Advocate S.Lakshmi Kanthan

Questions Answered by Advocate S.Lakshmi Kanthan

Q: Can my brother get a bail under UAPA Act

My brother has been confined under uapa act invoked by law and order police Ambattur chennai.. cr.no. it's been 4 years now, Bail has not been granted ..need help..

Advocate S.Lakshmi Kanthan answered
File another bail petition in magistrate court if there is proper ground and merits, bail will be granted. If not go for appeal in sessions court against the dismissal order. U can also file quash petition u/s 482 CrPC in honble high court

Q: Father died leaving behind property sister wants to release share

My Father bought a house on my mother's by his own money. now, my parents are no more. if my sisters wants to release their share for brothers then which deed is safest? either Release or Gift Deed? Also, in future, my sister's sons / daughters should not file a case for property? Kindly suggest

Advocate S.Lakshmi Kanthan answered
HI,MY SUGGESTION WOULD BE THAT YOU FIRST GO FOR A PARTITION DEED, THEN YOUR SISTERS CAN EXECUTE GIFT DEED SEPARATELY TO YOU REGARDING THEIR SHARES WHICH THEY GOT THROUGH THE PARTITION DEED. IT IS SAFER WHEN COMPARE TO MERE RELEASE DEED FOR AVOIDING ANY CLAIMS FROM THEIR ISSUES IN FUTURE.

Q: Can Take My Shirdhan Without Police Complaint From My Husband ?

Im living with my parents.. my husband wants me under house arrest so im living with my parents... I think I can't live with him anymore... My parents don't want me to apply for divorce... But if he apply for divorce im ready to sign. Since im not living with my husband can I take my Sridhan or gifts which i received on marriage without a police complaint ? If I take my things from my husband's house can he lodge a complaint on me ? I don't want to take my husband's gifts... But I want to take mine.. he is even using my bike.. I would like to take all like fridge, tv etc which my mom gave as dowry and other small appliances which I received as gifts. My certificates are all in my husband's house... He is not even allowing me to take those... Im scared whether he ll tear my certificates or sell my things or whether he ll give those to his parents who are living in his native.. so can I take things from there ?

Advocate S.Lakshmi Kanthan answered
yOU HAVE EVERY RIGHT TO TAKE YOUR SRIDHAN PROPERTIES. ALL YOU HAVE TO DO IS TO FILE A PETITION IN FAMILY COURT, FOR RETURN OF ARTICLES, OR FILE IT IN CRIMINAL COURT UNDER DOMESTIC VIOLENCE ACT. YOU DONT NEED TO GIVE POLICE COMPLAINT FOR THAT. I AM READY TO GUIDE YOU IN THIS REGARD, FOR ANY HELP, CONTACT ME WITH NO DELAY.ADV.LAKSHMIKANTHAN, T.NAGAR, CHENNAI

Q: Daughters right in the fathers property if father died in 1990

My father have 2 sons and 1daughter.Hindu family.He buy a land in 1978.His daughter got married in 1976.My father died 1990.That land document name is my father name.But he buy a patta name is my name and my brother name.And now my sister asked the equal share.who is the owner of the land?.My father or Me and my brother. Please clarify my doubt.thank you

Advocate S.Lakshmi Kanthan answered
i HOPE YOU ARE FROM TAMILNADU. WITH THAT BELIEF IM GIVING THIS ANSWER ACCORDING TO THE HINDU SUCCESSION AMMENDMENT ACT OF TAMILNADU 1990. ACCORDING TO TAMILNADU ACT, OF 1990(SINCE YOUR FATHER DIED AT 1990, THIS ACT ONLY WILL PREVAIL, AND NOT THAT OF THE 2005 AMMENDMENT ACT). aS YOUR SISTER GOT MARRIED IN 1976, SHE WILL NOT GET EQUAL RIGHT IN YOUR FATHER'S PROPERTY AS PER THIS ACT. BUT SHE WILL GET THE PROPORTIONATE SHARE OF YOUR FATHER.

Q: Husband filed a divorce case wants to transfer it to Chennai

Married 8yrs.1girl baby 7yrs old. but My husband drunk addict and also having illegal relationship with so many prostitutes.if I asked he beat me. Am working. He is not working. Without my knowledge he took so many nude pictures of me threatening me that he will upload Website. For safer side july 17 he applied divorce at his native tirunelveli. Now wkg in chennai want transfer from tirunelveli to chennai.

Advocate S.Lakshmi Kanthan answered
Hi, Im Advocate Lakshmikanthan, It is better for you to transfer the divorce case from tirunelveli to chennai. for that you have to file Transfer original petition in madras high court, for which you have to file your present address i.d. proof at chennai. You have to take immediate steps for that. i will aid you in this regard, get my contact number and contact me with no delay.ADV. LAKSHMIKANTHAN, T.NAGAR, CHENNAI.