Advocate B. Thirunavukkarasu

Questions Answered by Advocate B. Thirunavukkarasu

Q: Younger brother wants to claim share in elder brother's property

can an younger have a claim on the properties purchased by his elder brother on his own earnings?

Advocate B. Thirunavukkarasu answered
Sir,Certainly not, anyone property bought out of earnings can be alienated/transferred to anyone to those who are not relatives too. Likewise you cannot claim any share from your brother from his property which was purchased through his own earnings.

Q: Girl's Parents Not Agreeing For Marriage

Both of us are adults.. Am 26 and the girl's about 22 years old.. Just want to know what can be done just in case am not able to convince their parents and if the girl ends up being house arrested.. What can be done from our end..how much would be the max and min cost involved, if I need to have a lawyer's assistance..please advise

Advocate B. Thirunavukkarasu answered
Sir,If your girl friend is strong enough to come with you, then if she got house arrested you can very well seek the support of police to bring her out. While Police interrogation she should say that she wants live with you.

Q: Procedure to file child custody in India already have US child custody

I have 2 kids aged 5 and 3 and both are USA citizens. My wife brought them to India without my notice and I have Usa permanent child custody both legal and physical. My wife though she is aware of USA child custody she has filed for GWOP seeking permanent child custody in India. Also claimed maintenance under section 125 where interim maintenance petition was denied as no abuse has been found. How I can argue my child custody and win the custody of kids also in India.

Advocate B. Thirunavukkarasu answered
Sir,From your words i can understand that, you had obtained custody order at USA. Then you are supposed to come and participate in the cases filed by them, moreover they may file IA to question the validity of judgment passed at USA. The only solution is that you have to defend the case in India. If have any option to bring back ur children, do the same at USA.

Q: Bought a plot on my own earrings do I need husband for registration

I bought a plot by my own earnings. While selling, whether my husband and son sign is required?. Plot is in my name.

Advocate B. Thirunavukkarasu answered
Madam,If the said property is bought in your name, out of your own earnings and the document registered sale deed pertaining to the said property, any contents saying that any the money received from husband/son while buying this property or in other words, if the sale deed shows only your name as absolute owner, then while selling the same your husband's/son's signature is not required. But the buyer may insist their signature in order to protect them from future consequences.

Q: How to transfer the property from mothers name to my name

I purchased a flat in 2005, when i was in abroad with NRI money. since i was there, the flat was registered in my mother's name. After her demise, what will happen? What should i do to change the title? i have a sister & father. Both are alive.

Advocate B. Thirunavukkarasu answered
Sir,Whether the details what you have narrated here is incorporated in the purchase(sale) document as your mother purchased the said property for you ,since you are in abroad and if not so, try to get settlement for the said property by stating clearly the situation in the new settlement deed.