Advocate Reshma Prasad

Questions Answered by Advocate Reshma Prasad

Q: Can someone claim your property? ,What to do if someone claims our land ?

Sir, My paternal uncle and aunty died in 2004 in road traffic accident.They had no child.. Their LIC along with all the payment was made to my grand mother by civil court purnia( the descion also stated that they didnt have a child)..My grandmother also died in 2008 and then we found out that my uncle had a land in the name of my aunt but since my aunt was a housewife and my uncle earning .My father applied for succession in patna civil court and got the succsesion ..He filed for mutation of land got that also..So he sold the land also to another person..Now when that other person went to construct his house..Some goons came and told him that they bought the land from my uncle's son(which never existed)..They are also having mutation along with resgistry paper..What should we do? How do we proceed further. and what are our chances to get the land back..? what is land grabbing act ?

Advocate Reshma Prasad answered
Sir, you have every chance to succeed. First lodge FIR or Criminal Complaint against the wrongdoers for committing forgery to create a false son of your uncle. Thereafter, institute a Title Suit for declaration of Title of the person to whom your father had sold the land and for declaration that the forged Sale Deed of wrongdoers is void ab initio and not binding upon and for the recovery of possession on the land.

Q: How can i stop my father from selling property ?

Sir, my father is a completely alcoholic man. he always use to say to my mother that I will sell that land. actually we have a land outside city which is in my father's name. how to stop land from being sold ?, can we do something that that land can't be sold without our family concern. Please help.. please

Advocate Reshma Prasad answered
Yes, you can file a Suit for injunction against your father restraining him from alienating the same. If your father is the absolute owner of the land, you will have to be very careful while filing the suit as dexterous drafting of the Plaint alone can save you.

Q: How to get permanent stay order on land ?

How to get permanent stay order on my Part Land, Our other family are capture my land & started illegal construction. Please Advice How to gen Permanent Stay Order on this land. Can i get online stay order on property?, who can take stay order on property ?

Advocate Reshma Prasad answered
Immediately Institute a Title Partition Suit for Partition of the property and for exclusive allotment of your share therein. In the said Title Partition Suit, you can seek injunction against your all co-sharers from alienating your share of property.Other way is that you can directly institute Title Suit for permanent injunction against your co-sharers from alienating your share in the property.

Q: What to do my brother might get a stay order on house

I have built house.on my fathers plot.but my brother telling that he will give stay order.and my father also give support to my brother. What should i do to remove stay order for house.

Advocate Reshma Prasad answered
You have not disclosed as to whether any suit is pending for the plot. If stay order is given by the Court, you will have to forthwith appear in the concerned suit and file your Written Statement and reply therein to get the stay order vacated.

Q: What to do a criminal activity in my street

Sir mera muhalle me sabhi log family wale hai but ek ghar yesa hai jo apna pura ghar rent par de di hai. Rent wale sabhi sirf ladke hi hai wo bhi 40-50. Wo log raat me bhi bike se ghumte rahte hai.din me kabhi enke ghar kabhi unke ghar me jhakte rahte hai bolne par kahte hai ki saare muhalle ko dekh lenge goli mar denge..abhi hal hi me ek murder bhi hua tha jisme un mese kuchh logo ka naam bhi aaya tha.ghar ki malkin se kahne par wo kuchh response hi nahi deti hai.Sir please help me.

Advocate Reshma Prasad answered
Report the matter to first Local Police Station, thereafter to the Dy. S.P. and thereafter to S.P. Even then no action, report the matter to DIG and thereafter DGP, . Even then no action. File a Writ in the Hon'ble High Court.