Advocate Archana Boopalan

Questions Answered by Advocate Archana Boopalan

Q: How much time does a cheque bounce case take to conclude

How long will it take for recovering Money from the cheque issuer whose cheque has been bounced?

Advocate Archana Boopalan answered
Firstly, send a notice to the drawer demanding the payment of cheque amount immediately. If the drawer doesn't make the payment within fifteen days of your notice then you can sue him by filing 138 complaint.

Q: How is amount of Alimony calculated in Mutual Divorce

If mutual consent is filing...then compensation is possile..for the wife...who is prior first party or second party

Advocate Archana Boopalan answered
Well, the amount of maintenance and other arrangements form part and parcel of the agreed terms. The parties have to mutually agree to the demand placed by other part before presenting the petition. On the date of evidence after six months either part have to fulfill your agreed terms.

Q: Husband died wife and kids want legal heirship of his fathers property

A father was died on 2001. The family members, mother, two sons and two daughters had filed the application for the tasildar office for their hair certificate. In the meanwhile elder son was died. The deceased son has a wife and two children. Now, who are entitled for heirs?

Advocate Archana Boopalan answered
Hello! Well, wife of deceased, a son, two daughters and wife and children of deceased son constitutes legal heirs of deceased father. As such each of you are entitled to 1/5th share which depends on your religion. The 1/5th share of your deceased son goes to his wife and children.

Q: Procedure to file for divorce without appearing before the court

hi, i am a student abroad. my husband filed for divorce case last year November and case is going on. I want divorce too. The judge advised their lawyer to send the summon to me two months back, and i still did not receive it. our next case hearing is in december. I appointed a lawyer and i am not able to give her POA since i did not receive the summon. I asked her about me going to india and filing for mutual divorce. My lawyer said in recent times, mutual divorce needs three appearances- one for filing, one for councelling and one for judgement. Since i am a student abroad, i cannot afford to appear 3 times. Please tell me a way to get the divorce orders soon with minimum apperances. ( we both want divorce now and the problem is i am a student abroad). Please advise

Advocate Archana Boopalan answered
Better option is to file mutual. Takes just two hearings provided your papers are kept ready, once you have to be present for filing or presentation of your mutual petition and then after six months on the date fixed for evidence. Dats it the order would be delivered on the same day.

Q: Laws governing renting a commercial property

Hi Sir, We have a land on main road in our village (Tamil Nadu state). We want to build some shops in the land and give it for rent. But my father is very scared to do it. Becoz of following reason. One person did the same (rented his shop) in our village. After few years landlord asked the tenant to vacate the shop. But tenant refused to vacate and he said that he incurred some losses in his business so he wanted to run the shop for few more years and also tenant filed a case in court. It seems judgment came in favour of tenant. So kindly request u to provide clarification for below queries. 1. How to avoid above mentioned scenarios. (In our village, mostly we don’t use tenancy agreements) 2. What legal action we can take if tenant refuses to vacate the shop. 3. If shop is occupied by tenant for certain years, can tenant legally take the ownership of the shop? If there any Act / rule in favour of tenant side.

Advocate Archana Boopalan answered
Well, firstly enter into an agreement with the tenant and get it registered, the registration is made compulsory as per the amended laws. And make sure with the terms and clauses for the period of tenancy, nature of business, hike in rent and to vacate the premises as per your convenience. The new rent control Act is landlord friendly so you don't have to be worried. If you want the tenant to vacate just serve a prior notice before 3 months and if the tenant doesn't respond to your request you can initiate legal proceedings and prove your claim.