Advocate M S Krishnan

Questions Answered by Advocate M S Krishnan

Q: Impleading of guarantors of a company admitted in BIFR

Dear Sir/Madam,I was an ex director in an IT company, which is sick now & has been admitted in BIFR during June 2015. Next hearing date yet to be listed. I've offered my personal property as security to the company, which has been mortgaged with the Bank. Company has defaulted the loan. Now, the Bank has taken action under SARFEASI & trying to sell my property.Can i implead as a Guarantor in BIFR proceedings with the company? Will it stop the Bank from Proceeding with Auction sale of my property till BIFR proceedings are completed? Please advise.Thank youHasan

Advocate M S Krishnan answered
Quite possible.You are one of the directors of the company.It has gone sick and admitted inBIFR. The property given to the banker is security on behalf of the company which is sick nowand gone for BIFR. You can certainly move to court to stop bank trying to sell the property.It is very much possible in accordance with law to stop through court from disposing your property.MSKRISHNAN

Q: Ancestral property share - Is applicable for my married sister?

Hello,My grandfather had a partition of share from our ancestor property, My father is the only son for my grandfather and he is having 1 son (me) and 1 daughter (married in 2005). I would like to know whether my sister will be eligible to share this property as per the law.

Advocate M S Krishnan answered
She is eligible for a share as per Hindu Law in the ancestor property .Even though she is married she is eligible for the share in accordance with the Hindu family Law and succession act etc. Thus the girl is also eligible to get share .

Q: Property Legal heirs clarification

Mr. A is willing to sell his inherited property from his father through Registered will dated 1976. Mr.A has two sons and one daughter. Daughter got married and died within 6 months of the marriage and they do not have any children. Now there are two sons as a legal heir of Mr.A. Mr.A wants to sell the inherited property with the agreement from his two sons, without the involvement of any legal heirs from his daughters marriage. is it advisable to buy this property , without the signature of all the legal heirs of Mr. A.

Advocate M S Krishnan answered
Its inherited property all the legal heirs -grand children too are eligible for share.The Hindu family successionAct and also the general Law is clear about the share of property if inherited. However Since daughter is passed away and had no issues need not to worry if the sons give their willingness.MSKRISHNAN

Q: Brother has no legal heir. Can i get his property?

My brother is unmarried aged 76 years and he sold his house for 61lacs.Someone trying to take advantage of this money .As a brother do I become a legal heir in the absence of family for my brother??.Can I restrain him from giving this money to others? He is dumb and can communicate thru writing and his place of stay is not known.We are 5 brothers and 1 sister and 3 of us live now including him and me.Sister is also alive. How can I prevent this money going to others?

Advocate M S Krishnan answered
Dear Sir,Your question is very vague without any details.Is he your brother married/ Got issues /whotires to take advantage of him why /is he of sound health(but for dumb )NOT INSANE OR OF UNSOUND MIND. /can he write what he wants to say?? Depends on your perfect and open answer no further legal opinion is possible .It may go wrong?MY PROFILE WILL BE SHARED TO YOU BY OUR CONTACT PERSON SHORTLY ON YOUR REQUEST.M.S.KRISHNAN

Q: First date of case hearing not coming even after 2 years of filing.

I filed a writ for dismissal from services and it's been over 2 years now. The case has not even been brought up for first hearing. What can i do now? How can i expedite the procedure?

Advocate M S Krishnan answered
Consult your advocate or meet the Asst Public prosecutor or PP .You can check with the court cl;erk.If no other way contact free legal aid cell of your district Court.Always give details of the state from where the question is asked .without it its not correct to answer.Anyhow this time we gave our reply.MSKRISHNAN