Advocate Prerna Jain

Questions Answered by Advocate Prerna Jain

Q: Can two plots have same survey number, ownership lies with whom ?

I am hindu. My father bought a plot 4 years back and register it in my name. We planned to construct a building in it, but one person is now claiming that this land belongs to him. Actually that land was agricultural land and some years back the owner make plots in it and sold to different peoples. So this land has no any plot number till now. And our plot is near to main road and can be easily accessible and the land of that person who is creating issues has his land nearby in inaccessible point. Both lands have same survey number, so that person is now creating some issues and told us that this is my land and yours is in that corner. What to do sir? please guide me.

Advocate Prerna Jain answered
Dear sir, firstly go through your registered sale Agreement and see the location of your plot on the property. there must be north south east west directions written in schedule attach to your agreement and also see the layout enclosed with the agreement.Once your area is confirmed and you have the valid documents then you may file a complain against the encroachers at nearby Police station and subsiquent authority of local jurisdiction , also file a suit for declaration of title on your area along with constructing boundary wall.

Q: Grampanchayat noc for poultry farm

As per Maharashtra poultry act 2009 500 mtrs distance needed form last house of my village and I have 900 mtrs distance but gram sarpanch refused to give me NOC So plz guide me what can I do to get gram panchayat noc for poultry farm ? 7841977135

Advocate Prerna Jain answered
Application for License:The applicant for a license for a Poultry Farm shall submit to the licensing authority an applicationform enclosing the following documents:(a) Engineering drawings, on a scale of 1:100, of the plan of the House, yards and AuxiliaryStructures, in accordance with the sample drawings appearing in the SIG, and specificationssetting forth:(1) The width, length, height, area and designation of each of the structures of the PoultryFarm.(2) For Houses equipped with forced ventilation, the installations and their capacities shallbe indicated.(3) Marking of the entire plumbing system.(b) Any person desiring to establish a New Poultry Farm or to erect a New House on anExisting Poultry Farm, shall also enclose with his or her application a drawing, on a scale of1:500, showing all the structures up to a distance of 500 meters from the Poultry Farm or thehouse in respect of which the license is sought.(c) Any person desiring to establish a Primary Breeding Farm, Multiplier Farm, CommercialBreeding Farm or Growing Farm for pullets, shall present to the licensing authority a licenseissued to him or her under the Control of Commodities and Services Law (Establishmentand Operation of Farms for the Primary Breeding, Multiplication and CommercialBreeding of Poultry and the Growing of Poultry), 1981.Dear Sir500 mtrs distance is the minimum distance required if you have received license for poultry farming than you may always approach collector for approaval instead of gram panchayat

Q: shop registered at name of father and his brother how to get portion

Dear sir, My father are 4 brothers(hindu), they have a shop registered at name of all 4 of them(equally).my fathers family want to move to some other city, but my uncles are not releasing the money of his part. So can we go legally and ask for the one fourth portion in shop so we can sell/rent it out.

Advocate Prerna Jain answered
yes you can file a partition suit to get your undivided share in shop and recover either in terms of money or rented portionyou can also ask for stay on the property until the decision of division comes so that no one uses this property even a court receiver can be appointed

Q: I have a query pertaining to the sale of ancestral property

We are Roman Catholics. I live in a house which has 2 levels. Ground floor and first floor with terrace. The house is in my grandfather's name. The ground floor is occupied (which is locked) by my aunt (father's brothers wife) her husband n son have passed away. She wants to sell of the ground floor. Can she sell her share without the consent of my father or without changing the name on the property which is still on my grandfather's name? Can she also rent it out without my father's consent?

Advocate Prerna Jain answered
She can rent the portion which is in her possession as she do not have earning member left in her familyhowever she cannot sell without the written consent of your father as he also holds the undivided share in the ancestral property

Q: Tenent made fake Aadhar using my address how to proceed now

Hello, My previous tenants made Aadhaar cards using my address as their permanent address. They have left and disconnect their mobile number also. What step should I take to be safe against anything wrong they do with their new Aadhaar card?

Advocate Prerna Jain answered
you may write an application to UID department stating this situation for record and keep the receipt of post as acknowledgment.so that if in future any of such incident happens you may show the receipt as you have done your work as citizen by bringing the rightful information to the knowledge of department.