Advocate Arvind Srevatsa

Questions Answered by Advocate Arvind Srevatsa

Q: Procedure for updating probated will in encumbrance certificate

Hi, I have probated the will from name X to Y and got the probate document. I have changed the property, water, electricity name to Y. But how can i update this detail in EC (Encumbrance certificate)? Is it necessary to update in EC with new name y if so how can i do that. property is in chennai, Tamilnadu. If I don't update the EC with new name (Y), will i get any issue in future if i want sell it

Advocate Arvind Srevatsa answered
If the probate has been obtained, it is advisable that the EC and the revenue records are changed in your name. You will have to apply for an EC as on date. If the entry of probate does not appear, please write a letter to the concerned SRO requesting him/her to add the entry.

Q: Share of the daughter in the property of grandfather

Currently land is in my grandfather name.. my grandfather has 3 sons and 2 daughter.. my doubt is whether daughters have rights to ask share ? If yes, then In case if daughters are not there , do their children have rights to ask grand fathers asset

Advocate Arvind Srevatsa answered
After 2005, the daughters have equal rights as coparcenars. In case of death of the daughter, the children will be able claim as legal heirs of the daughter. This is subject to any testamentary disposition, date of marriage of the daughter, date of death and the age of the children.

Q: Eviction of tenant on the ground of non payment of rent

We live in madurai , with oral agreement a tenant occupied our house and now for past 2 yrs no rent has been paid and the house is also locked , we have lodged a complaint in police station , police said we ll break the lock and keep tenant things in one room and we can use the house . We really dont kn how to vacant this tenant kindly guide us .

Advocate Arvind Srevatsa answered
The best course of action is to file a suit for recovery of possession. But, since the tenant has absconded with the house locked, you may not be able to complete service of summons to him/her. The police may not be able to help any further because this is a civil dispute.

Q: Legal advice in case want to start business on disputed land.

I want to start business in the land under partition suit, some one put case with 100 year old document, itsadw for me to stop my business, please help me

Advocate Arvind Srevatsa answered
To answer your question briefly, if the land on which you want to start your business has not been partitioned, it may be advisable for you to wait because till the partition is done, you won't know which portion of the property is yours. I would require more details on the litigation history to be able to take it any further.