Advocate B. Thirunavukkarasu

Questions Answered by Advocate B. Thirunavukkarasu (100+ answers)

Q: Validity of dhana settlement as per Hindu Laws

Sir, My father has executed a Dhana settlement gifting all his self acquired properties to his own brother where as my father has his own wife, two married daughters and one major son. The settlement was witnessed by his wife only. we are Hindus. , I want to know whether the Dhana settlement is valid as per Hindu law and what is the dhana settlement rules ?

Advocate B. Thirunavukkarasu answered
Sir/Madam,Normally 'Dhana Settlement' is absolute in nature and irrevocable too. Unless if any clause specifically contains revocable points your father can repudiate the same at any time. But as far as your claim is concerned according to me there is no hold for your mother, daughters and son, since your constituted settlement for his self acquired property. You have check there is any other possible points there to declare that the property is not self acquired and bought from your mother's sridhana property or from ancestors money.

Q: Can I get a registered gift deed cancelled? What is the time limit for cancellation of a gift deed?

My grandfather owned agricultural land, which he gifted to my mom and my uncle (my dad's brother) through a registered gift deed. Now, after 3 years, my grandfather wants the land back because he feels my uncle is controlling him and trying to take the land from my mom. Is the gift deed cancelable since it’s registered at the register office? What is the time limit for cancellation of a gift deed, and what are the grounds for cancellation of a registered gift deed? Can a gift deed be cancelled after 10 years?

Advocate B. Thirunavukkarasu answered
Sir/Madam,Normally a gift registered is become absolute, provided any condition mentioning like that of revocable clause in the said gift deed your grandfather can cancel the deed. Otherwise the said gift deed will be absolute and it cannot be cancelled or registered in some other's name.

Q: Can i talk to a judge about my case personally when my case is called upon ?

I want talk to judge personally about few things in court when my case is called for. Is it allowed?? how to talk to judge in court ?

Advocate B. Thirunavukkarasu answered
Sir/madam,You cannot just like that, talk with the Judge personally, provided you have to make a request stating that you want to share some information in 'in camera' proceedings, and if the Judge accepted for the same, after calling hours you will called inside the Judge's Chamber and you can express your view there.

Q: How much marriage expenses and maintenance can wife claim ?

Dear sir/madam, I got married on 2015. I want to file for divorce against my wife on mental cruelty and adultery. I am having evidence for her adultery messages with her boy friend. If i initiate divorce how much amount they can claim for marriage expenses and for maintenance. They would have spend 10 laks for marriage, but i know they will claim around 30 laks. I am from poor family and i cant event give 3 laks. I am 25 years old. Can u clear my doubt that can marriage expenses be claimed in divorce? whether i have to give all the amount which they spent for marriage. Please suggest me how can i negotiate the marriage expense money. On which basis they can claim money. We both are hindu.

Advocate B. Thirunavukkarasu answered
Sir, fist you have cause a legal notice regarding your proposal to divorce your wife, for the notice you have caused they may sent reply, through that you can very well can infer the pulse of your wife side. As for as claim on account of maintenance and expenses is concerned it is not fixed or any thumb rule is available.

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.