Advocate Saravanan Dhandapani

Questions Answered by Advocate Saravanan Dhandapani

Q: Son claiming property on basis of unregistered will can sisters claim?

SON IS CLAIMING A PROPERTY BY A WILL OF HIS FATHER WHICH IS UNREGISTERED. THE OTHER TWO SISTERS WANTS THE PROPERTY TO BE DIVIDED EQUALLY. HOW TO HELP THE DAUGHTERS?

Advocate Saravanan Dhandapani answered
If the WILL is genuine, even if it is unregistered, daughters claim may fail. If the WILL was executed or property is situated in a Metorpoliton Cities Like Chennai the WILL should have been probated validating the WILL. If the daughter's have any doubt on the WILL they could very well file a suit for partition challenging the WILL also.

Q: Procedure to change our lawyer with his permission?

our lawyer now not able to continue our case due to his busy work for his daughter's marriage work. but he is hesitating to express his situation to us because we r in edge of time to get order from court. if we r approaching him with proper procedure to change the lawyer, he will easily accept to change to new lawyer. so please suggest us the simplest way to change our lawyer for our case.

Advocate Saravanan Dhandapani answered
Ask your present lawyer to give a 'change of vakalat'. Also ask the lawyer to return the entire case papers. So that you could engage a new lawyer of your choice. Even then, if you are not getting change of vakalat and papers, send a requisition letter through registered post.

Q: Can one of the heir stay in property which is under trial ?

Hi sir, My grandma has a property and she have 2 daughters and one elder son. The division of property between heirs are under trial in court. 2 daughters are livings away from the property but now the son avails the benefits of the property by staying there. So my doubt is that whether the one of the heir can enjoy the property which is under trial by court? Or is there any law that court can send a petition to vacate the property till judgement ? 

Advocate Saravanan Dhandapani answered
It is well established law that the co-owners always deemed to be in joint possession. No doubt, the other co-owner can legally enjoy the property. However, practically there will be so many obstacles.

Q: joint owner will electricity connection to single owner?

my father family land partitation 1962, two brother between joint owner well only other mother land indeppendent seprate patta and survey land, my father electricity connection applyed 1972 EB form single owner also my name only, but co-owner well, now my father settlement register only son my namely EB Connection, i need legal issue that EB Connection i am owner or jointwell partner also right power please advice me and suggestion given us

Advocate Saravanan Dhandapani answered
Your question is not clear. However, based on presumptive understanding, my answer is as follows:Though the your are co-owner of a well, since the Eb connection is in your individual name you will be the sole owner for Eb connection.