Advocate K Alakendran

Questions Answered by Advocate K Alakendran

Q: Agreement to sell land but seller not willing to sell

I (buyer)made an agreement to buy land for 23 lakh ,made advance payment of 8lakh and to pay remaining amount within 6 month but now seller is not willing to sell, he(seller) want to cancel it but I want to buy the land, what to do now still 6month is not completed

Advocate K Alakendran answered
if your agreement have specific performance clause u can file suit for specific performance and get sale deed through court. before that u issue anotice stating that u are ready to pay balance consideration and ask the seller to execute sale deed

Q: Query on Transfer of property of a dead parent in absence of any will

My mother ( assistant section officer, TN government ) passed away in 1999 leaving behind a 2BHK house without any will. As I was a minor then, my father later got a job on compassionate grounds in TN govt and also remarried. He has received all my late mother’s pensions, the house rent etc and I have not been given anything. I am now 32 years of age and would like to sell the flat. I need advice as to who has the rightful inheritance of the flat

Advocate K Alakendran answered
you and your father have equal share in your deceased mother's property. so it is advisable to cordially speak with your father and get his 50%share in your name. only then you can properly sell the property.

Q: Sale of minor property with court's permission

My husband expired two years ago and I want to sell off a property so that we could manage expenses. The legal heirs include me(his wife), 2 minor kids and husband's mother. Pl let me know if I can deposit minor funds in private bank like ICICI where they already have EPF pension account or a new account needs to be opened in nationalise dbank?What is the process to break the deposit if I wish to purchase a new house for staying with those funds

Advocate K Alakendran answered
you can deposit in fd with any bank but u cannot break the fd without court permission. in case you plan to purchase new property out of sale consideration u need not invest in fd instead u can directly purchase the new property in the names of legal heirs.

Q: Partition deed between brothers

4 brothers (A,B,C,D) jointly bought 2.48 acres of farm land in Tamil Nadu 20 years ago. This 2.48 acres land has been given to Brother A through unregistered partition deed (Bagawasti) and all the brothers have been signed.Later Brother A registered and received non consent from Brother B&C only to transfer of their shares to Brother A as noted by unregistered Bagawasthi. Recently Brother D claims that he has rights on this land sold the undivided share of 1/4 to someone. Can Brother A file

Advocate K Alakendran answered
what about the possession and revenue records ... if A can claim right and ownership through partition and file suit to set aside the sale made by D . partition may be oral or written and even if is not registered but acted upon will be legally valid as all the parties have signed the UR P deed

Q: Validity of Settlement deed if not signed by settlee

Settlement deed for house property (with condition of life interest) has been registered in sub-registered office. It was signed only by property owner (settler) and NOT SIGNED BY SETTLEE. Is it valid in court of law? Based on not signed by settlee, can it be taken to court and demand for its validity null and void?

Advocate K Alakendran answered
settlement deed need not be signed by settlee. only settlor has to sign the settlement deed. so it cannot be nullified for want of settlee signature.. it is valid until the settlor raise any dispute. moreover as long as the life time interest is secured the settlee cannot dispose the property without consent of the settlor