Advocate Chandra Mouli VR

Questions Answered by Advocate Chandra Mouli VR

Q: Please help with my Fixed Deposit Issue

Good Evening,My father had quite a number of Fixed deposits in an NBFC called Tamilnadu PowerFinance, all of which were solely earned by him. The deposits were opened in His name and His mother's name, with his Mother's name as primary holder and his name as secondary holder. Some deposits were also opened with his Mother's name as Primary holder and my name as secondary holder and some with my sister's name as secondary holder. All deposits have survivorship clause as (E or S) ans (A or S)Both my father and my Grandmother passed away recently, Grandmother died first followed by my father a week later.Following that we approached Tamilnadu Powerfinance, submitted all relevant documents, and all the fixed deposit proceedings were paid to me and my sister. Now, my question is, my grandmother has one other daughter (my Father's sister). Does she have a right to the fixed deposit proceedings, even if all the money was my father's to begin with ?

Advocate Chandra Mouli VR answered
yes as per the law she has right to claim a share in your grand mother part but it has to be proved that the money deposited in her name is from your grand mother source of a income, for claiming. similarly you can also prove that the money deposited jointly by your father out of his income source

Q: Partition Deed Vs Release Deed

My grandfather died on October 2001. He has 1 house and 1 farm land. He died without writing will. He has 3 daughters and 1 son. These property was not partitioned till now. Now, his 3 daughters, his wife and his son came infront to partition the property.His three daughters and his wife are expecting money. They don't want any rights in property. They are agreed to sign the document. As the partition is not equal. Which one will be safer Partition deed or Release deed among family members? Will only the daughters have rights to cancel this partition deed? In future, if daughter's son went to court as the shares are not equal, will they have rights to file case ?

Advocate Chandra Mouli VR answered
partition deed is between the family members, based on the agreement of share it is done. whereas the release deed relinquish the rights over the property. since daughters and wife expecting money only, release deed with consideration can be made. The daughters son can be made witness to the documents, so that they are aware of the transaction. if required a letter of acceptance for the release may be adduced to the release deed from them to avoid future legal issues.

Q: Hi, Me and my family members are accused in 498a and 406 IPC, which was given falsely by my brother

Hi, Me and my family members are accused in 498a and 406 IPC, which was given falsely by my brother wife. She is from kerala and we are from Nilgiris tamilnadu the case is registered and we are about to receive the summons from their court for appearance we have taken the anticipatry bail. Id like to know if i can file writ petition in my district court where I reside for exemption my parents from attending the court as he is a senior citizen and my mother is also aged, I and my brother we'll attend the court without fail. Please advise

Advocate Chandra Mouli VR answered
dispensation petition to be filed at high court of the state for exemption of your parents from appearing in court. you have not mentioned in which state court the case is filed kerala or Tamilnadu.

Q: I am not in India wife is troubling parents can she file case

my 1st marriage broken. My 2nd marriage with a divorcee. not registered . since she is poor I spent money for marriage and all inc child birth. Now a female child of two years old but last I saw at her sixth month only. my parents are villagers and innocent and patients. they fear about my life. But my mother in law misguide her and whenever we go to see child they fight. All jewels including our jewel and her salary (not even a single rupee) with her mother only. Now I am NRI & she came to home stayed for one month and fight with my parents and is there a chance she file a dowry case now?

Advocate Chandra Mouli VR answered
Yes there are chances that she may file dowry and domestic violence case against you and your parents.

Q: My daughter age of 9 is with me and my wife left to her mother place

I like to ask mine wife has file the case for maintenance she tooked away from me and my daughter buy his mother at her home from past 4yrs . I need my wife to come back but there is no answer from her side ,what I can do ?

Advocate Chandra Mouli VR answered
There are 4 things that you can do. 1. File for conjugal rights, 2.apply for divorce under desertion as it is more than 2 years that she is seperated. 3. You can apply for visitation of your child and contest the maintenance case filed presently.