Advocate Priya Kumari

Questions Answered by Advocate Priya Kumari (25+ answers)

Q: Waris Of Late Father's Property

There is the name of my grandfather late Sukra Lohar in 1932 khatian.There is no death certificate of my grandfather.Only we have banshabali from gram panchayats.At present my father is living in howrah west bengal.The land of late Sukra Lohar is now under control by the family of his brother. How is my father able to prove the waris of the late Sukra Lohar?Please help.

Advocate Priya Kumari answered
Your father can establish his status as the legal heir of Late Sukra Lohar even if the death certificate is not presently available. The 1932 Khatian is an important document showing Sukra Lohar’s name and his connection with the land. Your father should collect documents establishing the genealogical chain between Sukra Lohar and your father, such as birth certificates, school records, voter records, Aadhaar records, ration card/family register, old revenue records, mutation records, and the Gram Panchayat-issued Banshawali/Genealogical Certificate. Statements of elderly family members or independent persons who know the family genealogy may also be useful as evidence.If the descendants of Sukra Lohar’s brother are disputing your father’s claim and are in possession of the land, your father may need to approach the competent revenue/civil court for declaration of title/heirship and recovery of possession, depending upon the facts. The absence of a death certificate alone does not automatically defeat his claim; the main issue will be proving the identity of Sukra Lohar, his death, the relationship between Sukra and your father, and the applicable succession law. The original 1932 Khatian and Banshawali should therefore be preserved and examined by a local property lawyer before taking further action.

Q: Discharge Cr.M.P IPC section 341,323,504,506

High court jharkhand how to quash Cr.m.p for discharge. Ipc 323,341,504,506

Advocate Priya Kumari answered
The appropriate remedy depends on the stage of the criminal proceedings and the nature of allegations. Before the Jharkhand High Court, a Criminal Miscellaneous Petition can be filed seeking quashing of the FIR/charge-sheet/cognizance order and the entire criminal proceedings by invoking the inherent jurisdiction of the High Court. For proceedings governed by the CrPC, Section 482 CrPC is generally invoked; for proceedings governed by the BNSS, Section 528 BNSS corresponds to the inherent powers of the High Court. The petition should specifically demonstrate that even if the allegations are accepted at their face value, the essential ingredients of Sections 323, 341, 504 and 506 IPC are not made out, or that continuation of the proceedings would amount to abuse of the process of law. However, disputed questions of fact are generally not decided in a quashing petition. If the matter is at the appropriate trial stage, a discharge application before the concerned Magistrate may also be the proper remedy. The FIR/complaint, charge-sheet, cognizance order and the present stage of the case should be examined before deciding the exact relief and grounds.

Q: Under age marriage and facing threats

I'm a 18 year old girl, and my husband's 19 , we're both Hindu and due to some circumstances we got married in a temple. His family is against our marriage and threatens us to kill us or get legal actions and get us apart. Please suggest what action should I take?

Advocate Priya Kumari answered
threats to kill you, your immediate safety should be the priority. Preserve all threatening messages, recordings and other evidence and approach the local police immediately for protection and appropriate legal action. If the threats are continuing, a written complaint should be submitted to the concerned police authorities. You should also consult a local family/criminal lawyer with the marriage documents and age proofs before taking further steps.

Q: Persistent encroachment in the driving path by a neighbour.

A neighbour in my apartment is deliberately encroaching my driving pathway. The builder has verbally told him to park his car and two wheelers in his own place many time but no use the request for ground marking by me was denied.Last year in October, 2025, I filled a complaint in the local police station, though the police intervened he changed position of cars only for some hours. I went to police station again, the OC did nothing . Now that neighbour threaten me that i have called police.

Advocate Priya Kumari answered
your neighbour's act of repeatedly blocking your driving pathway and threatening you may amount to criminal intimidation and nuisance. Preserve evidence by taking photographs/videos, noting dates, and obtaining statements from other residents if possible. Submit a written complaint to the Officer-in-Charge and send copies to the Superintendent of Police if no action is taken. If the obstruction continues, you may file a private complaint before the jurisdictional Magistrate under Section 223 BNSS seeking appropriate directions. If the apartment has a Residents' Welfare Association or builder's management, request written allocation of parking and enforcement of parking rules. If you have suffered continuous obstruction of your easement or access, appropriate civil remedies including injunction may also be considered. Please consult a local advocate with all documents for case-specific advic

Q: धारा 111(4) बीएनएस एनडीपीएस एक्ट (NDPS Act) की धारा 20(b)(i

धारा 111(4) बीएनएस एनडीपीएस एक्ट (NDPS Act) की धारा 20(b)(ii)(B) और 22:शक्तिपद उपाध्याय उर्फ निनि (57) पर किराना दुकान की आड़ में अवैध गांजा बेचने का आरोप है

Advocate Priya Kumari answered
यदि आपके विरुद्ध NDPS Act की धारा 20(b)(ii)(B) एवं 22 के तहत मामला दर्ज हुआ है, तो घबराने के बजाय सबसे पहले FIR, जब्ती सूची (Seizure List), FSL रिपोर्ट तथा केस डायरी की जांच कराएं। पुलिस द्वारा तलाशी, जब्ती एवं गिरफ्तारी की प्रक्रिया NDPS Act के प्रावधानों के अनुसार हुई है या नहीं, यह महत्वपूर्ण है। यदि प्रक्रिया में कोई कानूनी त्रुटि है या बरामदगी संदिग्ध है, तो उसका लाभ बचाव में लिया जा सकता है। मामले के तथ्यों के आधार पर नियमित जमानत या अन्य उचित कानूनी राहत के लिए सक्षम न्यायालय में आवेदन किया जा सकता है। प्रत्येक केस अपने तथ्यों पर निर्भर करता है, इसलिए सभी दस्तावेजों का परीक्षण कर उचित कानूनी रणनीति अपनाना आवश्यक है।