Advocate Ragul Sivanand

Questions Answered by Advocate Ragul Sivanand (200+ answers)

Q: Threatening by both what i have to do

My sadist sycho husband and criminal brother ego Domination and property issue with by brother i fight legally because of they planned sent to dark home 3years there suffered so much gone to death both are threatening getting certificate from govt doctor by bribe with the help of police of i will sent to any home my brother is advising to my husband sent to any home money can police do this what measures i have to take any law section please tell me in detail as early as possible

Advocate Ragul Sivanand answered
Based on your narration, this appears to be a case of manipulation, coercion, and gaslighting, along with threats of illegal confinement. You must understand clearly that no one, including your husband or brother, can forcibly send you to any “home” or institution without due process under the Mental Healthcare Act, 2017. Any attempt to fabricate medical records or misuse police influence is illegal.Such acts may amount to criminal intimidation, wrongful confinement, conspiracy, and domestic violence.You should immediately, submit a written complaint to police detailing the threats; If police fail to act, approach the Magistrate under Sec. 156(3) CrPC[correspondence with section174(3) of BNSS]; or File a Domestic Violence case(DVC) seeking protection/residence orders. And also preserve evidence (such as calls, messages, witnesses or video/audio records or any relevant/related files)

Q: division of property after the death of mother

My parents had 2 property .(1) house in my mother's name.(2) House in the name of my father and he died (2010) without writing a will. we are 5 children ( 3 bro and 2 sist ).After the death of my father, my brother took care of my mother ). Recently my mother expired and when we checked the doc, we noticed that my brother made a settlement deed and got transferred my mother's property.Also, he made a settlement deed transferring my mother share ( 1/3)to him.

Advocate Ragul Sivanand answered
Hello,Based on the facts provided herein, you have rights in both properties, and your brother cannot claim exclusive ownership merely on the basis of settlement deeds.Regarding your father’s property; Since your father died intestate, the property would have devolved equally among your mother and all 5 children. Your mother’s share would be only 1/6th, and she could have dealt only with that extent. If, as per your information herein, a settlement has been made for 1/3rd share, the same appears legally unsustainable. Upon your mother’s death, her share further devolves equally among all the children. Hence, each of you is entitled to a share, and your brother cannot claim full ownership without consent of all legal heirs.Regarding your mother’s property; although your mother had the right to execute a settlement deed, the same can be challenged if it is shown that it was obtained by undue influence or by misuse of a dominant position, particularly if your brother was managing her affairs.Now, you may file a partition suit to claim your lawful share and also seek to set aside the settlement deeds if they were not executed voluntarily.It is advisable to act promptly.Best wishes

Q: The Written statement duration

“What is the maximum time allowed for defendants (D1 and D2) to file a Written Statement in a civil suit? What are the legal consequences if they fail to file it within the prescribed time?

Advocate Ragul Sivanand answered
As a defendant it is required to file the Written Statement within 30 days from the date of service of summons, which is extendable by the Court up to a maximum period of 90 days for recorded reasons(valid/cogent reasons satisfactory to the court). In ordinary civil suits, this timeline is generally treated as directory, and courts may permit filing beyond 90 days in exceptional circumstances, whereas in commercial suits the limit is strict (30 days extendable up to 120 days, failing which the right is forfeited). If the Written Statement is not filed within the prescribed time, the Court may close the right of defence and proceed ex parte against the defendants, thereby seriously prejudicing the defendant’s ability to contest the suit.

Q: No financially support from husband

I am 33 years old, I have a kid of 9 years .I am a working women.My husband is not supporting financially. Please let me know whether I can file a case against him seeking for financial support?

Advocate Ragul Sivanand answered
Sure, you have to file a case for claiming maintenance despite being a working woman. If your husband is neglecting to support you and your child, you can seek financial support under Section 125 CrPC(corresponding to section 144 of BNSS act); and also claim monetary relief under the Domestic Violence Act.Both you and your child the absolute rights to claim maintenance, and the court will consider whether your income is sufficient compared to your husband’s earning capacity and standard of living..

Q: Double Document issue - Need Legal advise

Person has done sub division on his ancestral properly and sold a land with survey no 123/8a2 plot no 25 1870 sqft to person Ravi in 1998. and the plot got sold to subsequent buyers with proper patta and parent details He sold it to jai in 2011 and jai is the current holder. In 2007, same Ravi again created multiple plots with different survey numbers but w/p parent details on the same land and sold it to multiple people. Now what should jai has to do. who has the legal ownership.

Advocate Ragul Sivanand answered
According to the details specified, the 1st valid sale in 1998 is legally binding. And once Ravi sold the specific plot to Jai in 1998 by a registered sale deed, he lost all right over that land. So any subsequent subdivision or sale made by Ravi in 2007 on the very same land, without title and without proper parent document linkage, is void ab initio and does not convey ownership.Since the property has thereafter passed through registered conveyances with clear parent document chain and patta, and Jai purchased it in 2011, Jai derives valid title as a bona fide purchaser tracing his ownership to the 1998 sale. Later purchasers under the 2007 documents do not acquire legal ownership, even if separate survey numbers or pattas were created, as revenue records do not confer title. So, Jai should immediately, obtain EC, parent deeds and survey sketch confirmation; and send a legal notice disputing the fraudulent claims, and also, file a civil suit for declaration of title and permanent injunction, and also seek cancellation of fraudulent documents.