Advocate P. Swamy

Questions Answered by Advocate P. Swamy (25+ answers)

Q: No way for Remain ing land after selling 50cent

I sold my 50cent land kept 6 cents with me. The buyer had laid plots around my 6cent land and made no way to enter to 6cent land

Advocate P. Swamy answered
Sir/Madam,If you sold 50 cents of land and retained 6 cents with you, the buyer cannot block your access to your remaining land. Under property law, the owner of the surrounding land must provide a reasonable pathway (right of way / easement) to reach your land.If the buyer has plotted the land and completely blocked your access, you have the following legal remedies:You can demand a right of way (easement of necessity) to access your 6 cents land.You may issue a legal notice to the buyer requesting them to provide a pathway.If they refuse, you can file a civil suit for Easement Right and Mandatory Injunction in the competent civil court to direct them to provide access.

Q: Remarriage- audit office wants gaurdian certificate

I am govt.teacher remarried after 7 yrs , I was drawing pension of my husband, treasury office said if you remarry we will transfer the pension to your daughter, so i proceeded with regulations of audit office to get pension but audit officer said to submit gaurdian certificate . Will my daughter get my benefits and his father pension?

Advocate P. Swamy answered
Madam,As per the pension rules applicable to Government employees, when a widow who is receiving family pension of her deceased husband remarries, normally her right to receive that family pension stops from the date of remarriage.In such circumstances, the family pension can be transferred to the eligible child of the deceased employee, provided the child fulfills the eligibility conditions (usually minor child or unmarried daughter, etc.).Since you have remarried after 7 years, the Treasury is correct in transferring the family pension of your first husband to your daughter. For this purpose, the Audit/Treasury office generally asks for a Guardian Certificate so that the pension can be drawn legally on behalf of the minor child.

Q: Remarriage- audit office wants gaurdian certificate

I am govt.teacher remarried after 7 yrs , I was drawing pension of my husband, treasury office said if you remarry we will transfer the pension to your daughter, so i proceeded with regulations of audit office to get pension but audit officer said to submit gaurdian certificate . Will my daughter get my benefits and his father pension?

Advocate P. Swamy answered
Madam,As per the pension rules applicable to Government employees, when a widow who is receiving family pension of her deceased husband remarries, normally her right to receive that family pension stops from the date of remarriage.In such circumstances, the family pension can be transferred to the eligible child of the deceased employee, provided the child fulfills the eligibility conditions (usually minor child or unmarried daughter, etc.).Since you have remarried after 7 years, the Treasury is correct in transferring the family pension of your first husband to your daughter. For this purpose, the Audit/Treasury office generally asks for a Guardian Certificate so that the pension can be drawn legally on behalf of the minor child.