Advocate Shantosh Kumar Behara

Questions Answered by Advocate Shantosh Kumar Behara

Q: Grand father passed away without mentioning my father in his last will

My grand father (gf) divided his property among my 2 uncles & my father (my father being the eldest son), circa 2007.Due to unforeseen circumstances, my father fell into debt and had to sell his part of property (with gf’s permission). Around 2008.Gf wanted to divide the property again in 3 parts for 3 sons. My father refused as it would be unfair to his other brothers but Gf was adamant. He mentioned he wants to make sure, his eldest son and only 3 grand sons ( me and my 2 brothers) should never leave his house even after his death and my uncles assured him that ofcourse they will always let my father and us stay at the house. We started paying rent to one of my uncle whose part of property we were living in. Gf passed away in 2012 without any new will.Last year, due to some dispute (unrelated to the property), my uncle threw my parents (my siblings and i live abroad for work) out.Can we lay claim to part of the property? Thank you.

Advocate Shantosh Kumar Behara answered
In case there in no written agreement/ documents or no where has mentioned anything regarding the division of properties. than your father has a right to get equal shares of properties left out by your grandfather.1. File mutation (Namjari) to update your father's name in Jamabandi.2. File a partition Suit.for details information visit my Chamber or you can contact me.

Q: Regarding land acquisition under NH act 1956

I have a 1 acre land in assam which is aquired by NHAI under NH act. But in some part of land another person is claiming the land ownership of that part and they had send application to authority to provide them share of total ammount but all the legal document are with me. so what to do?

Advocate Shantosh Kumar Behara answered
Don't worry if all the documents are in your favor or name than you have right to claim compensation under land acquisition Act.before too late its better to contact an Advocate and discuss the matter in detail for productive approach.

Q: Legal implication of arguing with female faculty

I hv argued with a female faculty and now has complaint as sexual harassment to the vc of the university. Also I hv recorded when I was arguing.Now to prove that I didn’t threaten her I hd to prove her wrong. So i played the recording now they are telling me its privacy violation. Can you please tell me does arguing here comes under sexual harassment? Also please tell me is it privacy violation when I recorded the conversation?

Advocate Shantosh Kumar Behara answered
1. Arguing with some female person dose not come under sexual Harassment. But If you use any mischief words or physically misbehaviour while arguing with her then you are violating the Law. because there are such laws available for protection of women's right.2. If you are recording some argument or conversation for your safety but not beyond the limits , then you not violating anyone's privacy law. the recording can be use as an evidence.