Advocate Raghavendra Rao Yakama

Questions Answered by Advocate Raghavendra Rao Yakama

Q: MOU Of Property For Family Arrangements .

Property inherited from forefathers, and one family as title deeds registered thru gift deed registration without our consent. Now they are offering mou for family settlement. But they are ready to get it done by registering the MOU. Instead they are telling to get notary done as Mou is drafted on 100 rs bond paper.will the notary be valied legally later on.

Advocate Raghavendra Rao Yakama answered
No, Notary is only witness the execution of contents before him. Here we have to see the fate of Registered Gift Deed - Loss and Profits through the settlement. Regarding the question Notary is valid, but the validity of the MOU is depending upon the contents and acceptance of parties

Q: Tenant not vacating the house. No lease agreement. What to do

I have rented my Apartment in Vijayawada for my Tenant on April 2016. Without any lease agreement. At that time my wife is Working in Guntur and iam in Vijayawada. Now my wife got transfer to Vijayawada and we have a 6months old baby. Only we both are care takers of our baby. So we planned to move to my Apartment and we had give a oral notice on January 26th. But the tenant is not vacating my house. What should i do so that i get my apartment vacated in less time. Actually we are in emergency as my wife need to join the Office as her maternity leave has be ended.

Advocate Raghavendra Rao Yakama answered
The Main aspect or the key poin is rental amount. If the rent is bellow 3,500 you have to file RCC case by showing appropriate reason i.e. Personal occupation as ground. Where the rental value is more than 3,500/- you have to issue Quite notice 15 days prior to the monthly end of the tenancy.

Q: How to protect my house from temples Endowment committee

Hello sir/madam my house is situated beside a famous temple they are trying to occupy my house since so many years but they failed but they cunningly formed a trust and registered in the Endowment .Now they are trying very hard to snatch my house and on my house they is a legal civil suit case is going on . Is there any possibility to protect my house . Thanks in regards

Advocate Raghavendra Rao Yakama answered
The given information is not sufficient to give opinion. What type of suit is pending. Nobody can snatch another's property by a simple trust. To get clarification you have to provide full details. Consult lawyer by phone or email

Q: Municipality has taken decision of road extension

Dear sir/Madam, I am nagaraju from gudur village, kurnool dist. In my village the municipality has taken decision to extend the roads, during this process the municipality authority wants to destroy our building which is situated next to road for the process the municipality was not yet ready to pay compensation and also they are not giving any notices, and the municipality authority was telling that first will destroy the building and then will process for refund process but we are asking them first pay the refunds and then start the destruction process. On this issue I want to fill a case and I want to know whether this case will be accepted by court or not if accepted how long it takes to get the refund. Please let me know the information because our entire family is depending on this building (shop). Thank with regards Nagaraju

Advocate Raghavendra Rao Yakama answered
The Municipalilty has to follow the Procedure laind down under the Act.First the There must be a proposal of road widening to avoid the traffic Conditions.The said Proposal must be accpted by the Local body resolution. Basing on the said resolution, the Meating for the effected Parties should be arranged and convence them.The Municipality will prepare structural design for each building. The Demolition should not be more than that one.Subsequently the Municipality will issu notice of demolition.You can question the said ntoice of demolition, without notice the Municipality has not pwoer to demolish, effected party should know the factum of loss. Generally the Municipality will offer Bonds, the effected Party may accept the said Bond or many not.If the effected party not accepted the bond, then the Municpality has to acquire the land under Land Acquisiton Act.If you filed Writ Petition in High Court, you will defiinitely get appropriate remedy.

Q: Got divorced in US how to get it registered in India

Hi, We got divorced recently in US,by mutual consent and want to register the same in India under Section 13B of the Hindu Marriage Act. A little background - US marriage in Jan 2016. Divorce in Feb 2017 - Indian Hindu marriage in Feb 2016 - Divorce court in US - State of Utah Questions: How long does it take to obtain a registered divorce in India with divorce papers attached as copy from US? Should either or both of us should be present in India? Would there be necessity of any signatures on the legal papers that will be submitted to the court?Can this be done by hiring a layer online? What is the cost for lawyer / process? Thanks in advance

Advocate Raghavendra Rao Yakama answered
In India there is no procedure to register the divorce. If you need a divorce you have to file divorce petition under Indian matrimonial laws. As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-(a) where it has not been pronounced by a Court of competent jurisdiction;(b) where it has not been given on the merits of the case;(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;(d) where the proceedings in which the judgment was obtained are opposed to natural justice;(e) where it has been obtained by fraud;(f) where it sustains a claim founded on a breach of any law in force in India.So these six conditions are fulfilled by such foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments.If his wife has accepted the authority of US court, it cannot be open to her to later question the authority of the US court.The jurisdiction assumed by the foreign court as well as the ground on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may Le as follows: 1 where the matrimonial action is filed in the forum where the respondent is domiciled habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; 2 where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; 3 where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the partiesDecree of Divorce by a foreign Court is also valid in India if there is no challenge by the other party. If both of you go for mutual consent divorce, then it is recognized and valid in India. 2. Even contested divorce on the grounds of Cruelty /Adultery / Desertion / Impotency (are grounds that Indian Law recognizes, so if the divorce is granted on these grounds – The decree is valid in India. Please note that in such a case it need not be validated in India by filing a suit or anything. It is the burden of person challenging the decree to discredit it.Besides this several other points has to be considered such as1. Domicile of the Husband2. Domicile of the Wife3. Whether Mutually consented or Wants to contest.4. Exparte Decree5. Contested Decree6. Whether the ground urged is recognized by the Indian law.7. for 13(b) 1 year desertion prior to decree.8. 6 months observation Period And other relavant things has to be considered.