Advocate Illamaran J

Questions Answered by Advocate Illamaran J (25+ answers)

Q: General power of attorney ( GPA) related query. Please can you help me

GPA between one person to in favour of other person, how it will be verified. I got a query: "GPA between Kishore to in favour of Siva"

Advocate Illamaran J answered
First, confirm that the GPA is properly executed and registered with the jurisdictional Sub-Registrar, as an unregistered GPA cannot be relied upon for property transactions. Second, verify the identities of both Kishore (principal) and Siva (agent) through valid ID proofs and photographs mentioned in the document. Third, check the stamp duty and registration endorsement to ensure legal validity. Fourth, examine the scope of powers granted in the GPA to confirm whether it authorises the specific act proposed (sale, lease, execution of documents, etc.). Finally, ensure the GPA is subsisting, i.e., not revoked, cancelled, or terminated due to death or incapacity of the principal.

Q: Transfer of FIR and chargesheet from AP to TN

I married to a person from AP and have 05 years old son. He absconded from the family from June 2022. I complaint to NCW. NCW sent the letter to DGP/ TN. But DGP TN directed to DGP AP. Based on this AP police filed FIR on 11.3.23. Now the charge sheet is filled in AP. I am forced to appear. I have to travel 200 km. Now my son is going to school. As I am living with my parents in Chennai, the case is required to be transferred from AP to Chennai. What to do?

Advocate Illamaran J answered
You can seek transfer of the criminal case from Andhra Pradesh to Chennai on grounds of hardship. File a Transfer Petition , citing that you are a woman with a minor child, residing in Chennai, and frequent travel of 200 km affects your child’s schooling and safety. Courts generally consider the convenience of the wife and child. Till transfer, you may also seek dispensation of personal appearance or permission to appear through counsel except when required.

Q: Partition of my dad's property

My brother asking for partition of our dad's property which includes my mother's property also because she is with him. But we are not interested in this partition how to stop him

Advocate Illamaran J answered
Your brother cannot include your mother’s self-acquired property in any partition without her consent. Only your father’s ancestral or self-acquired property (if he died intestate) can be partitioned among legal heirs. You cannot stop him from filing a partition suit, but you can contest it by filing a written statement and seek exclusion of your mother’s property. If the property is self-acquired and there is a Will or settlement, the claim can be dismissed.

Q: Chargesheet Delay – Need Legal Advice

FIR under 194(3)(i) later altered to 108 BNS (abetment). Arrested 28.08.2025. Bail denied thrice as investigation was early. Bail granted on 08.10.2025 after 42 days; no prior cases; PM report & Sub-Collector report pending. I complied 37 days daily-signing. All conditions relaxed on 17.11.2025. Now 107+ days passed, charge sheet still not filed. What does this delay indicate and what should I do next legally?

Advocate Illamaran J answered
You may now legally seek closure/compounding if applicable, file a petition for discharge once the charge sheet is filed, or approach the High Court under Section 482 CrPC to quash proceedings on grounds of prolonged investigation, absence of evidence, and violation of the right to speedy trial.But 107 days is too early because in some cases the charge is not filed more than 9 years

Q: Denied Patta - Settlement land

Our area has more than 1000 families residing and none of them have patta. Seems this area belongs to Settlement area. We have approached Government officials but of no use. Yet we are paying all taxes every year. Please suggest a way as we are not able to get any loans for reconstruction of our houses.

Advocate Illamaran J answered
File a joint representation with all residents’ documents like tax receipts, ration cards, Aadhaar, EB cards, and proof of long possession. If there is no response, you can approach the District Collector and, if needed, file a writ petition seeking patta/regularisation. Tax payment alone does not give title, but it strongly supports your claim.