Advocate Sree K Sivakumar

Questions Answered by Advocate Sree K Sivakumar

Q: Divorce case if petitioner is living abroad

Will the divorce case gets dismissed if petitioner is in abroad? Is GPA acceptable? Or will the case runs even in the absence of the petitioner (petitioner currently staying in abroad)

Advocate Sree K Sivakumar answered
hi,yes u can file the case by taking GPA from the concern person. GPA will be accepted by the court after perusing the petition.you can run the case but at the time of trail petitioner presence is required. in case if he not attends the court at the time of trail court will dismiss the case.

Q: Father made gift deed of house in favor of one son can other son claim

we have 5 sons and 3 sisters, my fathers earned house is gifted to me for the reason of take care of him (Health), Did i get any problem with my brothers and there sons please give the answer

Advocate Sree K Sivakumar answered
HI,it is your fathers self acquired property and he is at liberty to do any thing with that property. if he gifted that propertyto you under registered gift deed none of your fathers legal heirs can do any thing with that property legally. you are in safe position.

Q: Someone trespassing land registered in my name through fake sale deed

There are two open plots registered on my name, which have been recently trespassed. On obtaining the Encumberance certificate the fake entry was reflected. I filed an FIR with the police station who seem to have investigated and orally reported to me about the fake sale deed and informed me that I am the genuine owner of the open plots. Police are insisting me to construct the compound wall immediately inorder to see if any third party is coming forward to claim the same. Should I go ahead with the compound wall construction without LRS as suggested by the police. The case is still pending. When will it close and what documents will the police hand - over to me. How can the fake name from Encumberance certificate be removed. Kindly guide me in this issue. Hoping for an affirmative response. Thanks & Warm Regards.

Advocate Sree K Sivakumar answered
HI,Immediately you file a civil suit against the trespassers in the appropriate civil court having jurisdiction of the property.you file civil suit for perpetual injunction and get interim orders from the court so that it will protect your right over theproperty. in your case court orders are more useful than any police officers report and findings.

Q: How to withdraw a mutual consent divorce

Thank you all for your valuable suggestions. That means there is no way of getting the divorce with in a month or two. I would like to know that, if other party (wife) after filing the divorce petition. if she try to withdrawn the mutual divorce, then how to get out of this problem. even i don't have kids. she left my house in just 10 months. Looking forward your valuable suggestions. Thank you.

Advocate Sree K Sivakumar answered
hi,your wife can withdraw the case after filing mutual consent u/s 13-b of h.m act. you make a compromise or settlement with your wife unless she is agreed no court will pass any divorce to you. you can file divorce on other grounds such as desertion and cruelty etc.

Q: Beers and water bottles sold at exorbitant prices at bars and hotels

I have been to bar recently , they are charging double the prices on beers , water bottles and soft drinks , I want to know whether there is any provision in excise law and other law where they can sell the products at exhorbitant prices, also suggest me whether I can claim damages , thank you

Advocate Sree K Sivakumar answered
hi,there is no law which says only some group of people or places can sell the products a higher prices.you can claim damages by approaching the consumer forum by way of filing petition before the forum.you need to prove your case by way of adducing proper evidence. price list of the those items which they are selling at higher prices etc.