Advocate LP Mutaguppi

Questions Answered by Advocate LP Mutaguppi

Q: What is the time limit for a sale agreement? What is the agreement time period, and what is the agre

Greetings, we put our site up for sale, and a buyer made an agreement with a ₹5 lakh advance on a ₹200 stamp paper. The total consideration was ₹24 lakhs, to be settled within three months at the time of property registration. He has paid ₹21 lakhs so far, but two cheques bounced. However, he has not registered the property in his name, and ₹3 lakhs is still pending. It has been 18 months, and the agreement states that if I fail to register the property within three months, I must pay double the amount received. If he fails to register, his paid amount will be forfeited. Kindly advise.

Advocate LP Mutaguppi answered
sir, normally limitation period regarding sale agreement is three years from the date mentioned in the agreement condition. but you are in safe stand you may give legal notice and accordingly to do so.

Q: How to file for divorce in india when spouse is out of country ?

I got married on 18th Feb 2017 and my wife separated on 9th April 2017 asking for divorce all of sudden without any arguments or reason. After a wait for almost a year when I called for filing divorce her brother told that she has left for abroad and divorce is not required, and I should not ask for it. I am not able to travel abroad as visa will not be granted without divorce. how to file for divorce when spouse is out of-country ?

Advocate LP Mutaguppi answered
sir, you can able to file a divorce petition in your jurisdictional matrimonial court for divorce. with out divorce from competent court wedlock is not dissolve and you can't escape from responsibility.

Q: Procedure to apply for divorce in India as wife settled abroad.

I got married on 18th Feb 2017 and my wife separated on 9th April 2017 asking for divorce all of sudden without any arguments or reason. After a wait for almost a year when I called for filing divorce her brother told that she has left for abroad and divorce is not required, and I should not ask for it. I am not able to travel abroad as visa will not be granted without divorce.

Advocate LP Mutaguppi answered
sir, you can able to file a divorce petition in your jurisdictional matrimonial court for divorce. with out divorce from competent court wedlock is not dissolve and you can't escape from responsibility.

Q: Procedure to file a writ petition for speedy disposal of pending case

I want to file a writ petition in Karnataka high to get orders that the pending Criminal case should be disposed within six months

Advocate LP Mutaguppi answered
No, the High can not directly entertain the criminal cases, so you must file discharge application before a concerned trial court or file the quashing proceeding before the High court and consult counsel.

Q: Legal remedy as appeal rejected in lower court for unlawful partition

Hi, For my mother's ancestry property. There were two sons n 5 daughters. 5 daughters were uneducated and signed on final decree without knowledge. Compromise case and appearing in court and judgement made on all same day(malur court). 5 daughters had no clue how much they will get. But brothers sworn to give partion after court case. But now they are not willing to give. The lower court rejected the appeal. Total of around 10 acres , daughters were given only 2 guntas each. OS 253/ 2011 If we appeal in High court of karnataka do we get justice on the partition. Thank you for the advice!!

Advocate LP Mutaguppi answered
yes, Normally Court has enquired about the contents of the compromise decree with each one of the parties and then only it passes a decree. If any malpractice or fraud etc there that time you have only limited grounds for questioning. .you have not any appeal provision but you may question before High Court under writ petition by strict proof of deceiving or fraud.