Advocate P Venu

Questions Answered by Advocate P Venu

Q: Enquiry about the Legal Hiership of a died person from Muslim communit

A person(male) has some property. He is from Muslim community. He has a wife and daughters(no sons). His parents already died. He has two brothers and two sisters. They all have sons and daughters. These two brothers died while this person alive. Two sisters are still alive. Now this person died. Then who all will be the legal hiers of the abovesaid person's property?

Advocate P Venu answered
You have not disclosed the number of daughters. To my knowledge, the wife gets 1/8th share, the daughters 2/3rd and remaining goes to the sisters. The children of the deceased brothers have no entitlement.

Q: Is Risk of Adverse Possession possible in below case

My grandfather had given 15 cent plot as gift deed in 1995 (inheritance to my father after grandfather's death) to my father, on which my father built house in 1989. In that house along with grandfather, my father's elder brother and sister (divorcee) were living since. My grandfather expired in Sept 2017. Since then my father became the legal heir of the property, he has done all the formalities to get house transferred to his name. He has started paying house tax since 2017. Land tax is being paid by him since 2005. He is the tandaper in tax receipt.Now in Sept 2022 my father's brother also died, due to financial urgency we want to sell the property, but my father's sister is not moving out and is mentally harassing my father along my my father's youngest brother. Below are my doubts:1) Based on her name in ration card of the house can she claim adverse possession of the property.2) She has daughter who is married & well settled, isn't she legally responsible to look after her.

Advocate P Venu answered
It would have been better had you posted the facts avoiding subjective opinions. May be the gift is conditional, but the title to the property stands vested with your father, once the deed is executed and registered.Facts posted do not suggest any grounds for your aunt to claim title based on adverse possession. Her name in the ration card is of no consequence.You may file a suit for eviction without any further delay.Though not mandatory, you may serve a legal notice before initiating the civil action

Q: Two teachers join same day same time than who will be scenear

One teacher aponted in retairment post and other in leave vacancy same day than who will get first post

Advocate P Venu answered
To my knowledge, seniority in service is based on the ranking in the merit list than the date of joining. Hence any suggestion depends upon the recruitement process, the details of which you have not disclosed.

Q: Legal procedure to seperate from parents as an adult?

I'm 20 female. Family is mentally and physically abusive because I am not agreeing to get married within 1 year. They are threatening to lock me down at home and then forcefully marry to some guy. I am a chartered accountant and planning to work in different city away from family. But father has political connections so he'll try to bring me back using emotional blackmail and physical harm. After 3 years I have come to conclusion that legally seperating from family forever is the best and safest option. So how do I legally seperate from both my parents? Please tell me the detailed procedure.

Advocate P Venu answered
As an adult, you can choose life of your own. That requires no legal procedure.In case of physical or psychological violence, there are specific provisions under the Indian Penal Code and other laws, which you can rely on as and when necessary.

Q: Misuse of Quarrying permits , liability on the part of the owner

If the owner of the land give a consent letter to a person permitting him to remove the ordinary earth soil to level the land ,whether the owner of the land will be liable for the act of that person if he does not fulfill the rules

Advocate P Venu answered
You have not posted the complete and material facts. The posting suggests deeper issues.It appears that quarrying has taken place without proper permit/authorisation. The owner is culpable unless it could be proved otherwise.