Advocate Saju S Poonthodath

Questions Answered by Advocate Saju S Poonthodath

Q: Legality of notary document forcefully signed by husband

my husband is forcing me to sign a document before notary ,which states that "all the issues happened till now is because of me and my family.I will abide all the decisions taken by my husband . I shall bound any legal actions if I breach any of the above made statements." He is threatening that he will not take me and child along with him if i don't sign it. 1.What is the legal validity of a forcefully signed document? 2.Can this document be used against me and family , if any legal case comes up in future?

Advocate Saju S Poonthodath answered
You should not sign any document under threat or by force. Regarding the issues between you and your husband it is better to consult a lawyer personally and take proper advice before taking any decisions.

Q: Wrong docs.detail submitted in bank for loan wants to correct it

there is a boundary mistake in my mother property document. it is given by my father to my mother both are alive what i can do to correct that the document.the document is kept in bank for loan purpose.when i am checking the copy of the document i found this error. what is the possible solution to correct this ? is it is a serious issue

Advocate Saju S Poonthodath answered
Your father has to execute a rectification deed to correct the mistake and to register it in the sub registrar office and for all future purposes both the deeds are to be used together it will solve ur problem

Q: Ownership of property given by git deed in case brother dies

I given my property to my brother as a gift last year he is died is the ownership return back to me or not ?

Advocate Saju S Poonthodath answered
The property will not return back you only because he died. You have not mentioned whether he has already effected mutation of property into his name etc.a registered document will not return to you only because he died.

Q: Procedure of transferring deceased brother's property without proof

My brother is died he live with us entire life .he told me 1year before he die if he die his property ownership automatically transfer to me he is the younger one. expect me he have 2 brothers (only one is alive)and 3 sisters. he got the property by gift from my mother he is well educated. all the documents in my about the property is there is any chance to property ownership automatically transfer to us any logic in the statement that he told ?

Advocate Saju S Poonthodath answered
No the property will not automatically transferred to your name only because of the reason that your brother told you so while he was alive. If he has executed any deed or will in your favor you will get right over the property otherwise all legal heirs have right over his property.

Q: Can reply of a legal notice be sent via email, please suggest.

SIR/MADAM, WHETHER WE CAN FILE A REPLY TO A LEGAL NOTICE VIA EMAIL.

Advocate Saju S Poonthodath answered
You can reply to a legal notice by email if the email address is given in the legal notice, but if the sender denies that he/she does not got or received your reply notice you have to prove the service of notice so it is always better to send reply notice by registered post with A/D so that postal receipt / A/D card will prove the issuance/service of reply notice.