Advocate Senthil Kumar

Questions Answered by Advocate Senthil Kumar

Q: Cancellation of settlement deed

My father in law gifted his property to my husband (his son) which he sold within six months and he was cheated by a financier to do so. We have 2 minor sons aged 17 and 9. Can I challenge this gift deed on behalf of my sons as grandsons have rights over grandfathers property.

Advocate Senthil Kumar answered
Your sons can challenge only if the grand father's property is the Ancestral property. If the property is the grand father's self acquired property, then it the grand father's discretion to do with the property as he likes. Here he had Gifted his property to his son, hence your sons can't claim. Sorry for the negative answer but that's the truth.

Q: What are the daughters right on mother's property

My mother had purchased a property from Tamil Nadu housing Board in 1969. She passed away in 2012. After she passed away, my two sisters produced a Will on a plain piece of paper, which stated that she has willed the property on all the three children. And it seemed the will is not propbated. Both my sisters have been married in the early 80's. I was married in 1987. I would like to know after the amendment of the 1989 Inheritance laws in Tamil nadu for daughters, whether they have a legal right over the property.

Advocate Senthil Kumar answered
Since the property purchased by your mother is a self acquired property, your two sisters also have equal rights over the said property. Your mother died intestate; consequently the property will pass upon her legal heirs i.e, yourself and your two sisters entitled for equal share in her property and you three will become the joint owners of the said property.

Q: Father paid for property in grandmother's name can he claim property

My Father assisted his mother on buying a land and building a house (he paid around 95%, has documents of financial transaction done by him). Later he registered the house on his mothers name.His Mother is a widow and do not have any financial support from any source. My father is eldest son of the family and was taking care of the family expenses. He has two blood brothers who were young and unemployed at the time of theses transactions. Recently his mother died without writing any will. Pls clarify what will be his position of claim on the asset ? Can he claim full part of his invest ?

Advocate Senthil Kumar answered
The question is not with all details and it needs so many relevant details to answer appropriately. Whereas to answer the query with the above information, he will be considered as one of the share holder in the property, as he is one among the legal heir of his mother. I would like to know further details, for example:i) In which year the Sale Deed has been registered?ii) What is the mode of transaction for his 95% payment of sale consideration amount (Cash or Cheque or Demand Draft or any other)?iii) You have mentioned that his two brothers were young, whether they have attained their age of majority at the time of registration?iv) Is there any clause mentioned in the Sale Deed, regarding whether your father has paid 95% of sale consideration for purchasing the said property? You have mentioned that he paid around 95% of consideration amount, it is not clear that he had paid only for buying the LAND or also for BUILDING the house in the said land or in another property?v) Is there any bills and receipts in your Father’s name, regarding the purchase of materials for building the house?

Q: Was in jail for 2 months police saying charge sheet not yet filed

Was in jail for 2 months. Out of jail now, in bail. Police inspector is telling charge sheet has not been filed yet & they can help us by closing the case while framing the charge sheet, that accused was falsely arrested on this case. Police says, victim party would not come to court & all, they can speak to victim & resolve this. Our advocate is telling already charge sheet has been filed in our case. Who should we believe. 1. how do we know if already charge sheet has been framed in the case. 2. Should we get anything in writing to resolve this case.

Advocate Senthil Kumar answered
Charge sheet is nothing but a Final report and it will have all the details of police investigation with names of witnesses and documents. According to law, when the accused is in custody, charge sheet has to be filed within 90 days if the crime is punishable for life or death or 7 years and 60 days if the crime is punishable for any other offences, if not, the accused is eligible for bail. Further if the accused is not in custody, no time limit has been prescribed by law. As per the Criminal Procedure Code, the charge sheet is the end product of investigation. With filing of charge sheet, the investigation is closed. Once the charge sheet is filed, summons will be sent to you or police will make phone call to receive charge sheet. Sometimes police would not send a notice or call you after the completion of charge sheet. However “Police inspector is telling charge sheet has not been filed yet….……………” thats a different arrangement.In the meantime you can file an application under RTI and can obtain a copy of Charge sheet and other documents involved in your case. We can’t find whether charge sheet has been framed by the police or not, but we can find whether charge sheet has been filed in court. If your advocate is telling that the charge sheet has been filed in court, ask him to get a copy from the court. If you share your problem with precise details, further advice can be given.

Q: Marriage hall manager not refunding the amount on cancellation

i have paid Rs.3 lakhs for my son marriage to a marriage hall  by cash on 11 April Marriage date 9/9/15. on the day of payment itself i told the manager. if i cancell hall can i get the refund the amount ..due to my mother illness i have to canecll the booking .manager ask me a written letter to cancellation. accordingly i have given written letter on 11/7/2015 he also acknowledge assured to return the money .But after 15 day manager send legal notice not in a position to return the money .because of the legal notice family members emotionally affected. want your advice

Advocate Senthil Kumar answered
First of all, you have cancelled the Marriage hall on account of unavoidable circumstances and further at the time of booking the Hall, you have asked him in advance that if it was cancelled, whether the money will be refunded and the hall manager also promised to refund the amount. Further your son’s proposed marriage date supposed to be held on 09.09.2015 but you have cancelled on 11.07.2015, i.e., sixty days prior to marriage date. Whereas you have cancelled the marriage hall within reasonable time, hence no deduction shall be made except the taxes. Adding to the above if the hall manager have conducted any marriage or any functions in the marriage hall on the proposed marriage date i.e, 09.09.2015, he ought to pay the advance amount as promised.If he fail to refund the amount, you can seek the help of court. Whereas the courts have resolved many such cases and while in some cases they have directed full refund, in some cases they have directed partial payment according to the circumstances and evidences involved.I would like to know further details:-i) At the time of booking the marriage hall, whether the hall manager provided any receipt/booking card for the said payment?ii) If you have received the receipt, whether any terms and conditions were printed stating that they will not refund the advance amount (in case the cancellation)? iii) Whether you have any proof for the acknowledgement made by the Hall manager, that he will refund the money?iv) You have given a letter regarding the cancellation of marriage hall and also stated that the hall manager acknowledged the same, whether he has signed with seal in your copy letter as his acknowledgement?