Advocate Periyaswamy K S

Questions Answered by Advocate Periyaswamy K S

Q: What are rights of a daughter (only child) on her father's property

My mother is only daughter (no sons) to my grandfather. He passed away without a WILL. All my grandfather's property is self acquired. What are the rights of my mother on this property? - Does my mother have to share it with her children? (son and daughter) - Is she the absolute owner of such property?

Advocate Periyaswamy K S answered
Your mother becomes absolute owner of the property on the demise your grand father.Till your mother alive her son and daughter have no right on the property, however she can gift the property to herr son and daughter as per her choice.

Q: Legal precautions to be taken before entering into a joint agreement

Dear Sir, We are planning to enter into JD, plot size is 50x80 gifted by the father self earned property. JD developer has built 5-6 projects same area, he is offering 50-50, due to demonetization, he is unable to pay goodwill amount instead he is giving full terrace rites by building 2,500sq.ft Penthouse, but giving Rs. 10Lac as goodwill and Rs. 20Lac as refundable deposit after 15 months when the project completes. Step 1. To sign initial stamp paper MOU which says basic, 50-50, 2,500sqft. Penthouse, mentioning amounts, 15months period. We have copy. Step 2. Next step is to sign the JD agreement/GPA which mentions, 50-50, G+3flrs, but doesnot mention Penthouse, 15months period. The Original JD/GPA document will be with the builder, while registered copy will be with us. Here they say we need to handover all the Original Documents to Builder to start construction. Kindly let us know what are the precautions we need to take before entering into the JD agreement. Thank yo

Advocate Periyaswamy K S answered
No need to handover all original documents to the Builder, but you have provide all copies of the documents and you are advised to construct the Building as per sanction plan only to avoid future dispute to the entire building.

Q: What documents I need to check before buying a property ?

Hi, I am looking to purchase a residential plot near Gunjurpalya area. Builder told that they have dc conversion and noc from BMRDA. He told they didn't get BMRDa approval because the layout is just 3.5 acres. Hence they got only NOC and it safe to buy. Please suggest in this case. They have 30 feet roads water tank etc which r as per BMRDA. Please help what all docs i need to check.

Advocate Periyaswamy K S answered
You have to approach a Good Lawyer with documents provided by the Vendor and after going through the same the Advocate will advise you, if any further documents required from the Vendor.Don't be hurry in purchasing any property without proper scrutiny of documents by a Good Lawyer

Q: How to escape a false case filled by wife

My sister son got married & the girl stayed for 3 days & went back to parents & they asked to make a separate home which was done but didn't stay there. Later filed a false dowry & harassment case. She has not furnished any documentary evidence or witness to support her complaint to the police even after 8 notices & the police also have not filled the chargesheet even after 11 months. Now she is threatening us of complaining to Mahila Ayog though the case is pending in Mysore court. We have been severely harassed by that girl. Please advise

Advocate Periyaswamy K S answered
File Divorce Case on the ground of Cruelty stating she left the matrimonial home on her own and filed false complaint at police and further threatening to file complaint at Mahila Ayog to extract easy money and to join with other.

Q: Can property be sold by son if father died intestate

My father left several properties but he had not left any will. Some properties are self acquired and remaining are ancestral properties. My mother is alive. We are in urgency to sell some of the properties. My father left five sons and three daughters. Please let me know various modes for change of khata, executing sale deeds etc.

Advocate Periyaswamy K S answered
Change the Khatha by filing affidavit of your mother, you, brothers and sister and get the Khata Transfer and you all jointly can sell the property of your father self acquired and ancestral properties.