Advocate Sahil Kumar Nair

Questions Answered by Advocate Sahil Kumar Nair

Q: Construction in front my land by a person which is govt land

Our land is registered and no litigation issues are there.but as we not staying in that city so one person (belong to schedule caste)constructed a duplex house in front of our land entrance which made our land entry very very narrow and we may not able to get approval for our house construction as per Odisha govt rules.

Advocate Sahil Kumar Nair answered
The act of that person is illegal. You can file a civil case on easementary rights, as well as a suit for recovery of pecuniary damage to your property. According to law, every person who constructs a structure restricting access to the other persons property or diminishes its value is liable to be demolished or the owner of that structure is liable to pay compensation in terms of money. Therefore, you have the remedy to approach the civil court for proper compensation or demolition of that structure.

Q: Succession of ancestral property

Property was on father’s name. After father’s death we 5 brothers n sisters want to give it to a particular brother . We all did a relinquish deed but not able to get a pata on it . How to proceed further is sale deed mandatory?

Advocate Sahil Kumar Nair answered
Whether your deed of relinquishment was registered ? Law mandates that, patta can be obtained only after execution of a document which is registered. Registration of a deed of such nature is mandatory in law. Otherwise there is no impediment for getting patta. Your query is also incomplete. For further advice contact our team.

Q: Illigal Ganja Business In Our Area (Jajpur)

Respected sir.There is Major Issue By A Person who Involvement In Ganja Business & Many More Crime With Humiliation People Which Name is Khetramohan Mahalik At Badapal Po Baniapal Via Arei Dist-Jajpur & Regularly Humiliate To General People Of Our Village He Also Mention A Honda(Red Colour Hurnet Byk)

Advocate Sahil Kumar Nair answered
Do not worry. First of all approach the nearest police station and then file an FIR with the officer in charge of the police station. Once your FIR is registered the police will carry out the investigation and would arrest the culprit.

Q: What is the probate process and cost and associated fees?

The value of the property may be around 3 crores. It is situated in Bhubaneswar. This is for a Hindu family. There is a properly executed will. The executor is deceased. The will specifies the property distribution. What is the probate process? What would be the total cost of the probate and how long does it take for the process to be complete? Thank you.

Advocate Sahil Kumar Nair answered
According to your query it seems that you have a registered will. The process of obtaining probate is that, you will have to approach the civil court and file a suit for probate of will. Once the court finds that the will is genuine and authentic, the court will issue the probate. To obtain a probate it takes nearly 3-6 months. But it totally depends upon the facts and circumstances of a given case. Whether all the other cosharers are agreeing to the said will or they are objecting to it is also to be taken into consideration. For further query contact out team.

Q: Some one came night and threatened to kill and abuse

Some one came night and threatndd to kill and used abusive language

Advocate Sahil Kumar Nair answered
Go and file a FIR in the nearest police station where the offence occurred. FIR should be written in sucha manner that the offences should be made out. So I better suggest you to take help of a lawyer to draft your FIR or else offences would not be made out and the culprits will easily escape from the clutches of law. For further advice contact out team for any legal help.