Advocate Baskaran

Questions Answered by Advocate Baskaran

Q: Can my son property be attached for father dues?

HelloMy father had taken hand loan of Rs. 10 lakhs each from a couple in the year 2017 and in return he had executed two seperate pronote worth 10 lakhs. They filed suit in 2019 asking for the amounts and the decree was passed in their favour. Now, they have filed EP. My father had a property worth 2.5 crores at velachery, chennai till 2018 and subsequent out of love he had settled the same to me. My question here is Can a decree holder attach my velachery property for my father's dues? If yes, Will Court attach my property worth (2.5 Crores) which is more than decree amount (20 lakhs totally)? Kindly, help me pleasennThank you

Advocate Baskaran answered
Sir your father had executed a gift deed in favour of you 2018 cheque Bounce case for damages suit 2019 in the year 2018 you became the owner of the property so for recovery of money the execution proceedings against your property is not legally possible . if the execution proceedings will be initiated against your property you have very good chance to win the case

Q: The validity of POA notarized in the USA for sale of property in India

Hi, I would like to send a POA to my sibling for the sale of property in India. We are joint owners of the property. I am getting the POA notarized in USA from a notary public and also getting it apostilled here in the US. The embassy here said that India being part of the Hague convention. an apostille is enough and no embassy attestation is required if an apostle is done by the state officials here. My sibling will then register the POA at the registrar office and get the sale done. Please let me know if this is fine.

Advocate Baskaran answered
It is fine job done by you.If you get apostle or not, the POA can be registered along with your postal or courier cover.The registration fees of POA will vary state to state in India.You can verify with local document writer.

Q: Whether a rectification deed need to be made

Hi, Thanks in advance for the reply. I had registered a plot in Tamilnadu 2010 and the parent document described the survey no 57 block no: 2 T.S No: 4. No while the try to apply the Patta (one of the Official document to start constrution), i was told at the thasildar office that this plot comes in survey no: 57 block no 2, T.s no: 24/2. and they have to get the rectification deed for the same. I have 2 question 1. I am not sure what to do next, 2.My plot's previous owner does not exist any more. what to do in that case.

Advocate Baskaran answered
if your previous owner alive,simply you can rectify the error through registered rectification deed. Now you can rely on your parental documents, then apply for patta transfer when it is rejected by revenue authorities you may approach high court through writ

Q: Property sold by father without permission during minor years

My age is 38 now can I get back my minor property sold by my father without my permission

Advocate Baskaran answered
Sir you can claim your minor property from your father within 12 years period after attaining majority.Now your age is 38 years.The limitation period is 12 years plus 18 years so 30 years.Therefore your claim is a time barred one.