Map showing wrong dimension and area of my land. I have a property with an area of 4380 hectares. However, I am facing an issue as the map is showing less area than it should, and the patwari is allocating less space. If we are constructing, he is suggesting doing so based on the revenue record, but he has advised us to get the map corrected. Now, I am not sure what to do in this matter. Initially, he created confusion by suggesting that this property is not yours; it belongs to someone else, and it is barren. However, he is now saying to correct the map. Additionally, the current map has incorrect details. When we obtained the old map, it showed half of the frontage, but now, even after measuring, we have not received the complete frontage, and half of our land is occupied according to the measurements. After considering these issues, I would like to seek consultation with you, and I hope you can guide me accordingly.
Asked from: Uttar Pradesh
If the land map displays incorrect dimensions or area, it is recommended to submit an application for its correction. Under the Uttar Pradesh Land Revenue Code, the Collector holds the responsibility for maintaining land maps, and in instances of discrepancies, they possess the authority to rectify such errors.
To strengthen your case, it is crucial to provide supporting evidence. Obtaining the old map and the record of rights (Khatauni) is advisable. This documentation would substantiate your claim, especially if the discrepancy occurred in subsequent years.
The Uttar Pradesh Land Revenue Code establishes the legal framework for land administration and revenue matters in the state. The land map, a crucial component of this framework, serves as a graphical representation of land parcels, delineating their boundaries, dimensions, and other pertinent details. Here’s a brief explanation of the role of the land map in the Uttar Pradesh Land Revenue Code:
- Maintenance by Collector: According to the Uttar Pradesh Land Revenue Code, the Collector is entrusted with the duty of maintaining accurate and up-to-date land maps. The Collector plays a pivotal role in overseeing land administration and ensuring the correctness of the land records.
- Power to Rectify Mistakes: In instances where there are mistakes, inaccuracies, or ambiguities in the land map, the Collector is empowered to rectify these errors. This is crucial to maintaining the integrity of land records and preventing disputes arising from discrepancies in land-related information.
- Application for Correction: Individuals who identify discrepancies in the land map pertaining to their property can file an application for correction. This involves notifying the Collector about the inaccuracies and providing evidence to support the claim.
- Supporting Evidence: To bolster the application for correction, it is advisable to present supporting evidence. This may include the old land map, known as the record of rights (Khatauni), and any other relevant documentation that substantiates the correct details of the land in question.
- Establishing Claim: Obtaining and presenting the record of rights (Khatauni) and old land maps becomes crucial in establishing a claim, particularly if there have been changes or discrepancies in the land details over the years.
In summary, the Uttar Pradesh Land Revenue Code vests the Collector with the authority to maintain and rectify land maps. Individuals can seek corrections by filing applications and providing supporting evidence to ensure the accuracy of their land records. For more legal help please visit Kanoon India.
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Bride and I got engaged on 08.06.2023 and the marriage was scheduled on 07.12.2023. Bride and her family since beginning were fake and fooled us. She was going to job and all hide this from us. Since she was going to job whenever I call or message she was avoiding. I used to go every week to meet her and we travelled around for 2.5 months. There was some misunderstanding because of bride not giving time and she was also hiding most of the topics from her parents and blackmailed me not to say anything at home. She said some negative points about me to her parents and they all decided to cancel the marriage. I have spent more than 50000 in 2 months for her. We had made advances of 500000 plus outside for marriage. When asked she said phone calls and messages r the reasons for cancelling this marriage.
In presence of elders we had a meeting and requested not to cancel the marriage keeping calls and messages as topic and also showed all the receipt of advances made. Elders requested bride but she was not ready to move ahead. At last, elders told bride family to give 150000 as compensation but they after accepting did not give amt and filed a fake complaint against me and my family members for which FIR was filed 354d 504 and 506. We took bail as well. What actions can be taken against bride and her family for giving fake complaint and I have all the evidences. Please advice.
Asked from: Delhi
An engagement is generally not considered a legally binding contract. Unlike a marriage, which is a legally recognized union, an engagement is typically viewed as a promise or commitment to marry in the future. While engagements are significant in a social and personal context, they usually lack the legal enforceability associated with contracts.
It’s important to note that breaking an engagement is a serious decision and can be emotionally challenging. In some cases, engagement may be broken off through a mutual understanding, while in others, it may lead to legal and financial consequences, especially if there are agreements or arrangements associated with the engagement.
While there is no specific law governing engagements in certain circumstances may lead to the termination of an engagement. Here are some common reasons:
- Mutual Agreement: If both parties involved in the engagement agree to break it off amicably and mutually decide not to proceed with the marriage, the engagement can be terminated.
- Breach of Trust or Misrepresentation: If one party discovers that the other has engaged in deceit, misrepresentation, or a serious breach of trust, it may lead to the termination of the engagement.
- Incompatibility: If the engaged couple realizes that they are fundamentally incompatible or have irreconcilable differences that could negatively impact the marriage, they may decide to break off the engagement.
- Family Disapproval: External factors, such as strong opposition from either party’s family, can also contribute to the decision to break off an engagement.
- Personal Growth and Change: Sometimes, individuals may undergo significant personal growth or experience life changes that lead them to reassess their priorities and values, resulting in the decision to end the engagement.
Following the cancellation of the engagement, your fiancée has filed an unfounded criminal case against you. In light of these false allegations, you have the option to initiate a defamation case against both her and her family. Given the existing circumstances, you may also pursue a claim for damages, citing the intentional concealment of material facts about your fiancée that led to the decision to call off the planned wedding. For more legal help please visit Kanoon India.
Inheritance of property according to Hindu Succession (Amendment) Act 2005. X passed away in 1970, leaving behind his widow, mother, father, two daughters, and three sons. Who is entitled to inherit the property after him according to the Hindu Succession (Amendment) Act 2005, and to what extent?
Asked from: Uttar Pradesh
The Hindu Succession (Amendment) Act of 2005 introduced substantial modifications to the inheritance of property within the Hindus, specifically with the objective of ensuring equal rights for daughters in ancestral property. Key provisions of the amendment encompass the recognition of daughters as coparceners by birth, conferring upon them equal rights and responsibilities in ancestral property alongside sons.
This translates to daughters having identical entitlements as sons in both self-acquired and ancestral property, signifying a departure from traditional practices. Notably, the amendments hold a retrospective effect, applicable from the enforcement date of the Act on September 9, 2005.
This retrospective application implies that daughters are entitled to their rightful share, even if the demise of the father occurred prior to the enactment of the amendment. In situations where a Hindu male dies intestate, the property distribution follows a hierarchy among Class I heirs, encompassing the widow, daughters, sons, mother, and, in the absence of any of these, other legal heirs.
Additionally, the amendment addresses the scenario of a predeceased son leaving behind children, specifying that such grandchildren are entitled to inherit the share that their deceased parent would have received. These legislative changes mark a significant shift in the landscape of inheritance rights, promoting gender equality and ensuring a more equitable distribution of property within Hindu families.
To whom property devolve according to Hindu succession act
Under the Hindu Succession Act, the devolution of property refers to the distribution of an individual’s property after their death. The Act provides a hierarchy of heirs who are entitled to inherit the property of a deceased Hindu male or female. The key points regarding the devolution of property under the Hindu Succession Act are as follows:
- Class I Heirs: The property first devolves upon Class I heirs. The order of preference among Class I heirs is as follows:
- Son
- Daughter
- Widow
- Mother
- Son of a predeceased son
- Daughter of a predeceased son
- Son of a predeceased daughter
- Daughter of a predeceased daughter
- Class II Heirs: If there are no Class I heirs, the property devolves upon Class II heirs. The order of preference among Class II heirs is as follows:
- Father
- Brother
- Sister
- Son’s daughter’s son
- Son’s daughter’s daughter
- Brother’s son
- Sister’s son
- Brother’s daughter
- Sister’s daughter
- Agnates and Cognates: If there are no Class I or Class II heirs, the property devolves upon agnates (relatives through males) and cognates (relatives through females), following a specified order.
These Class I heirs have priority over Class II heirs in the devolution of property. It’s essential to note that the Hindu Succession (Amendment) Act of 2005 brought significant changes, granting daughters equal rights as sons in ancestral property, making them coparceners by birth. In your case, the property will devolve to the widow, son and daughter. For more legal help please visit Kanoon India.
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Accusation under section 7 of the Prevention of Corruption Act. If there is no demand of bribe during trap laid by ACB. In that case can the public servant be accused under 7 PC act.
Asked from: Maharashtra
If there is no demand for a bribe during a trap laid by the Anti-Corruption Bureau (ACB), the public servant may still be accused under the Prevention of Corruption Act (PC Act) Section 7 if demand is proved by circumstantial evidence. This section broadly covers the act of a public servant accepting gratification other than legal remuneration as a motive or reward for performing or forbearing to perform any official act.
To establish an offense under Section 7 of the Prevention of Corruption Act, the prosecution must establish two essential elements. The first involves the demand for gratification in exchange for a favor, and the second pertains to the acceptance of gratification by the individual making the demand.
In the case of Neeraj Dutta v. State (Government of NCT of Delhi) 2022 SCC online SC 1724, it has been established that a demand for gratification can be proven through circumstantial evidence. It is firmly established that, in order to establish the commission of an offense punishable under Section 7 of the Prevention of Corruption (PC) Act, it is essential to provide evidence of both the demand for gratification and the acceptance of said gratification.
Furthermore, the Constitution Bench, as emphasized in the case of Neeraj Dutta, reaffirms that the presumption under Section 20 of the PC Act can only be invoked upon the substantiation of key facts, specifically, the demand for gratification by the accused and its subsequent acceptance.
To invoke Section 7 of the Prevention of Corruption (PC) Act, the prosecution must establish the demand for gratification beyond a reasonable doubt. The terminology used in Section 7 is ‘gratification,’ indicating that there must be a specific demand for gratification rather than a simple request for money. The crucial element is the demand for gratification.
If the prosecution successfully proves both the occurrence of the demand for gratification and its subsequent acceptance, the presumption under Section 20 can be triggered. In such cases, the court is empowered to presume that the demand was made with the intention of serving as a motive or reward for the performance of an official act.
In your case, there is a lack of evidence supporting the demand for gratification. As a result, the offenses punishable under Section 7 have not been substantiated. It is crucial to establish both the demand and acceptance, as these elements are essential for proving the offense of obtaining a pecuniary advantage by corrupt means. Therefore, you cannot be held accused of the offense punishable under Section 7 of the Prevention of Corruption (PC) Act. For more legal help please visit Kanoon India.
Stepmother can get share in ancestral property after death of father. My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.
Asked from: Uttar Pradesh
Your stepmother, as the widow of your father, holds the right to ancestral property if it devolves upon the legal heirs following your father’s demise. However, it’s crucial to note that only coparceners are entitled to a share in ancestral property. Despite not being a coparcener, the widow gains a share in the ancestral property upon her husband’s death and the subsequent partition.
During the partition of ancestral property, it is distributed among all legal heirs of the deceased father. The widow, in this case, your stepmother, is recognized as a Class I heir under the Hindu Succession Act of 1956. According to this act, a widow holds the status of a Class I heir, granting her the right to inherit her deceased husband’s property. Class I heirs are given priority in the succession process, receiving preference in inheriting the assets of the deceased.
In the Mitakshara school of Hindu law, coparceners have specific rights in ancestral property. The concept of coparcenary is integral to Mitakshara law, and it defines a system of joint family property where male descendants up to four generations are considered joint heirs.
Under Mitakshara coparcenary, the key rights include:
- Right by Birth: A male member of a Hindu joint family, known as a coparcener, acquires a right in the ancestral property by virtue of birth.
- Equal Share: Coparceners have an equal share in the ancestral property. This means that each coparcener, regardless of their generation, has an equal entitlement to the property.
- Right to Seek Partition: A coparcener has the right to demand a partition of the ancestral property. Partition involves dividing the property among the coparceners, giving each a distinct and independent share.
- Survivorship: In the absence of a partition, the principle of survivorship applies. If a coparcener dies, his share in the ancestral property passes on to the surviving coparceners.
It’s important to note that the Mitakshara coparcenary system has undergone changes through legal reforms, particularly with the Hindu Succession (Amendment) Act, 2005. The amendment abolished the concept of coparcenary in favor of a more equitable distribution of property, ensuring daughters’ rights as coparceners as well. For more legal help please visit Kanoon India.
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School authorities are creating a private nuisance. I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?
Asked from: Uttar Pradesh
If you are experiencing continuous disturbance caused by a school—for example, horses being kept on the premises—you may have a valid legal claim under the law of torts for private nuisance. The nuisance in such a case may not only arise from the physical presence of horses but also from the improper management of horse excreta, which produces unpleasant odours affecting the surrounding environment. Such activities can significantly interfere with your right to peacefully use and enjoy your property.
In situations like this, you have the option of filing a civil suit against the school authorities. Through such a suit, you may seek an injunction to restrain them from continuing the nuisance. In addition to stopping the disturbance, you can also claim compensation for the inconvenience, discomfort, and any damage that the nuisance has caused to your property. Since court proceedings may take time, you should also consider seeking a temporary injunction to prevent further harm during the pendency of the case.
Private nuisance, in legal terms, refers to an unreasonable interference with a person’s use or enjoyment of their land by the actions of another. It is treated as a civil wrong under the law of torts, and individuals who suffer harm as a result of such interference are entitled to seek remedies before the court.
Common examples of private nuisance include loud and continuous noises, offensive odours from waste or animals, environmental pollution, or vibrations that disturb the normal use of property. In each of these cases, the test is whether the interference is both substantial and unreasonable. For a successful claim of private nuisance, three important elements must be established.
- First, there must be an interference with the enjoyment of land that goes beyond minor irritation or trivial inconvenience.
- Second, the interference must be unreasonable, which is judged by factors such as the locality, the nature of the neighbourhood, and the duration of the disturbance. What is considered acceptable in one locality may not be reasonable in another.
- Third, there must be evidence of actual harm or damage in the form of physical injury to property, significant discomfort, or loss of enjoyment.
The remedies available in cases of private nuisance include damages in the form of monetary compensation, injunctions directing the wrongdoer to stop the interference, or in some cases, a combination of both. Courts generally balance the rights of the property owner against the conduct of the other party to determine what relief is appropriate.
If you find yourself affected by the actions of school authorities in this manner, it is advisable to act promptly by initiating legal proceedings. A well-prepared claim supported by evidence of the disturbance and its impact on your property can strengthen your case for both injunctive relief and compensation.
Horses have damaged the wall but so far as the foul smell is concerned, I have no evidence to prove. That odor is very acrid and unbearable. If the court seek prove of physical damage then I can prove it through the photographs but I am unable to prove the odor. Please advice whether it is mandatory to prove actual harm or it is only directory?
Follow-up question
In private nuisance, actual harm is not always required where the interference itself is substantial, unreasonable, and materially affects the enjoyment of property. The law recognizes that not all injuries to property rights can be measured in terms of physical damage or monetary loss.
In most cases of private nuisance, the claimant is expected to prove actual harm—such as physical damage to property, substantial discomfort, or interference with the normal enjoyment of land. However, the law recognizes certain situations where proof of actual harm is not strictly necessary.
One such situation arises when the interference is continuous and unreasonable. For example, persistent loud noise, foul odours, or constant vibrations can themselves establish nuisance. In these cases, the very nature of the interference is sufficient, and the court may presume harm without requiring the claimant to produce evidence of measurable damage.
Another instance is when the interference involves a material invasion of rights. Private nuisance is fundamentally about protecting the right to use and enjoy land. If a neighbour discharges sewage, keeps animals that generate unbearable smells, or obstructs light and air, the wrongful interference itself is actionable. The claimant does not always need to show actual injury or financial loss.
There are also circumstances where damage is presumed by law. Certain activities, such as the emission of noxious gases, dust, or foul smells, inherently cause harm. Even if the claimant cannot show physical injury to their property, the interference is considered sufficient to give rise to liability.
Finally, if the interference is substantial by its very nature, courts may not insist on proof of actual loss. Persistent and intolerable disturbances—such as unbearable smells, continuous noise, or pollution—are actionable because they significantly diminish the quality of life and the enjoyment of property, even if no financial loss is proved.
In essence, while actual harm is usually required, the law makes exceptions where the interference itself is so unreasonable, substantial, or inherently damaging that it becomes actionable without further proof.
Read also: How to stop unauthorized entry of persons in my property?
My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.
Asked from: Uttar Pradesh
Your wife and her family members do not have the right to keep you away from your children. It is a serious matter that they do not allow you to meet your daughters. If your wife has been living separately for more than two years without sufficient reasons, you can file a suit for the restitution of conjugal rights. In such a situation, you have the right to compel your wife to live with you.
Your younger daughter is only ten months old, and at this age, a mother cannot deprive the father of love and affection towards his daughter. Therefore, you can claim custody of your daughters. In this situation, you have the option to claim either the restitution of conjugal rights or file a habeas corpus writ.
If the period of desertion is less than two years, you can file a habeas corpus writ in the high court against your in-laws. The court will summon your wife and her parents to justify the reasons for not allowing the father to meet his daughters. If they fail to provide valid reasons, the court shall direct your wife and her parents to allow you to meet your children.
In Tejaswini Gaud and others vs. Shekhar Jagdish Prasad Tewari and others, (2019) 7 SCC 42 the hon’ble supreme court has held that:
The child is only 1½ years old and the child was with the father for about four months after her birth. If no custody is granted to the first respondent, the Court would be depriving both the child and the father of each other’s love and affection to which they are entitled. As the child is in tender age i.e. 1½ years, her choice cannot be ascertained at this stage. With the passage of time, she might develop more bonding with the appellants and after some time, she may be reluctant to go to her father in which case, the first respondent (father) might be completely deprived of her child’s love and affection. Keeping in view the welfare of the child and the right of the father to have her custody and after consideration of all the facts and circumstances of the case, we find that the High Court was right in holding that the welfare of the child will be best served by handing over the custody of the child to the first respondent.
Habeas corpus proceedings are not meant to justify or examine the legality of custody. Habeas corpus proceedings serve as a medium through which the custody of the child is brought to the discretion of the court. Habeas corpus is a prerogative writ, constituting an extraordinary remedy. The writ is issued in circumstances where, in the particular case, the ordinary remedy provided by the law is either unavailable or ineffective.
Based on the facts of your case, it appears that a habeas corpus writ is the most suitable option, especially if the period of desertion is less than two years. Initiating a lawsuit for custody under the Guardians and Wards Act is a time-consuming process. Therefore, opting to file a habeas corpus writ is a good choice for you to pursue the custody of your children. For more legal help please visit Kanoon India.
Stepmother adopted a son when she already has a biological son. Father died. Mother got second marriage they adopted her child. In this situation who would the father and grandfather of the child?
Asked from: Bihar
Stepmother cannot adopt a son when she already has a biological son from her deceased husband. In the past, females were restricted from adopting without the consent of their husbands. Unmarried or widowed women faced even more limitations in adoption. However, with the passage of time and a shift in societal perspectives, personal laws have undergone changes. This transformation is codified in ‘The Hindu Adoptions and Maintenance Act, 1956,’ explicitly stating that females are now allowed to adopt children, provided they are of sound mind and not minors. This right has also been extended to widows.
According to section 8 of the Hindu Adoptions and Maintenance Act, 1956:
Any mentally sound adult female Hindu, not being a minor, possesses the capability to adopt a son or daughter. However, if she has a living husband, she may only adopt with his consent, unless the husband has completely and definitively renounced the world, ceased to be a Hindu, or been declared by a court of competent jurisdiction to be of unsound mind.
According to section 12 of the Hindu Adoptions and Maintenance Act, 1956:
From the date of adoption, an adopted child shall be recognized as the child of the adoptive father or mother for all legal intents and purposes. Consequently, all familial ties of the child in their birth family shall be considered severed and replaced by the new ties established within the adoptive family.
According to Section 11 of the Hindu Adoptions and Maintenance Act, 1956:
In the case of adopting a son, the adoptive father or mother must not have a living Hindu son, son’s son, or son’s son’s son (whether through legitimate blood relationship or adoption) at the time of the adoption.
In your case, if the widow has adopted a son, that adoption is illegal because it violates the provisions of Section 11. The widow has a biological son of her deceased husband. Hence, she is being a widow cannot adopt a son. However, she can adopt a daughter only. In the prevailing situation such an adoption is in violation of Section 11, therefore, it is void. For more legal help please visit Kanoon India.
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Husband denied accessing my matrimonial home. I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.
However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.
Asked form: Uttar Pradesh
Your husband cannot deny accessing your matrimonial home because it is a shared household, and you have right to reside there. In Satish Chandra Ahuja vs Sneha Ahuja [(2021) 1 SCC 414] the Supreme Court has discussed the interpretation of the definition of a “shared household” under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.
The court addresses whether a shared household is limited to a joint family residence or one in which the husband has a share. The court highlights that the definition includes a household where the aggrieved person has lived in a domestic relationship with the respondent, whether owned or tenanted jointly or individually.
The court emphasizes the permanency of a woman’s residence for security and underscores that the purpose of the legislation is to protect women. It concludes that the Act grants an entitlement to women for the right of residence in a shared household, irrespective of their legal interest in it, in order to fulfill the Act’s purpose of providing effective protection to women victims of domestic violence.
Hence, you’ll certainly obtain a residential order from the court in your DV case. You have initiated a proper case against your husband to regain access to the matrimonial home. In the meantime, you should file a civil suit for an injunction against your husband to prevent the solemnization of a second marriage.
You have evidence to prove that your husband is planning to marry the person with whom he has had an extramarital relationship. Legally married individuals can obtain an injunction order from the court and compel their spouse to refrain from solemnizing a second marriage.
Bigamy is an offense punishable under Section 494 of the Indian Penal Code. If your husband solemnizes a second marriage without obtaining a divorce from his first wife, he commits the offense of bigamy. For more legal help please visit Kanoon India.
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