Advocate Sadhananthan

Questions Answered by Advocate Sadhananthan

Q: Want to take action against neighbor on nuisance created by them

We have own house. attached to our stairs is our neighbor's house. that person used to take bath in open space without any single bit of cloth in front of his house inside compound wall. we are unable to go to terrace/our stairs. when we inquired why are you bathing nude he said " it is my house i can take bath however i wish. you don't have any rights" like that and uttered distressful comments against my father. his wife is also supporting him. i and my mother being women suffer due to this disgraceful act. anything possible to take action against him?

Advocate Sadhananthan answered
You can file a criminal complaint against that person to your local police station and if they refuse to act on that complaint, you can also file a private complaint directly to the magistrate of your jurisdiction. This act of his may attract 294, 504 and 509 of IPC

Q: What is the procedure of contested divorce

I am getting divorced by mutual consent but my husband is not willing to give me maintenance. He says if u want u can contest for divorce. After divorce what is my chance of winning if i file maintenance case as per sec 125 cprc

Advocate Sadhananthan answered
If you get divorced by mutual consent, you cannot claim maintenance under sec 125 crpc later. So if you want some financial security from your husband, then you must negotiate with your husband and can enter a compromise memo before getting divorce by mutual consent.

Q: How to get property registered when the last owner died

My father brought an property from a person in 1994 with proper stamp paper along with witness person in the village.. the agreed amount also settled to the person. But it not registed in revenue department. But the land tax ,water tax and electricity bill paid update this month from 1994. Since my father moved to new place .. He want to sell that property. For registration the first owner need to sign.. So he approched to there family. And the person who sold had died and he did not have any children..Her wife agreed to sign.. But during registration she is not signing..My father told if you want take this property and give the current market value and extra construction which I did.. For that also she is not ready to take . And not leaving to sell Please give me some input . How to proceed?

Advocate Sadhananthan answered
An unregistered sale deed doesn't convey proper title to your father and it is not legally a valid document to claim the property. We can only show our possession through the other documents you have mentioned but not the title to the property. And I cannot speculate other remedy without going through the contents of the unregistered document you have. So kindly produce the mentioned unregistered document for perusal.