Advocate D. Maharajan

Questions Answered by Advocate D. Maharajan

Q: Father made will before his death but brother is refusing to probate

Father written will about the properties. He dead right now. But my brother is not willing to open the matter written in will. How can I know about that will

Advocate D. Maharajan answered
Unless or otherwise disclose the content of the Will by a person who hold it there is no chance to know it. In this circumstances You may approach an appropriate court for asking partition at your father's property.

Q: Do we have rights in this property

Agricultural land in vellore, its my mothers ansestor property(her grandfathers). When my mother was alive she has written the property in my brothers name without daughters(3 ppl) signature. Do we have rights in this property. Mother not alive now. My brother is not ready to give a share to us (3 sisters includine me). Kindly advice.

Advocate D. Maharajan answered
You are entitled for equal share on your mother's ancestral property , according to your statement it is not clear your mother's property transferred to your brother by registered document or not. Any have you ask for partition from that property.

Q: What is the procedure of contested divorce

I am getting divorced by mutual consent but my husband is not willing to give me maintenance. He says if u want u can contest for divorce. After divorce what is my chance of winning if i file maintenance case as per sec 125 cprc

Advocate D. Maharajan answered
According to Sec 125 (4) CrPC , after getting a divorce decree by mutual consent you may claim maintenance from your ex husband , if you remain unmarried and if you are unable to maintain yourself . Your prayer in the Divorce on mutual consent is an important factor.

Q: How to get property registered when the last owner died

My father brought an property from a person in 1994 with proper stamp paper along with witness person in the village.. the agreed amount also settled to the person. But it not registed in revenue department. But the land tax ,water tax and electricity bill paid update this month from 1994. Since my father moved to new place .. He want to sell that property. For registration the first owner need to sign.. So he approched to there family. And the person who sold had died and he did not have any children..Her wife agreed to sign.. But during registration she is not signing..My father told if you want take this property and give the current market value and extra construction which I did.. For that also she is not ready to take . And not leaving to sell Please give me some input . How to proceed?

Advocate D. Maharajan answered
According to your statement the property in dispute is not registered but amount paid to the owner of the property. You mentioned about the witness. Now the following question Arise1. Who hold the actual possession of disputed prpoety ? 2. Are The predeceased owner of the property and other witnesses are signed in the stamp paper that is sale deed or not? . Now more then 20 years gone. The legal heir that is wife of the owner refused to register the property to your father in this circumstances You may approach an appropriate court for your remedy.

Q: Father purchased land on mother's name want to claim share in property

My father purchase the land with house in my mother name in 1980's and my father exp 2009 after that my mother join with my sister and doing all against me and now they selling the property in our home town with out my knowledge hw can i block the same, property location insirkazhi near chidambaram tamilnadu

Advocate D. Maharajan answered
First you see the document belongs to your mother's property. If it is prepared as Self acquired property , you have no remedy against the Sale. According to your statement your father has no role in the property . Any have fully reading the document will reveal the fact.