Advocate S Devadass

Questions Answered by Advocate S Devadass

Q: Legal heir won't sign document release

Greetings,My dad has 5 siblings. He and my uncle-2 had pledged our now late grandmother's property a couple of years for a loan and have been able to pay it back.However since my grandma is no more, the bank requires my dad, uncles(1,2) and aunts(1,2,3) to come in person to sign for releasing back the documents. One of my uncles(Uncle-1) is refusing to come to sign because of familial issues that came up two years ago. Is there a way we can get back the documents or are they just bound to be stuck with the bank for eternity?

Advocate S Devadass answered
Dear sir, after death of the barrower legal heirs will stands for settlement of entire loan amount. also all legal heirs must expected by the bank to sign for Return Of documents. If any one of the legal heir is not willing to support other legal heirs. the amount paid by the legal heirs can file suit against bank and unsigned legalheirs. the suit must filed for Return Of documents against bank and unsigned person

Q: Doubt should be clarified regarding divorce

Sir I filed divorce case against wife.. The lawyer has send notice... But the wife is telling she has not received it... How to find it is reached or not??

Advocate S Devadass answered
Dear sir, As per the divorce case filed by your lawyer. wheather your council send the divorce case filed matter through court or by private notice in the name of your lawyer. according to your query if it's send independently through lawyer by register post lawyer receive acknowledge signed by the receiver. if through court notice by order of judge battalion must be paid in the name of your wife ordered to serve notice through postal and by court. verify these things in court through your lawyer only. otherwise you can verify your HMOP number in court websites.

Q: Claim on mother's property after receiving gift deed

The property in Chennai is in my grandmother's name and she has three children. She had written a will saying this property will be given to my father after her death. Before her(my grandmother's) death, she gifted a "part" of property to one of her daughters. Now my father wants to sell the remaining part of the property. And elder sister does not have any objection for my father to sell the property. Question is can the other sister who after receiving the gift deed claim the remaining part of property(part of property)?

Advocate S Devadass answered
Dear sir, As per Hindu law if a person purchased a property by his own fund it meansthe property is self acquired property the property owner can execute a sale, gift deeds and will is valid. nobody claim the self acquired property and objections over the genuine WILL. it valid only for will holder if anybody challenge against a will over a self acquired property is not maintainable & valid

Q: Married women can ask for the father's mother property

grandfather have 3 daughters and 2 sons,grandfather have one property it's from her mother.the property in her mother's name,now the grandfather writes the will to the property ,it's only for the two sons.Is that will have power or not

Advocate S Devadass answered
before 1983 married women has no right to claim the ancestors property. grand father executed will is valid for sons wheather it may be register/unregister will is valid. if 3 daughters may claim if they got married after 1983 is entitled for claim equal share in ancestors property if it's not a genuine will.

Q: Grandfather sold the 3 acres land past 18 years ago.

My grandfather purchased the land and Fearing that we could not go to our land due to the sale of others land who are in near to us, grand pa sold the land in the year 2000 with green bond and my dad also signed and my sister has 13 years old and me 10 yrs old but not signed. My question is:- 1. Green bond is enough to make a sale deed. 2. Grand pa property will not claim by grandson and grand daughter. 3. we will win, if we raise the case against party who is in position.Kindly need your valuable suggestion to step forward.

Advocate S Devadass answered
you should clear one thing wheather the green bond is a will or unregistered sale deed. if it's a will valid. if it's sale deed value of property more than RS.100 it should be registered it is valid. unregistered will is valid,but unregistered sale deed with green bond is not value valid