Advocate Elango D

Questions Answered by Advocate Elango D

Q: How long time to take appeal for divorce case in hight court

How long time to take appeal for divorce case and file seat petition in court . The seat means what how to do this seat petition

Advocate Elango D answered
The limitation period for filing an appeal against a divorce decree generally depends on the court that passed the decree and the applicable matrimonial law. In many cases, an appeal to the High Court must be filed within 90 days, but the exact period should be verified under the applicable law and procedural rules. If the limitation period has expired, a delay-condonation application may be required, explaining the reasons for the delay.A “stay petition” is an application seeking to suspend the operation or execution of the divorce decree pending the appeal. It is generally filed along with the appeal, supported by an affidavit stating the relevant facts and grounds for interim relief.Please share which court passed the divorce decree, the date of the decree, and whether it was passed ex parte or after contest. Based on these details, the appropriate appeal procedure and interim applications can be determined.

Q: Elder brother is forging our father’s signatures to illegally inherit

My father owns a self-acquired property. Currently, he is under the care of my elder brother. My father is no longer capable of self-identification and is not of sound mind. My elder brother is forging our father’s signatures to illegally inherit the property. Can I file a petition to protect the property? Please guide me on this matter.

Advocate Elango D answered
Yes. If the father is the absolute owner of the self-acquired property and is presently incapable of understanding or managing his affairs, the property cannot lawfully be transferred merely by another son forging his signature. You may take immediate steps to protect the property, including lodging a police complaint regarding the alleged forgery and, where necessary, approaching the civil court seeking a declaration/injunction restraining any alienation or encumbrance. If any forged document has already been registered, appropriate relief for cancellation/declaration can also be sought.

Q: REGARDING INHERITANCE OF PROPERTY FROM ANCESTORS AND FROM MY OWN FAMIL

I AM A HINDU AND PROPER DOCUMMENTS AND WILL IS THERE FROM MY FATHER IN LAW BUT I AM NOT ABLE TO GET THE POWER OR TRANSFER OF OWNERSHIP THROUGH RELEASE DEED OR POWER OF ATTORNEY FROM MY MOTHER IN LAW...WHAT IS THE IMMEDIATE AND PERMANENT SOLUTIONS CONSULT AND CONTACT ME AS SOON AS POSSIBLE....AND SOME ISSUSES IN LEGAL HEIR IS THERE PLEASE SOLVE IT ...ITS BEEN MORE THAN ONE YEAR AFTER THE DEATH OF MY HUSBAND ...ALL OF THEM ARE IMMOVABLE SMALLER PROPERTIES IN AND AROUND ERODE AND NAMAKKAL DISTRICT

Advocate Elango D answered
The issue requires examination of the title documents and the complete legal-heir/family details. If the properties originally belonged to your father-in-law, your right depends on whether they were self-acquired or ancestral and whether your husband had inherited any share. A daughter-in-law does not automatically become a legal heir of her father-in-law merely because of marriage. However, if your deceased husband had a vested share, you may have succession rights to his share along with other Class-I heirs, depending on the facts. A Release Deed or Power of Attorney cannot ordinarily be obtained by force. If the concerned heirs are refusing to cooperate, appropriate legal remedies such as declaration, partition and separate possession, or other proceedings may be available. The fact that more than one year has passed since your husband's death does not by itself extinguish succession rights. Please consult with the title deeds, parent documents, encumbrance certificates, death certificates and complete legal-heir details for each property so that the appropriate immediate and permanent remedy can be advised.

Q: POWERLOOM SHED PLACED INFRONT OF MY HOUSE AND ANGANWADI

Jan 2026 Powerloom shed Placed infront of my house and shed....three powerlooms operating simultaneously High Noise ... Only GI sheet provided as physical shield no sound control measures provided

Advocate Elango D answered
The operation of three powerlooms in front of a residential house causing excessive noise can constitute a nuisance and may attract action under the applicable noise pollution laws. The fact that only a GI sheet has been provided as a physical barrier does not necessarily mean that adequate noise-control measures have been taken. You should document the noise and the timing of operation and make a written complaint to the Tamil Nadu Pollution Control Board requesting inspection and official noise-level measurement. You may also approach the local authority and police/Executive Magistrate if the nuisance continues. If the prescribed noise limits are found to be exceeded, appropriate legal and regulatory action can be sough

Q: MY CCTV CAMERA BROKEN BY NEIGHBOUR

I had installed two CCTV cameras behind my house for our safety. In a dispute with family residing behind my house, a lady broken those cameras on 29.07.2026. I had filed a police somplinat regarding this, but still no any action taken by police. what can I do, I need recovery for that damage and criminal action too on that lady. The broking footage is recorded with me. kindly guide me.

Advocate Elango D answered
Since the incident is supported by CCTV footage, you have a prima facie case for taking criminal action against the person who intentionally damaged the CCTV cameras. You should preserve the original CCTV footage and obtain documents proving the value of the damaged cameras. As a police complaint has already been submitted and no effective action has been taken, a detailed representation may be submitted to the Superintendent of Police under Section 173(4) BNSS. If no appropriate action follows, an application can be filed before the jurisdictional Magistrate under Section 175(3) BNSS seeking appropriate investigation. Separately, you may claim the cost of the damaged cameras/repair or replacement expenses from the person responsible through appropriate civil proceedings. The exact BNS provision will depend on the proved value of the damage and other facts of the incident