Advocate SK. Goresaheb

Questions Answered by Advocate SK. Goresaheb (25+ answers)

Q: No way for Remain ing land after selling 50cent

I sold my 50cent land kept 6 cents with me. The buyer had laid plots around my 6cent land and made no way to enter to 6cent land

Advocate SK. Goresaheb answered
If you are remaining 6 cents and have no access to a public road because of the surrounding plots, you may claim the right of way through the neighbouring property.Under the property law the owner is left without access to their land they can seek an easement of necessity over the adjoining land to reach a public road.You may first request buyer or neighbouring land on it to provide a reasonable pathway to your land. If they refuse you can file a civil suit before the competent court seeking declaration of elementary right and a permanent in junction for access.The court may grant a pathway if it is satisfied that your land has no other reasonable access. It is advisable to consult a local advocate and exam in the sale deed and layout documents before taking legal action.

Q: Regarding injunction order on neighbours in agricultural land.

Hello sir/madam, we have agricultural land of 2.5 acres which costs around 30 lakhs in a village near nizamabad district,Telangana state.my father expired 20 years back and we left to nizamabad town for study purpose. Our neighbour land farmers occupied and doing farming illegally.Recently we did a survey with mandal surveyor and surveyor gave a panchanama that land belongs to us . We want to get injunction order. We want to know the cost and process of injunction order please.

Advocate SK. Goresaheb answered
If the land belongs to your father and others have occupied it without your consent, it may amount to illegal encroachmentSince your father has expired the legal heirs must first establish their rights over the property through a legal hairs document and revenue records. The panchnama conducted by the MRO and the survey report can be useful evidence to show the encroachment.You may file a civil suit before the competent civil court seeking declaration of title, recovery of possession and permanent injunction against the persons who have occupied the land.Along with the suit you can also file an application for temporary injection requesting the Court to restrain the encroachment from continue cultivation or creating further changes on the land.It would be advisable to consult a local advocate and use the survey report and revenue records to pursue appropriate legal action.

Q: Need verification of document 3280/2024 of SRO Gandipet (1525) to Hoer

Planning to buy home, need validation of registered document 3280/2024 of SRO Gandipet (1525)Builder is ready to construct home in above said property by applying loan on my name, please require guidance and clarification whether to proceed or not.

Advocate SK. Goresaheb answered
Please reach out to an advocate for a legal document verification. This will provide the expert legal opinion required for your case.Note - This is Question and Answer forum. Any verification of document needed expert opion.Thanks!

Q: Validity of bond in a foreign sponsored project

Hi, I have been working in a CSIR lab. Visited a Scandinavian country under fully foreign sponsored project, for which I was made to sign a bond. I could not serve the institute for 3 years, now they are demanding bond money + interest. Since, it was foreign money, is it possible to challenge the legality of bond?

Advocate SK. Goresaheb answered
If you have signed a bond with the institute before going abroad under a funded project, the terms of that bond are generally binding. such bonds commonly taken to ensure that the employees serve the institution for a specific period after receiving training or benefits.The fact that the project was founded by a foreign agency does not by itself make the bond illegal. What matters is whether the bond was voluntarily signed and whether its conditions are reasonable.However if the bond amount or conditions are excessive or unfair, you may challenge the demand before the appropriate court or Tribunal. Courts sometimes examine whether the recovery amount is reasonable and proportionate.It would be advisable to review the terms Bond and consult to evaluate whether the demand can be legally challenged.

Q: partition suit filed in year 2030

in joint property 47 lakhs party a 35 lakhs , party b 12 lakhs , party a paid 2.5 lakh by rtgs to party b as registration advance in 2024,party b to party a 1.5 lakh by neft in 2023 can be recovered in partition suit in 2030, how judge calculates shares

Advocate SK. Goresaheb answered
In a joint property, the shares of the parties are generally determined based on the legal entitlement or mutual agreement.If party A has a share of 35 lakhs and party B has a share of 12 lakha the partition will normally be done according to those partitions.The amounts transfer between the parties such as 2.5 lakhs paid by A to pay party B and 1.5 lakhs paid by party B to party A may be treated as adjustments or advance payments, during the partition the parties or Court can account for these payments while settling the final share.Therefore at the time of partition the parties may adjust the previous transactions and calculate the final balance payable between based on their agreed shares and payments already made.It would be advisable for the parties to maintain proper records of all transactions, if needed record the transactions through written agreement to avoid future disputes.