Advocate Hemalatha Narayanan

Questions Answered by Advocate Hemalatha Narayanan (100+ answers)

Q: Purchase power issue while buying the property

I am planning to buy property in Chennai. Property is inherited property from the owner to his legal heirs(2 Sons and 1 daughter). Elder son is residing in abroad. He gave power to his son vetri. Now Vetri is also went to abroad. Is it possible to cancel the power from abroad since both of them in abroad now? Also once it is cancelled.. can he give power to his brother who is residing in chennai.? If this is feasible, shall i buy the property with younger son and daughter signature ?

Advocate Hemalatha Narayanan answered
Yes. The elder son can revoke the Power of Attorney executed in favour of his son, Vetri, even though both are presently residing abroad. Under Sections 201 and 203 of the Indian Contract Act, 1872, the principal is entitled to revoke the agent's authority, subject to the terms of the instrument and the exception under Section 202 (agency coupled with interest).The elder son can execute a Deed of Revocation of Power of Attorney before the Indian Consulate/Embassy or an authorised Notary Public in the country where he resides, following the applicable authentication requirements. A copy of the revocation should be communicated to Vetri and all concerned parties. If the original POA was registered, appropriate registration formalities for the revocation should also be completed.Thereafter, the elder son can execute a fresh Power of Attorney in favour of his younger brother, who is residing in Chennai, authorising him to execute the sale deed on his behalf.Regarding your purchase: Since the property devolved upon three legal heirs, namely two sons and one daughter, all three must either execute the sale deed themselves or be duly represented by legally authorised Power of Attorney holders. Therefore, the signatures of only the younger son and daughter will not be sufficient to convey the entire property if the elder son's share is not represented.My suggestion: Before paying any advance, verify the original title deeds, legal heirship documents, existing Power of Attorney, proposed revocation deed and encumbrance certificate. Ensure that the elder son's fresh POA is validly executed and authenticated and specifically authorises the sale of his undivided share.You may proceed with the purchase only after ensuring that all three legal heirs validly convey their respective interests through a properly executed and registered sale deed.

Q: HUSBAND REFUSED TO PAY HOME LOAN EMI

My husband abandoned me and our children, refuses to pay home-loan EMIs, and has filed an OS alleging fraud to remove my name from our registered property title. I have a DVC residence order protecting our residence, but it does not direct EMI payment. The loan is now with JMFARC, and recovery proceedings threaten our home. What urgent legal remedies can I pursue to defend my ownership, compel my husband to contribute to EMIs, and protect our home?

Advocate Hemalatha Narayanan answered
You may urgently pursue remedies under the Domestic Violence Act, 2005, and the civil and matrimonial laws applicable to your case. First, obtain the complete pleadings in the pending OS and file a detailed written statement with supporting documents to establish your ownership rights and rebut the alleged fraud. Seek an interim injunction under Order XXXIX Rules 1 and 2 CPC, wherever maintainable, to restrain unlawful interference with your title or possession.

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 Hemalatha Narayanan answered
The limitation period for filing an appeal against a divorce decree depends on the applicable law and the court that passed the decree. Generally, under Section 28(4) of the Hindu Marriage Act, 1955, an appeal must be filed within 90 days from the date of the decree or order. Under Section 19(3) of the Family Courts Act, 1984, the limitation period is generally 30 days for appeals covered by that provision. The applicable provision must be verified based on your case. If the limitation period has expired, a delay condonation petition may be filed along with the appeal, explaining the reasons for the delay.

Q: Son given property back to him

Out of 3 Sons, one son settled a property to his mother to enable her live happy life. Mother did not sell the property in her lifetime. After mother's death the property should be returned to that particular son only or it should be shared by all sons ? Kerala State amendment of section 15 made to that son only. Why not all over India?

Advocate Hemalatha Narayanan answered
Upon an intestate death, the property devolves in accordance with the rules of succession (such as the Hindu Succession Act, 1956, assuming the parties are Hindu). Once the mother became the absolute owner, the property forms part of her estate. Consequently, upon her death, her legal heirs—which include all three sons (or any other surviving Class I heirs)—are entitled to inherit the property equally, unless there was a specific legally binding condition in the original settlement deed stating that the property would revert exclusively to the son who executed the settlement.

Q: Motorbike accident on road with pedestrian

I was driving bike in the rain at low speed and out of nowhere 2 person came before me and I accidentally clashed with them ..one of them had a fracture hand no injuries for other, we took him to the hospital near and they filed a case...it been one month and now police summoned us to file fir and asked us to sign other documents too .They also changed the narrative of what happened on that day saying that it will be helpful for us..what action we should take how the case will proceed?

Advocate Hemalatha Narayanan answered
You should immediately obtain copies of the FIR, complaint, accident report, medical records and all documents you were asked to sign. If the police have altered the facts or prepared statements that do not reflect what actually happened, do not sign any further incorrect documents. Preserve photographs, CCTV footage, dashcam footage, if available, and details of witnesses. Consult a local criminal lawyer to examine the documents and advise you on submitting a written representation to the investigating officer and, if necessary, the jurisdictional Magistrate. The case will generally proceed through investigation, collection of medical evidence, and a decision on filing a charge sheet or closure report, depending on the facts and applicable law. Since the accident resulted in a fracture, the exact allegations and medical opinion are important. Do not ignore any police notice or court summons. Please share the FIR sections and clarify whether you have already signed any statement admitting fault or describing the accident differently. This will help determine the appropriate legal remedy.