Advocate P Venu

Questions Answered by Advocate P Venu

Q: Can mother gift property to son ?

My father bought a land registered in his and mother's name. Built a house. Last year he expired. Can my mother gift to any one of us directly the ownership. can mother give property to one son ?, Is the consent of other children is required for it.

Advocate P Venu answered
It appears that you have not posted the complete facts and suggests deeper issues. Anyhow, there is nothing that prevents the mother dealing with her property or the share in the property in whichever or whatever way at her discretion.

Q: Is there a time frame within which a case can be reopened in court? For instance, can you reopen a c

Hi, the original complainant (son) has passed away, but now his mother wants to continue the case on his behalf. Is there any time frame to reopen the case, and can a case be reopened after 10 years or 20 years if it was previously closed in India?

Advocate P Venu answered
You have not posted any facts material to the issue, if any. No meaningful suggestion is possible unless the all relevant facts are examined and circumstances examined.

Q: What is the legal procedure for gifting my father's property to my son? Specifically, what are the g

My dad would like to gift me some land plots, and I am in Kerala. Can you please provide information about the estimated gift deed registration charges in Kerala and any other fees involved? Additionally, how does the Ishtadanam law in Kerala apply, and what is the stamp duty for a gift deed in Kerala?

Advocate P Venu answered
In respect of gift transaction within the family, the stamp duty involved is nominal. The local document writer would guide you in the matter

Q: Road through our property - neighbour accessibility

I have an agricultural land. We allowed the neighbor to walk through the road built through this land for some years (9, no agreement), as he don't have a direct access to his land. Now we just build a gate to prevent the entry of other vehicles in our land. Now the neighbor making some issues for this. Please advice how this gate affect us legally ? Note : The gate and road are completely through our land. Still didn't block their walk through the road, only prevented the vehicles, No vehicular access to property Neighbors land was not a part of us before and they bought this from another neighbor.

Advocate P Venu answered
From the facts stated, the neighbour cannot claim any vested rights as the access is yet to mature into an easement right. Even otherwise, a mere easement of necessity for access by foot cannot be extrapolated to ply any vehicle. However, you need to remain alert on the issue.

Q: What is the procedure to change my caste from my father's to my mother's? How can we change caste in

Is it possible to legally convert the caste of a Hindu from his father's to his mother's at the age of 28, given that his mother is a Brahmin and his father is OBC?

Advocate P Venu answered
The facts stated are incomplete. The critical issue in deciding the caste of the children born into inter-caste marriage is how the child was brought up. It is the general presumption that the child takes the caste of the father. In exceptional cases where the child was brought up in the community of the mother, the child belongs to the mother's caste. Anyhow, it is a question of fact; there is no question of change of caste.