Advocate Varikuppala Shiva Kumar

Questions Answered by Advocate Varikuppala Shiva Kumar (25+ answers)

Q: "Comman Passage Issue by my neighbour".

My Father Got 79-sq.ft of part by gift deed and my fathers brother got the same at road side and beside one comman passage is beside it which is only the way to us for coming and going. This Happened In year 2009 we built roof in 2011 and we vacated from there to another rent home. Then In 2015, my fathers brother he renovated and sold his property by sale deed to beside neighbour without intimating us by mediator. After My Home was constructed in 2021 we got comman passage issue by neighbour.

Advocate Varikuppala Shiva Kumar answered
As per your narration, it appears that your property has no direct access to the public road except through the common passage, which now is being obstructed by the neighbor who purchased your uncle's property. Under Section 52 of the Indian Easements Act, 1882, you may claim an easement by necessity, as this passage is the only way for ingress and egress to your land. If you have been using the passage openly and continuously, you may also claim easement by prescription (Section 15) if the usage is uninterrupted for over 20 years. You can file a civil suit seeking a permanent injunction and declaration of easement rights. Additionally, if the sale of the adjacent property was done without proper demarcation of the passage, it may be challenged depending on the original layout and agreements.

Q: neighbor nuisance, harassments and threat to life

I have my complaint registered in local PS against erring neighbor who is politically motivated create nuisance one pretext over other, recently he build a speedbreaker in lane caused lot of inconvenience, especially rain water clogging and garbage. GHMC eradicated upon my complaint but on same night 10 pm the neighbor and his wife barged my house doors used foul language and threatened me for life. Police not issued any FIR, until today i m following but all in vain.

Advocate Varikuppala Shiva Kumar answered
Very sorry to hear about your situation. If the police have not registered an FIR, you can escalate the matter by approaching the Superintendent of Police (SP) in rural areas or the Deputy Commissioner of Police (DCP) in urban areas. The higher officer has the authority to direct the Station House Officer (SHO) to register the FIR and initiate investigation.If no action is taken even after that, you have the right to file a private complaint under Section 200 CrPC before the local Magistrate. The Magistrate can then order an inquiry or direct the police to investigate the matter.Also, if you are being threatened again, immediately dial 100 or use emergency services. This can bring prompt police response and provide immediate relief.

Q: 498A Quashing in HighCourt TIme Limit for Counter by Police Not Filed

HiMy wife filed false 498A case on my family members 4 years back (2021).My Sister and Brother in Law and parents apporached high court to quash it.the case status is contested Disposed.Police has not filed counter .Next date is not shownIs there a timelimit for police to file counterThanks

Advocate Varikuppala Shiva Kumar answered
If the case has been disposed of without granting any relief, you may file a review or recall petition before the High Court. If no relief is granted there as well, you can approach the Supreme Court by filing a Special Leave Petition (SLP). Generally, in the absence or non-response of the opposite party, the order is likely to be in your favour, so it is important to verify the case details thoroughly.

Q: NBW against NRI sister in 498A

HiI’m A1 in false 498A, in which my sister(A4) who is now a resident of the USA has a NBW pending, because she could not attend the local police station when the FIR was filed 4 years ago. Now, when I along with my parents (A2 and A3) attend the court, thr honourable judge says the trial cannot be started as long as my sister doesnt appear before the court. I desperately want the trial to start as I have good grounds for acquittal. What can I do without disturbing my sister’s family life?

Advocate Varikuppala Shiva Kumar answered
You can request the court to conduct a separate trial for your sister. If she is not actively involved in the alleged offence, you can also approach the High Court for quashing of the FIR and NBW against her under Section 482 of the Cr.P.C.

Q: I was recently reading about an article about people arrest related to

I was recently reading about an article about people arrest related to child por......(Cp). So to know more about that I searched it on google only about the cast but I typed that word that should be searched. And to know more I even searched it on youtube but it displayed nothing. Afterwards I realized that it was illegal to even type that word on the internet and the government will be able to track me and arrest me. Now I'm super scared. I didn't even watch any video nor shared it with anyone

Advocate Varikuppala Shiva Kumar answered
Dear Client,Please be informed that watching, possessing, or sharing child pornography in any form is a criminal offense under Section 15 of the POCSO Act.However, if you have not watched, shared, or possessed any child pornography, you are not liable for any punishment.