Advocate N Sudalai Muthu

Questions Answered by Advocate N Sudalai Muthu

Q: How to speed up court cases process to get final judgement in civil revision ?

how to fast track court procedure to get the final judgement? Civil revision pettion no.2877/2013 filed on 23-08-2013 and uptated on 30-09-2013 thereafter no hearing till date. e.b.shivgnanam vs.v.bojarajan

Advocate N Sudalai Muthu answered
SirBecause of inadequate judges,now it is common in court. Make a mention before the concerned judge pleading your urgency and get it listed. Otherwise you can file a advancement petition or petition for early hearing.

Q: Is probate necessary for a registered will ?

As per my father's will, I inherited his house at Ambattur, Thiruvallur Dist, Tamil Nadu. The will was registered in 1995 and he died in 1996. The will was not probated as Ambattur was NOT part of Chennai metropolitan city. But in 2011, Ambattur became part of Chennai City. Hence, I want to know whether the will has to be probated now?, is probate necessary for a registered will in chennai ?

Advocate N Sudalai Muthu answered
sir No need to probate the will in your case because first of all the will is a registered one .Moreover i believe there is no dispute with regard to validity of will. furthermore, when the will is not registered and some one is disputing the validity of the will, then only it has to be subjected to probate.

Q: What happens if a leased property is sold to another owner during the lease term in india ?

shall anyone sell a property with tenants on lease ? My house owner going to sell his property where i am in lease as a tenant, can a leased property be sold ? is there any problem arise with the new owner later ?

Advocate N Sudalai Muthu answered
sir There is no bar under the law to sell the property which is under tenancy/lease agreement. by way lease or tenancy, the possession of the premises was only given to you. but for transfer of title deed you don't have a say. Further, if any clause exists in the agreement/tenancy which is between you and your original landlord, then it will affect the transfer that too only to the extent of your possession not more than that. during the period of lease/tenancy, original landlord or present one cannot disturb you without following due process of law before appropriate forum.

Q: Government employee suspended from service, steps to be taken now

A Government employee suspended from service for more than 2 and half years, sought remedy through Honble High Court of Madras. The court passed the order as below: “ Be that as it may, it is open to the petitioner herein to submit a representation for revoking the order of suspension to the respondent within a period of two weeks from the date of receipt of a copy of this order and the respondent, on receipt of the same is directed to consider the said representation on merits and in accordance with law and pass orders within a period of four weeks thereafter and communicate the decision taken to the writ petitioner”. Whether the above order sets aside the suspension order and entitles the employee to be reinstated into service.

Advocate N Sudalai Muthu answered
Sir,The above not setting aside the suspension order instead it directs the respondent government to consider the claim of you on merits.reinstatement will not be automatic by this order.Goverment may also reject your claim.

Q: For a company's dealership they request security cheque

Dear sir, If a company asks for security cheque of two lakhs and demand not to fill number column, how should i handle the situation to get support from company.

Advocate N Sudalai Muthu answered
sirfirst you please clarify why the company insisting you to issue a cheque. it is not a good practice to issue a cheque leaving column as blank. instead of issuing cheque, you convince the employer with some other instruments like letter of undertaking. even after if they insisting, you please obtain a letter from the company by disclosing facts which behind the blank security cheque.