Advocate A Selvam

Questions Answered by Advocate A Selvam

Q: How much share can a daughter get from great grandfather's property?

How much share can a Hindu women can get from the great grandfather's property ? Great grandfather's property is 25 acres. My grandparents, parents were passed away and I have one brother. My brother has two daughters(not married) and I have one son(married) and one daughter(married). Recently my brother passed away. In this situation, How much share I can get now?

Advocate A Selvam answered
Dear Madam /SirIt is understandable that as stated by you that your great grand father and grand father and parents have passed away leaving you and your brother alone as legal heirs to inherit the estate. But you have not stated in whose name the revenue Patta and other revenue records stands with regard to the land.Your brother has also passed away. In this circumstances you are in 4th degrees of succession. If the ancestral properties were not divided earliar, you and brother shall take equal share irrespective of that your son married and his daughters are unmarried.so you will get 1 share and brother's daughters will get 1 share that is ., 12.5 acres each.Hope you may understandWith RegardsSelvam.AAdvocate

Q: Cheque bounce, transferred money online, can he file for cheque bounce

Sir/Madam, one of my Cheque is bounced due to sign mismatch, But immediately on the same day I have transferred the same amount through online to the same account given in cheque. But the person is not giving back my bounced cheques. Can he file a cheque bouce case on me ?

Advocate A Selvam answered
Dear Madam/ SirGood Evening, Yes , But you have to contact your bank and has to intimate them that the amount for which your bank has returned the cheque due to signature mismatch hence I am transferring the cheque amount through Electronic transfer and reverify the signature in person with bank. But the returned is always returned. Instead you yourself could contact your drawee and inform him to come and receive the cheque amount and surrender the bank returned original cheque immediately to you.With RegardsSelvam.AAdvocateMadurai

Q: How to get a copy of the legal heir property

My brother already got legal heir certificate actually we were both fighting for my father property so how can I apply for the legal heir certificate Is there any possibility to get a copy

Advocate A Selvam answered
Yes, You could also get a copy of Legal Heir Certificate as obtained by your brother. But you have to verify with Tahsidar office with your jurisdiction, whether your brother has shown you as legal heir along with him in the certificate. Based on the details provided, you can also apply to the Tahsildar where your revenue area is lying, for a Certified copy of the same, attaching the death certificate of the person, to whose legal heirs are claiming certificate.RegardsSelvam AAdvocateMadurai

Q: Case filed under ipc sec 324 for beating student with stick what to do

sir i am a teacher. i beat a student with a stick for two beatings mildly due his indiscipline . the student filed a false case against me under ipc sec 324.during invstigation 75% of the students said in favour of me.25% of students said as it is the report given to media by him.he also has afalse medical certificate with him.in this situatuation what should i do.how can i proceed further.and also how the police can file the case uder 324.i beat him with astick.then how can they file under 324 not under 323.how can i proceed further on police for filing wrong sections

Advocate A Selvam answered
Dear Sir, Good Morning, You are not right, Indian Penal Code section 323 is used for causing of bodily injury only which is considered not severe in nature but section 324 is used against severe in nature causing of bodily injury with strick because you have used a stick -a weapon to beat the boy though the nature of injury may be mild, but using of stick is considered by law as weapon to attack a person that too a student is an offense. Do not worry, now a days people are more nervous against teacher's punishment to student, which they donot like , On those days, where people are very friendly with parents and will always say to the teacher, to beat his son allover body except his eyes till finishing study. But the situation has changed, if police are harassing you please get anticipatory Bail by a consulting a lawyer in your place. Regards, Selvam.S Advocate, Madurai .

Q: Can empty paper be used as a will for a dead person

my father has 10 cents as property and 4 heirs.. no one take cares my father except me & he died now im having his signed empty document can i have all his 10 cents without giving it to my siblings.

Advocate A Selvam answered
Dear Sir/ MadamGood EveningWill is a testament of his or her intention of how his property to be shared among persons of his like before last breath of a person who is making the WILL. Will has to be executed before death of a person making it with 2 witnesses signed.Empty paper is not valid.But a Will does not required registration.