Obstruction of public road for movement and services. I am settled in a retirement home which is not a gated community and all the roads come under Panchayat administration as they have been handed over to the Panchayat by the developer in 1999 itself. However the developer has installed a gate at the main entrance restricting the visitors and the services to us.
Is it not our Fundamental Right to move in freely and engage services of our own choice? Can a contract signed by us at the time of the purchase be evoked to suppress our free movement and in engaging services of our choice? Can these violations be considered as criminal acts infringing our rights? Please clarify to proceed further.
Asked from: Maharashtra
The builder has handed over this project to the panchayat. Now the panchayat is responsible for maintaining security and providing facilities to the residents. For the sake of providing facilities it cannot impose unreasonable or arbitrary restrictions on the movement of residents and ingress of visitors.
If the builder has installed this gate in violation of the sanctioned site plan then you should file a complaint before the administrative officer of the panchayat for its demolition. Common Cause (A Regd. Society) v. Union of India [AIR 2018 SC 1665] the Supreme Court has held that
Word 'life' in Art. 21 has to be construed as life with human dignity. Any physical interference with person is, prima facie, tortious. If it interferes with freedom of movement, it may constitute false imprisonment. If it involves physical touching, it may constitute battery. If it puts a person in fear of violence, it may amount to assault. For any of these wrongs, the victim may be able to obtain damages.
Imposing unreasonable and arbitrary restrictions on locomotion or movement is violation of fundamental rights of citizen enshrined in Article 21 of the Constitution of India.
In this situation you should move a writ petition before the High Court for the illegal activities of the panchayat. You should file a writ of mandamus under Article 226 of the Constitution of India and seek direction to the administrative officer of Panchayat to ensure free movement and dignified living of residents.
Any contract signed by residents which empowers the authority to impose unreasonable restrictions on the movement is void under Section 23 of the Contract Act.
You can also file an FIR against the concerned officer of Panchayat for the offence committed under Section 341/342/344 of the Indian Penal Code.
How to recover possession of my land? Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather sold about 7 acres and the rest of the agricultural land was illegally occupied and registered. I went to the person who occupied the land to ask for the rest of the land. Then he started threatening me and my family.
Later I approached the police and they told me to solve this issue in the court. Secondly, my grandfather sold the 7 acres of property without telling the kids (who were majors at the time of registration. Can I file a partition suit? Any answers will be helpful and thanks in advance.
You cannot reclaim that property because it is barred by limitation. Statutory period of limitation for possession of immovable property is twenty years. Buyer has taken possession over the land and you never opposed his right in these years.
Hence, the buyer has been in adverse possession over that property. Therefore, he has acquired legal ownership according to the principle of adverse possession. The limitation period for recovering the possession is twenty years from the date of dispossession. Hence, you have no right to claim ownership on that property.
My wife left me last year (now its around 14 months). Wife is demanding compensation despite committed cruelty and desertion. Its been 20 months since marriage and we have no child. She had done suicide attempts, at my home (We lived with my parents{60 yrs old} and my younger brother). Also she threatened that she would die over phone calls, whatsapp messages and whatsapp video call (video call was recorded over screen recorder in phone).
She has demanded for a separate house for which I was denied becz of covid. 5 months back she asked for divorce over email saying she was treated with cruelty and all, but I responded that all was a lie and gave consent to her divorce request. But her lawyer demanded 8 lakhs compensation and then reduced it to 5lacs.
But I didn't accept it as initially they only asked for divorce saying they don't need my money. Now her lawyer told me to file the divorce for which I didn't respond, becz it's she who asked for divorce and for the draft petition they sent I had already responded to the necessary corrections. At the time of marriage I was earning 1lac/month, but due to covid and the torture of my wife with her frequent threats and blackmails, I had to lose my job.
I am currently doing MBA, and my next salary won't be that much, it may be around 20-30k/month after 17-19months. when can I contest - divorce for desertion and mental cruelty. 2 yrs of desertion as far as I know, but can i apply with mental cruelty now and add desertion after completing 2yrs or should i apply after 2yrs).
What would be the compensation I have to pay if I contest - divorce for desertion and metal cruelty. Is it necessary to respond to her family's calls now? as already they said they want divorce? Can inlaws come around my house for reconciliation even after saying they want divorce? they may simply come to make proofs? how to face it? can I take police help when the come around my house?
They already have around 10lac worth of gold that she got during marriage. The gold was bought with my money(credit/debit cards) still does it account to streedhan? Is there any way I can get back my gold? Mutual consent wouldn't work as they are demanding lot of money. What could be done to end this soon?
You can contest when your wife will file the divorce petition. However, you can also file a divorce case on any of the grounds mentioned in Section 13 of the Hindu Marriage Act. Desertion and cruelty are valid grounds for divorce.
You can file divorce on the ground of mental and matrimonial cruelty when the period of desertion will complete for more than two years then you‘ll have an additional ground for divorce.
Compensation is not mandatory in divorce cases. If the wife is the guilty party then she cannot claim compensation. Your wife has deserted you without a valid reason. She has also committed cruelty. Hence, she is not entitled for compensation.
Whether my father can transfer all properties to his second wife. Father’s second wife is cheating my father and extorting money from him. My mother died in 2020 then my father solemnised a second marriage in 2021. Whether my father can transfer all properties to his second wife? That land is very dominating behaviour and entirely taken my father in her control.
Now my father is going to register all properties in her name. She has been receiving pension and is the owner of a huge bungalow in posh area of New Delhi. Her previous husband was a government doctor and she was working in his clinic as a maid.
Gradually she established sexual relationship with that doctor and finally compelled him to marry. Then she established sexual relationship with the son of that doctor (husband). That son was minor at that time. When this matter was disclosed then the doctor had divorce and given to her a huge amount at the time of divorce.
He also transferred to her a bungalow situated in the posh area of New Delhi. After the divorce she married to an IPS officer and after his death she is receiving his pension. Now she is married to my father. My father is holding a higher post in the Indian Revenue Service.
Recently they have gone on a holiday trip to the USA. i am not living with my father after his second marriage. I want to know whether my father can transfer all properties to his second wife.
Your father can transfer his self acquired property to his second wife. Though he is the absolute owner of his self acquired property then he has unfettered right to alienate or transfer that property to anyone.
You cannot stop your father from transferring his self acquired property to his second wife. So far as ancestral property is concerned you are the joining owner.
Hence, your father can transfer ancestral property to his second wife to the extent of his share only. He has to partition the ancestral property then he can transfer his share to any person.
You are the absolute owner of your mother’s stridhan. Her property, movable or immovable, shall devolve upon you only. Your father has no right therein.
If your father is transferring ancestral property or stridhan of your mother then you should immediately file a civil suit for the mandatory injunction. You can file that civil suit if you are afraid that your father can transfer those properties.
Except the above mentioned rights you cannot enforce any other right against the property of your father.
Father has given entire compensation received on our elder brother death to stepmother. My Mother died in 1996, My elder brother in an accident passed away 1998. My Father got compensation of 10 lks on my brother's death. After that My father remarried. Now the whole property, part of which was bought with my Brother's compensation, is fully given to My stepmother. Can I and my sister have any claim?
The compensation amount received was the exclusive property of your father, as he received it in his personal capacity as the legal heir of his deceased son. This amount is not a bounty but a rightful compensation for the loss of love, affection, and support of his young son. As your father is alive, he has the exclusive right to that amount, and you, as his living child, do not have any legal claim to it.
Even though you too have suffered the loss of the same love and affection, your father is the absolute owner of that money. The compensation is not a joint Hindu property, as it was received by your father in his personal capacity.
Therefore, you are not entitled to claim a share in the compensation amount. Your father has the absolute right to transfer it to his second wife by way of gift, and she becomes the owner of the entire compensation.
My boyfriend uses very bad words while talking to me: can I take any legal action. I have been in a relationship with my boyfriend for the past 3 years. He always doubts me and blackmails me about calling my relatives, friends and office members and always uses very bad words while talking to me. Can I file a complaint against him?
You can take legal action against him for the bad words he uses regarding you. If the words are obscene you can file a complaint under Section 509/354 of the Indian Penal Code. Section 509 IPC makes punishable an act intending to insult the modesty of a woman.
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Section 509 IPC
You should approach the court of judicial magistrate for filing a complaint. State all the incidents in a nutshell. If you have evidence to prove his guilt you must adduce it along with the complaint. Don't lodge false complaint for outrage of modesty. You must adduce some evidence in support of allegation.
Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months and I could get ULC clearance for 385 SQ.Yards and now wanted to cancel the sale agreement. Will I be able to cancel without acceptance from the buyer? What legal complications I might have to face. Pls suggest.
You can cancel this agreement without the consent of the buyer but you have to refund the advance you received from him. The sale agreement was for the sale of 497 sq yard site. But you cannot sell that area because you have no requisite permission from the ULC.
Hence, the agreement has been frustrated due to impossibility. When the contract becomes impossible to perform it becomes void. Party cannot enforce a void agreement. Hence, any party can cancel such a void agreement but he must refund the profit. Cancellation of sale agreement without consent of party is possible in your case.
Wife filed false case of rape on my brother. Date (July -21) - After one month, she filed section 125 and demanded 25 lakh (They spent on marriage around 2 to 2.5 Lacs Maximum) Date (Aug -21) - Then I filed a case under section 9 of the Hindu Marriage Act. Wife filed false case of rape on my brother.
Then she filed again file 498A on my complete family. The section 376 on my brother (which was expected in last cases. He is doing a job out of town far from our residence and never met her for the last 1 year)
Please note that she left our residence on May-21 and stayed with her mother at home till date. My whole family is being harassed by putting fake cases against my family like sec 376. We are being harassed continuously.
Kindly advise because our lawyer is misguiding us continuously and already he has taken a lot of money to settle our cases. We are almost bankrupted. My company has issued me a warning letter regarding my daily leaves. Please suggest what I should do?
Asked from: Karnataka
You should file a writ petition in the High Court under article 226 of the constitution of India for quashing of the FIR. The FIR is false because the accused was not present at the place of incident when the offence occurred.
Absence of accused at the place of incident (plea of alibi) is solid evidence under section 11 of the Indian Evidence Act. The evidence i.e. plea of alibi is relevant evidence and the court can easily quash this FIR.
She is your legally wedded wife hence it is your responsibility to maintain her. You cannot absolve yourself from this duty if your wife is living in destitution.
In some conditions the wife cannot claim maintenance. Sub-section 4 of section 125 crpc denotes those conditions:
No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
If she comes under any of these conditions then you should file an objection. The court shall decide your objection application before granting alimony. If the court allows your application it shall dismiss this case.
Also read: Testimony of sexual harassment or rape cannot be prima facie treated suspicious
Child Custody to a third party. My partner wishes that I could take legal custody over her. She is happy with her family but wants to leave. I live in the UK, and she lives in India. What (if any) are our options? Can the court allow child custody to a third party?
Court will not allow child custody to a third party who is a stranger. The court can allow the child custody to a person other than parents if he is related to the child with blood or affinity.
Parents are the natural guardian of child. But mother gets priority over the father if the child's age is below five years. In absence of parents the grandparents can take custody of child.
A person who is a complete stranger to the child cannot get his custody. It would be harmful for the welfare of that child. The court is the supreme custodian in respect of minor children. Hence, it is the paramount duty of the court to consider the welfare of the child while granting his custody.
Currently the child is happy with her family. So the court will not permit her custody because there is no reason to disturb the cosy ambience. You have to prove the reasons for leaving the present custody. The chances are very bleak to get custody of that child.
Landlord does not provide a rent receipt. After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him?
You should send to him a legal notice on his residential or postal address for providing rent receipt. If he does not reply to your notice or refuses to give the rent receipt then you can file a complaint against him.
When you file a complaint you admit the title of landlord and your capacity as a tenant. Therefore, in future no dispute will arise regarding status of both parties.
You can file a complaint in the court of the rent controller and deposit your rent in his court. The rent controller will serve a notice on the landlord and invite his reply. If the landlord appears the rent controller shall direct him to furnish rent receipt to the tenant i.e complainant.
You can deposit the rent in the court if the landlord does not appear in the pursuance of notice. whenever, the landlord appears the court will transfer the entire amount of rent in his bank account.
