Civil Matters

Illegal use of my boundary wall by my neighbor

There is an Illegal use of my boundary wall by my neighbor. My father built the 6 ft high 5″ thick 60 ft long boundary wall before construction of our 2 storied building within my premises in the year 1990-91 when there was a narrow drain and one 3″ thick small boundary wall of my neighbor was there. 

After completion of our wall the neighbor breaks down the wall and assumes my wall as his boundary wall also. He also demanded plastering of the wall on his side but my father denied it. No problem arises till 2017. But in 2018 the neighbor built a shed on the vacant area between his house and my boundary wall. He drilled a number of iron hooks in my wall for erection of angles without taking my permission. Is this work legal or not ? Can my neighbor use my own wall for any construction ? What will I do now ?

Limitation period for cancellation of probate

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I want to file a case for the cancellation of probate. The district court has granted the letter of administration in the course of probate proceedings. The executor of the will did not make me a party in the probate proceeding. Therefore, I could not have had information about the filing of such a proceeding in the district court. 

When a person files a civil suit for the permanent injunction thereupon, I get information about the probate. The aforesaid probate is false and frivolous. It has been taken by playing fraud on the part of the executor. Therefore, the judgement of granting the letter of administration is invalid. We are the owners of this property because our deceased uncle had granted us permission to make a residential flat on his property. The value of this property is very high because it is situated near the main city.

Therefore some builders and brokers are keeping their eye on this property. They have connived and made a clandestine deal with the executor in order to grab this valuable property. Can I file any civil suit for the cancellation of the probate?

Copyright issue in pre existing information available on internet

I have a Twitter account and always post several information from sports. There is also a website on which I post some articles, blogs and other informative materials. All the materials belong to the sports. I want to know whether copyright issues in pre existing information available on the internet may create any trouble?

All this information is available on the internet and anyone can access it without any permission. I have posted that information on the Twitter account, website and on the blog without taking permission from anyone. If any person files a case against me for the infringement of copyright then can I protect myself?

Sarpanch has encroached the public road : How do I approach public authority?

Our village Sarpanch age encroached the public road and blocked the access of the main road. He is a very influential person and able to manage the police authority. Thereby he has stopped us from accessing the main road. How do I approach the public authority against such an encroachment of the village Sarpanch? Is there any procedure to file a complaint or civil suit against the village Sarpanch? The villages are facing a lot of trouble due to the conduct of sarpanch. 

Can the government equate the two posts?

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I’m working as an inspector in the food department. My post is inferior to the post of inspector in the supply department. Can the state government equate the two posts because there is a discrepancy between the salary and status. After ten years of service the one post becomes gazetted and the other remains the non-gazetted. We are facing humiliation due to change of status after ten years of service. So we have decided to get the same status and salary from the government. We will compel the government to give the same status to our post. 

Our leaders will talk to the government on this issue and try to get equal status. I want to know if there is any legal hurdle to make both posts equivalent and do justice with the government employee. Please give some concrete materials to support our attempt to get equal status.

Can landlord take advance rent in Uttar Pradesh?

My  Landlord is not providing promised facilities after taking advance rent. Can landlord take advance rent in Uttar Pradesh? The house owner promised me 24×7 running water facility before I signed the rental agreement for 1 BHK house. Advance rupees forty thousand has been paid. Monthly Rent rupees eight thousand and rupees five hundred for water. I have requested him many times to please provide the basic amenities. But he refused and told me that you have to live in this condition only. 

This house is not inhabitable and there is water scarcity. I want to leave this house and see another flat for rent. Therefore, I request my landlord to return my advance amount because I want to change this flat. He wants to keep me there forcefully and take rent on the first date of each month. I am suffering huge mental agony and pressure from the landlord. Sir please guide me what I should do to get rid of these things.

Withholding salary by employer when I am on sick leave

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I want to know if withholding salary by employer when I am on sick leave is legal? Employer holding my salary without any prior notice when I am availing my sick leaves.  He is sending contradictory emails to me and forcing me to submit office inventory. Can I file a harassment case against him? After sending a reminder email for salary he has not credited the same. He is well aware about my sickness where I am paying a huge amount for my treatments.

Company is not issuing no objection certificate

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I was working for a Pvt mining company in Rajasthan as a mining engineer. Company is not issuing a no objection certificate (NOC). Instead, the company has issued only an experience certificate. I had submitted my resignation as I was unhappy with the company and their working methods. I had completed my 1 month notice period and they wanted me to submit my old belongings to the company and get no dues signed, which I did. 

After that the company handed only experience letter whereas they should have even given me NOC certificate which they haven’t because of which I’m not able to join any company as they require it and during this pandemic it’s taking a toll on me without the NOC I can’t work at any mining company I requested them to provide me one but they are not willing to issue one.

Execute foreign divorce decree in India

My husband and I live in the United States of America (USA). We are incompatible and cannot live together. Therefore, we have decided to break our marital relations. We have thus filed a mutual consent divorce case and recently the American court has passed a divorce decree. How to execute foreign divorce decree in India? Whether we will have to file a fresh divorce case in India? I have decided to live in India therefore, I want execution of American’s court in India.

Termination without notice

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I’m working in a private company under a work agreement. That contract does not allow the employer to fire the employee without expiration of notice period. My company has terminated. The termination is without notice. The company has fired me without notice and expiry of a thirty days notice period. What should I do when a company has breached the terms of a work contract? My total service period is sixty nine months. Does an employee have any right if he is fired in violation of the terms of agreement?