Advocate Prashant Tennali

Questions Answered by Advocate Prashant Tennali

Q: ecourt case stage and lawyer not in sync

Filed divorce on Sug14. Lawyer asked to collect notice on Aug31. On Aug31 and Sep1 he said it's not ready but took fee.On Sep2 stage shows Defect Removal and next date Oct6. Now lawyer says there are no defect and asking to wait. Is he lying? Can I check myself without him?. I had prepared the draft petition still he took 1.5 months to file and now this. Please advise.

Advocate Prashant Tennali answered
“Defect Removal” generally indicates that some filing objection/defect was noted by the Court registry. It does not by itself mean your lawyer is lying. You can independently verify the case through eCourts/CNR or by visiting the Family Court registry. Ask your lawyer for the case number, filed petition and details of the defect, if any.

Q: Defective Supply and refund request by online mode

Purchased fridge, got delivered defective, replacement came and that also defective, asking for refund and they are not doing that and saying that return both the units then only they will process the amount.45 days over, one EMI also paid, advice on this regard

Advocate Prashant Tennali answered
The delivery of a defective refrigerator and failure of the replacement unit may amount to defect in goods and deficiency in service under the Consumer Protection Act, 2019. You may demand a full refund, including the EMI amount already paid. The company can reasonably require return/pick-up of both defective units before processing the refund, but the process should not be unnecessarily delayed. Keep the purchase invoice, payment/EMI records, warranty, replacement details, service reports, photographs/videos of defects and all communications with the seller/company. Send a written notice requesting immediate pick-up of both units and refund within a specified period. If the company fails to refund despite return of the defective units, you may file a complaint before the competent District Consumer Disputes Redressal Commission seeking refund with interest, compensation for mental agony and inconvenience, and litigation costs.

Q: 2 plots to be distributed amoung us.

My father has 2 properties n 2 sites .first is duplex house gifted to me with all the paper work in my name 2nd is a flat house gifted to my step sister from fathers sec marriage .now 2 sites is still in father's name . He has not written in paper Panchayat office claims I am the owner sister has the original document

Advocate Prashant Tennali answered
If the duplex house was validly gifted to you through a registered Gift Deed, you are its legal owner even if the original document is with your sister. You can obtain a certified copy from the Sub-Registrar. As for the two sites still standing in your father's name, they continue to belong to him unless he transfers them by a registered gift deed, sale deed, or Will. Mutation or Panchayat records alone do not confer ownership. Please verify all title documents before taking any legal action.

Q: Wanted to file divorce from different state

I am from Calcutta and married in Himachal Pradesh but wanted to file divorce from Karnataka is it possible?

Advocate Prashant Tennali answered
Yes, it is possible, but only if the Family Court in Karnataka has jurisdiction under Section 19 of the Hindu Marriage Act, 1955. A divorce petition can be filed where the marriage was solemnized, where the parties last resided together, where the respondent resides, or where the wife is presently residing (in applicable cases). If none of these apply to Karnataka, the petition cannot ordinarily be filed there. A few more facts are needed to determine the correct jurisdiction.

Q: Certified sale deed of my property

I need pre independence certified copy of my property which was comes under Bombay presidency before 1900. but How to know the ownership of that property is in whose name before 1900

Advocate Prashant Tennali answered
You may obtain certified copies of all available revenue and registration records relating to your property from the Sub-Registrar's Office and the District Record Room. For ownership prior to 1900, you should search old land revenue records, settlement registers, Record of Rights, village records, and archival documents preserved in the State Archives or Revenue Department. An advocate can assist in conducting a title search and verifying the chain of ownership.