against interest. we took 2 blank document paper . and they are claiming that the original land document is with us. and they ready to give money in with in two months . i didnt give reply to that legal

Advocate Nelson Joseph answered
you can file case for Specific performance of the contract. that means for getting the registration of land through court. caveat is filed expecting your case and caveat need ot contain all details. its only for getting notice from court before passing any order against them

Q: Ancestral Property Claim & Transfer

My spouse is the only son. His mom passed away in 2016. There are 3 properties - 1 theatre, 1 bar & 1 houseTheatre is an ancestral property & is in his mom's name still. His dad is saying he can't transfer title because his nani (grand ma) is still alive & she has a running case of 1/5 profit share in business as per grandfather's will.Bar is in both parent's name, but built on an ancestral land.For home my husband gave 50 lacs cash but no proof of it.What can we do to get atleast some share in the property?

Advocate Nelson Joseph answered
He can claim his share rights in the mothers property in his name. Even if grandma has a share, his share would be there which he can claim for partition. Regarding other matters, more details and perusal of documents are necessary to give a proper opinion.