Advocate Sreenivas V Pai

Questions Answered by Advocate Sreenivas V Pai

Q: Want to know about easement rights to path on others land

Dear sir/madam I am a native of . Me and my family using a path way(through other person property) for reaching National Highway form my house. Distance between my home to NH is less than 75 mtrs. In between the ownership of the property which we using for path way changed and the new person is denying us from using his property. We are using this path way since last 20 yrs. I am also a defence service person. How could I get a permanent path way. What I have to do and where I have to approch for this ? what is the supreme court judgement on easement rights ?

Advocate Sreenivas V Pai answered
Sir/madam, you have to file a civil case for getting your easement rights. Do you have any other path way to enter into your property?. You have to prove your usage in others property for easement rights.

Q: How to undertake underground rock blasting for borewell ?

Sir My parents aged 70 and 65 respectively are alone in kottayam Kerala. When they tried to deepen their well by blasting rocks a neighbor who is a retired police officer came protesting. His house is almost 50 meters away from the site. Then they tried to do the same with some chemical used for cracking the rocks. That man didn't allow for that also. What should they do? what is the borewell rules in kerala ?, From where can they get permission.

Advocate Sreenivas V Pai answered
Hope they took permission from Panchayath/Municipal authoritites. If the protests or obstruction is again continuing, you may move to court for a mandatory injunction restraining him from causing obstruction.

Q: How to prove verbal/emotional abuse by husband and his family ?

if the husband does verbal abuse to wife and her parents how to prove it? what are the proofs court accept? what is the punishment for verbal abuse in india and based of what? as how to decide whether it is abuse as the level of tolerance varies from person to person. and what is the scenario if the wife is not living with the husband due to career (which was accepted by the husband and his family before marriage).

Advocate Sreenivas V Pai answered
U may file a petition for restitution of conjugal rights for wife living with husband.for abuse, you may file a criminal miscellaneous petiton at concerned Judicial magistrates court if police not registering a crime.

Q: Can i marry my second cousin in india ?

Sir I am a hindu from kerala. Can i legally marry my second cousin who is my mothers mother's sister's daughter's son. Kindly advice regarding this law What are the legal and genetic considerations of second cousin marriage in india ? Thankyou sir.

Advocate Sreenivas V Pai answered
Madam ,Yes u can marry him. No illegality in that marriage. You can either prefer marriage by religious custom, or by special marriage Act or u can chose a registration under kerala common marriage rules.

Q: Legal heir certificate vs family member certificate

My father died in 2015. Now me, my brother and mother decided to partition the property. Is it necessary to get legal heir to do this? what's the difference between family member certificate and legal heir certificate

Advocate Sreenivas V Pai answered
Legal Heirship Certificate is the actual document declaring who all are the legal heirs of the deceased., issued by the Tehsildar, after verification and enquiry report FMC is the certificate issued by the Village officer stating who are all the family members of the deceased.LH Certificate will be issued only after detailed enquiry and notice in gazette etc.. So it consumes time. Whereas FMC can be obtained immediately from VO on application.