Advocate A Murali Mohan
- Amaravati High Court, Andhra Pradesh
- District Court, Chittoor
Questions Answered by Advocate A Murali Mohan
Q: Sucession of property upon death
My father died about 7 years ago. He had property worth many lakhs but when he died all of the property deeds were handed to his parents by my mother. She was tricked and they did not retrun the papers back to her. She never signed anything or gave away the property willingly and then we moved abroad right after he died. She does not know of how many proprties and where they all are located. Is there any way to get those properties back now that I am legally of age, if so how would I proceed?
Advocate A Murali Mohan answered
Regaining control or ownership of property after such a situation involves a complex legal process and would require the assistance of a qualified legal professional, particularly one who specializes in property law and inheritance issues within the jurisdiction where the properties are located. Here's a general outline of steps that might be taken, though specifics can vary greatly depending on local laws and regulations:Gather Information: The first step is to try and gather as much information as possible about the properties in question. This might involve looking for any existing records you have, such as tax documents, insurance policies, or any correspondence mentioning the properties. You may also want to speak with relatives or family friends who might have knowledge of your father's assets.Property Search: Your lawyer can help you conduct a formal search for properties registered in your father's name. This might involve searching public records, property tax databases, and other registries that could provide clues about the properties' locations and statuses.Assessment of Inheritance Rights: Based on the local laws, your lawyer will assess your and your mother's rights to your father's properties. In many jurisdictions, spouses and children are considered primary heirs and have legal rights to inherit, even in the absence of a will.Recovery Actions: If it's determined that you have a legal right to these properties, your lawyer can outline the steps to recover them. This might involve negotiating with your grandparents for the return of the deeds or initiating legal proceedings to assert your inheritance rights.Legal Proceedings: If the case goes to court, you may need to prove that your mother was tricked into handing over the property deeds and that she and you, as heirs, have a rightful claim to the properties. This could involve presenting evidence of your father's ownership, your relationship to him, and any other relevant facts.Consideration of Limitations: Be aware that the statute of limitations (the maximum time after an event within which legal proceedings may be initiated) could affect your case. Your lawyer can advise on whether this might be an issue and if there are any exceptions that might apply to your situation.Possible Settlement: Depending on the circumstances, it might be possible to reach a settlement with your grandparents or whoever currently holds the properties. Your lawyer can negotiate on your behalf to try and recover the properties or receive compensation for them.Given the complexity and potential for significant legal and familial implications, it's crucial to approach this situation with careful consideration and professional guidance. The process can be lengthy and emotionally challenging, so it's important to prepare for that as well.
Q: My Wife Not Cooperated for Registration of the Flat
I booked an Under Construction Flat on Me & My Wife Names, As well Gone for Housing loan as I'm an Applicant and My Wife as a CoApplicant but Whole Money Transactions (Down Payment & EMIs) paying by Me Only. It's in triparty agreement due to Some Family issues My Wife Went to their parents house and Filed 498 and other Cases. Those cases are running in the CourtThe Flat Construction Completed but The builder not willing to register on My Name solely & My Wife not Cooperating for registration
Advocate A Murali Mohan answered
The situation you're facing is indeed complex and involves both legal and personal considerations. When you're dealing with property registration issues amidst family disputes and legal cases, it's crucial to navigate the situation carefully. Here are some steps and considerations that might help you address the issue:Understand the Legal StanceTripartite Agreement: Since the property was booked under both your names and involves a housing loan with both as parties (you as the primary applicant and your wife as the co-applicant), the builder's hesitance is understandable. The builder is likely trying to avoid any legal complications that could arise from a dispute between you and your wife.Potential Legal AvenuesMediation/ Negotiation: Sometimes, through legal counsel, a mediation process can be initiated where both parties try to come to an amicable solution regarding property registration. This might involve agreeing on conditions that satisfy both parties enough for the registration to proceed.Court Intervention: If negotiation fails, seeking court intervention might be necessary. Your lawyer could file a petition seeking direction for the registration of the property in your name, considering you have been the one making all financial contributions towards it. However, the court will consider various factors, including the nature of the ongoing cases, the source of funds for the down payment and EMIs, and the intent behind having both names on the agreement.Settlement Agreement: If there are ongoing divorce proceedings or if such proceedings are initiated, the property issue can be settled as part of the divorce settlement. This might involve either party agreeing to relinquish their claim on the property in exchange for some form of compensation.Documentation and ProofKeep meticulous records of all transactions and communications related to the property and loan payments. This includes bank statements, loan documents, and any correspondence with the builder or your wife regarding the property.Document attempts at negotiation or mediation with your wife regarding the property registration, as this could be relevant in court proceedings.Builder's PositionUnderstand that the builder's refusal to register the property under your name alone without your wife's consent is to avoid being embroiled in legal disputes.
Q: My question is about electric fencing in Andhra Pradesh
Hi Sir/Madam. I am a general resident in a village in Nandyal District.I want to put electricity fencing for my house which has low voltage.is it legal.If I want to take any permission from authority.So what is the name of that authority.How can I get it done legally.Thanks for your response in advance!
Advocate A Murali Mohan answered
Installing electric fencing around your property for security purposes requires careful consideration of legal regulations and safety standards. In India, the legality of electric fencing is governed by specific guidelines to ensure it does not pose a danger to people or animals. Here's how you can approach this:Understand the Legal Framework:Electricity Act, 2003: While this act primarily regulates the generation, distribution, transmission, and trading of electricity, any installation involving electricity must comply with safety standards to prevent harm.Local Municipal or Panchayat Regulations: Local authorities may have specific rules about the installation of electric fences, especially in residential areas.Permissions and Approvals:District or Local Authorities: You may need to seek permission from the local municipal corporation or panchayat office in Nandyal District. They can provide guidelines on what is permitted in your area.Electricity Department or Board: Since this involves the use of electricity, you might also need to consult with the local electricity board or department for any regulations or safety standards that must be followed.Safety and Standards:Ensure that the voltage and type of electric fence you plan to install are specifically designed for deterring intruders without causing serious harm or injury.The installation must be done in a manner that it does not pose a hazard to the public or animals.Signages warning about the electric fence should be prominently displayed to alert people, as required by law.Consulting with a Professional:It is advisable to work with a company or professional who specializes in electric fencing. They would be aware of the legal requirements and ensure that the installation complies with all safety standards.A professional service provider can also assist in obtaining any necessary permissions or approvals.
Q: ILLEGAL TRASFER of Property by Uncle's
HiMy Uncle's (Hindu Religion) have Registered my Grandfather's Property without my consent. And it is mentioned as Partition among Family members in EC.My Grandfather means my Mother's Father.My Grandfather, Grandmother and my Mother died before 10 years.Can I file a Police Case on my uncle's for ILLEGALLY TRANSFERRING PROPERTY without my permission?If yes, please let me know the Fees of Advocate who can file an FIR.
Advocate A Murali Mohan answered
In the context of Indian law, particularly under the Hindu Succession Act, if your grandfather's property was transferred or partitioned without recognizing the legal heirs' rights, it could indeed be contested. However, it's important to differentiate between criminal and civil legal actions in this context.Civil vs. Criminal ActionCivil Action: Your situation seems more suited for a civil action, where you would contest the partition or transfer of the property in court, asserting your rights as a legal heir. This involves challenging the legality of the property transfer in the court, seeking to have the transfer declared null and void, and to have the property rightfully distributed among all legal heirs.Criminal Action: Filing a police case or FIR (First Information Report) would typically be appropriate if there was a criminal act involved, such as forgery or fraud in how the property was transferred. For property disputes that arise out of civil matters, like inheritance and partition, police might often consider it a civil dispute and suggest taking it to the civil court.
Q: Minor property sale registration how much
How to get registration for minor property sale with court orders ?
Advocate A Murali Mohan answered
Selling property owned by a minor (a person under the age of 18 in India) involves a specific legal process, as minors are considered incapable of protecting their own interests according to the law. Any sale of minor's property must be executed in their best interest and requires prior permission from the court. Here’s a simplified overview of the process to obtain court orders for selling property owned by a minor in India:Application for PermissionPetition to the Court: The legal guardian or the next friend of the minor needs to file a petition in the appropriate district court or family court seeking permission to sell the property belonging to the minor. The application should clearly state the reasons why the sale is necessary and in the best interest of the minor.Documents Required: Along with the petition, the guardian must submit all relevant documents, including the property deed, the minor’s birth certificate, and any other pertinent legal documents that justify the need for the sale.Court ExaminationNotice and Hearing: The court will examine the necessity of the sale and may issue notices to close relatives or any interested party to the transaction. A hearing date will be set where the guardian must present the case.Appointing a Guardian ad Litem: The court may appoint a guardian ad litem to represent the minor’s interests during the legal proceedings.Valuation of the PropertyThe court might require an official valuation of the property to ensure that the sale is conducted at a fair market price and is in the minor's best interest.Court OrderApproval or Rejection: Based on the hearing and the documents presented, the court will decide whether selling the property is in the best interest of the minor. If the court is satisfied, it will grant permission to sell the property under specific conditions that protect the minor's interest.Conditions: The court may impose conditions such as depositing the sale proceeds in a minor’s bank account or investing it in a manner that benefits the minor until they reach the age of majority.Execution of SaleOnce the court grants permission, the legal guardian can proceed with the sale of the property in accordance with the court's order. The sale deed should be executed mentioning the court’s permission and under the supervision of the guardian.Reporting to CourtAfter the sale is completed, the guardian may be required to report back to the court with the sale details and how the proceeds are secured for the benefit of the minor.
Frequently Asked Questions about Advocate A Murali Mohan
Can Advocate A Murali Mohan represent me in court?
Yes, Advocate A Murali Mohan can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate A Murali Mohan?
When you meet with Advocate A Murali Mohan for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate A Murali Mohan?
Before your initial consultation with Advocate A Murali Mohan, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate A Murali Mohan?
During your initial consultation with Advocate A Murali Mohan, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate A Murali Mohan?
It is important to communicate with Advocate A Murali Mohan regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate A Murali Mohan?
The cost of hiring Advocate A Murali Mohan can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.