Advocate Rajesh K.S

Questions Answered by Advocate Rajesh K.S (700+ answers)

Q: How to deal with harassing husband ?

I have been married for 7 years now. Since, the marriage it was trouble. my husband is harassing me mentally. in the early phases of marriage, He used to tell me that he married me because of his mother who forced him to do so and he scolds his mother. He also said to return the thali and go back home. He also left me in the railway statement in the mid night after a fight all alone. I was pleading him not to leave me, but he left. He gets angry uncontrollably. He blames me for everything. If there is traffic jam, he blames. If kid is little cranky, he blames me. If kid supports me, he starts abusing kid also. He shows face everytime when he comes home and keeps blaming me everytime and scolds me. He threatens me saying that he will snatch the kid from me and he will leave. In case if my parents come to stop him, he will kill them. All this is increasing my tension day by day. I am staying with him only because of kid. I want to get out of this marriage. But, I want my kid also .Please help

Advocate Rajesh K.S answered
You can file divorce case and you can also file dowry harassment case if you want because there is a chance of arresting your husband. You can file domestic violence case and you can also claim maintenance. Don't minor kid custody first preference will be given to mother by the court. Contact us to proceed further.

Q: Limitation to challenge registered partition deed ?

Our Family executed a Partition deed between 4 brothers in 1999.Of the 4 parts, 2 brothers were given 1 share each and the 2 shares were clubbed together and allocated to the remaining 2 brothers because one of the person was disabled and the other brother was looking after this disabled bachelor brother. Now the remaining 2 brothers are claiming 1/3 of share from the disabled brother's share since he did not execute any will to the brother who looked after him. The case has been filed after 12 years the partition was executed. can registered partition deed be challenged ?

Advocate Rajesh K.S answered
As you have mentioned it is family property your disabled brother will also get his right in the property with siblings and hence no one can grab it without his consent and he has to decide to dispose his right through his wish. As there is a misunderstanding about the partition that can be challenged whomever who is aggrieved among you by making your disabled brother as a party at civil court. Usually civil suits have 30 years time limitation. As there is a illegality you can challenge the partition deed as it came to your knowledge now or depending upon the recent developments by explaining the same to court. Consult any advocate.

Q: I have a query regarding Sale deed and car parking, can builder sell parking, What are my option ?

I booked a ready to move in flat. The builder included 3 lacs for car parking in cost sheet. I agreed to that. He sent me a draft copy of sale deed on which he mentioned the car parking number along with house details. After I gave him the first 20 percent check for first installment he provided me the modified sale deed on which the car parking not mentioned in sale deed. He also got 0.1 percent for franking charges. Kindly advice me whether the car parking details should be mentioned in sale deed or not? Still I have not signed the sale deed.Kindly let me know whether the builder can complete the franking formalities without my signature in sale deed. Thank you.

Advocate Rajesh K.S answered
Discuss with him about the change of agreed clause if he doesn't accept or replies in vague manner then cancel the purchase as you have not signed on the sale deed there is nothing to worry because you have to be present at Sub Registrar office while entering into an sale deed with your signature. As I mentioned if you don't get proper solution the issue a legal notice by cancelling the sale transaction with him, If you have entered into an sale agreement then go through the clause and conditions of the same and find out whether the act of builder comes under violation of the agreement even otherwise he has to comply as he has taken Rs.3 Lakh by mentioning in the cost sheet. Without your signature franking done on any document is not valid. Hence Contact advocate after cautioning the builder about his unlawful act.

Q: What is the procedure to revoke a gift deed of property once it is made? Can a gift deed be revoked?

My wife has gifted a property to her sister through a gift deed just 10 days ago. Now, she wants to take back that property. On what grounds can she fight the case, and please tell us, can a gift deed be revoked? Specifically, can a gift deed be revoked, and how can a gift deed be revoked?

Advocate Rajesh K.S answered
If the Gift deed is registered then your wife has to file a civil suit before the jurisdictional city civil court for revocation of gift. It cannot be done through Sub Registrar Court. So contact any advocate if it is an registered deed to revoke the same before court

Q: Ex girlfriend threatening to kill herself and blackmailing me

I was in a relationship with a girl and we brokeup. Now I am getting married but the girl is threatening me of defamation and that she will commit suicide. She doesn't want to marry me but only creating an issue. She has mental issues and I have sufficient proofs of it. The only problem is she has pictures of a fight with me (only she is visible) where she was both of us were injured. But only her injuries are there in the pictures. She is blackmailing for more than a year. I have call records which prove that she is threatening falsely. She has already started defaming me on social media by messaging relatives. what to do if someone is blackmailing you? Should I apply for anticipatory bail? What will be the consequences if I do so?

Advocate Rajesh K.S answered
You file a complaint against her for threatening and defaming in social networks on her first. If you think she is going to file any case the procure all the said documents as evidence then you can take anticipatory bail and fight the case to prove your innocence.