Advocate Thomas Adhikaram

Questions Answered by Advocate Thomas Adhikaram

Q: Right of way to a land locked property

Having a landlocked property near to trivandrum. We were using a 3 feet walk way for more than fifteen years, But the same is mentioned in any documents. Some another way is mentioned in very old common land records, now the same got partitioned several time and nothing got mentioned about walk way in the recent property documents. Now one of the neighboring land owner closed the way... Is there any way to get opened the walkway, which we were using for so many years?

Advocate Thomas Adhikaram answered
Yes.You have to file a civil suit before Munsiffs Court for injunction restraining the neighbour from causing any obstruction or from altering tge nature and lie of tge pathway.Contact me before approaching any civil lawyer

Q: My husband need divorce and I don't as I am pregnant

Because of some family issues my husband want divorce. But I want my husband back because I am pregnant too.I don't know what will they do to divorce me.how can stop it.we are Muslim by religion.

Advocate Thomas Adhikaram answered
A musalman can make a divorce by Talaq as provided in the Mohammedan Law.There are some pre-requisites for it.One cannot stop divorce. But it can be challenged through court of law.Your pregnancy is not a ground for.challenging divorce

Q: father died without Will, only son, no sister, mother died earlier

Father passed away, now the only son ( no Sister, mother died earlier) want to make the property in his name, want to know legal procedures. religion is christian. No will was made..

Advocate Thomas Adhikaram answered
Son the only legal heir in this case. So the son inherited the entire assets of the deceased. He can apply for mutation of the immovable properties before the concerned office (Village Office) with death certificate

Q: How to claim easement rights for collective welfare

Dear Sir/Madam, We are thinking of extending the width of our local walk way path to a width from .5m to 2m.There are 4 landlords along the path, some are willing to give land for extension but one among them disagrees to give his land.There are chances that he might go for taking stay order from district court.If he does like that, is there any alternative way to overcome the stay order and continue our extension as it's for the welfare of the common people.

Advocate Thomas Adhikaram answered
No one has any right to trespass into another's property and to do anything in it. If the owner of the property has any objection, no one has any right to widen the existing pathway. So no chance to vacate any order of stay if he approaches the court. Only remedy is to acquire the portion of the property for widening the pathway by local body (panchayath/municipality)