Advocate Veeresh Shivalingappa Sajjan

Questions Answered by Advocate Veeresh Shivalingappa Sajjan (25+ answers)

Q: Garage repurposed,both Cars scooter parked on road by neighbour

My house is at dead end of 20Ft wide street,150Mtrs to main road.A 6floor apartment is under construction on 4800SFT plot.Police work moved Blocks,steel,sand unloaded on road to a side.Garage of opposite new house was converted,both his cars,1 scooter are now parked on road.This prevents Cab,Auto U-turn,refusal to come to my gate.We have no Cars,use Cabs.Apartment cars will also park on road.Will a PIL help strike down DULT parking rental rule,per Article 14?How to open his garage?

Advocate Veeresh Shivalingappa Sajjan answered
You can file a tort case or nuisance case under BNS. My suggestion would be to use tort as a method of litigating this which is experimentally effective. It can also help you get damages. So, use tort and get an injunction to open the gate.

Q: transfer of property in bangalore

My father died intestate leaving behind a house in bangalore, built by him on land purchas. We are three brothers and a sister. he house's khata was transferred in my mother's name and she executed a will that it will be divided equally between the sons and the daughter. She is no more now. Now I want to sell my share to one of my brothers. For this are my son's required to sign as witnesses for the transfer deed? As per my understanding, their right in the property starts only after my demise.

Advocate Veeresh Shivalingappa Sajjan answered
Yes, your children have to sign as witnesses to this property transfer. Because the property which is inherited will have the nature in which upto 4 generations will have a right. So, it is legally valid to have them signed on transfer of your share to your brother.

Q: Can i sell my property after sending Divorce Notice

Dear All,Currently i have served divorce notice to my spouse but i am also undergoing bit of financial problems. In this phase of the time can i sell my apartment flat which is registered under my name? Will there be any legal consequences if i sell my flat without informing her. Will this become problem during proceedings? Also she has not done any financial contribution / towards EMI payment. Kindly share your guidance

Advocate Veeresh Shivalingappa Sajjan answered
You can sell your property. if the property is in your name then you are the absolute title holder. Wife will not have anything to say on that. But do it without any information to the other side. Tread ahead with caution.

Q: Tree entering my property and causing issues

My neighbour has 3 threes in the side along the compound wall. Mango tree and sapota tree have entered my property and touching the walls of my house, causing leaves to dirty my area, and the bark also is leaning and damaging my compound wall. Neighbour isn't agreeing to trim the trees so that they stay in his house area. Please advise.

Advocate Veeresh Shivalingappa Sajjan answered
A tort case and nuisance complaint can be initiated against the act. And this can be fought in court and one can use it for damages by providing necessary Evidence to the effect of the same. It is a trite law that nobody can cause a nuisance against anyone.

Q: rights over maternal grand father's ancestral property

My mother has passed away in 2010 . When my mother was minor (2 yr old) , her father died. Later my mother's grand father partitioned his ancestral property among his 5 sons. My mother's mother has received 6 acre land on behalf of her deceased husband. later She sold the property when my mother attained major without her conscent and purchased new agri land. Now my maternal grand mother stating newly purchased land as her self acquired property and my mother has no rights in that.

Advocate Veeresh Shivalingappa Sajjan answered
This can be contested in the court of law. if the property was partitioned before the birth of the mother or not is a question to ponder. In Hindu law the child on birth attains the right in the property of the ancestors.