Advocate Sakthivel

Questions Answered by Advocate Sakthivel

Q: What happens if a leased property is sold to another owner during the lease term in india ?

shall anyone sell a property with tenants on lease ? My house owner going to sell his property where i am in lease as a tenant, can a leased property be sold ? is there any problem arise with the new owner later ?

Advocate Sakthivel answered
Dear sirAs the property owner, your landlord has the right to sell his property whenever he so chooses—but he still has to abide by the lease he signed with you. What this means is even if someone else buys the house tomorrow, you still have the right to live there until your lease is up… unless your lease says otherwise.Leases are contracts, and the purpose of a contract is to plan ahead for anything that might happen in the future. So drag out your lease and look for anything that talks about what happens if your landlord decides to sell the house. Your lease may have something allowing your landlord to break the lease and make you move out if he decides to sell—but most states require him to give you at least 30 days’ notice first.If your lease doesn’t have anything saying it terminates if your landlord sells, what happens is that the new owner basically steps in your landlord’s shoes and has to honor the lease until it ends. So you’ll have a new landlord. Awkward, we’re sure, but at least you’re not homeless! They may not be as nice as your present landlord, but they have to abide by the contract until it ends of its own accord.So after you’ve gone through that lease, maybe call up your landlord? Finding out the house is for sale by seeing an ad in the paper . As long as you still live there, you still have rights under the lease. Just like you agreed to pay rent and not be a nuisance, your landlord basically agreed to leave you alone and let you live in peace. The house being for sale can’t interfere with that and if it does, he’s not upholding his end of the bargain. If you start having random strangers tromping through the yard and peeking through the windows, that could be a major problem.Even if your landlord sells the house you rent, he can’t make you move out before your lease is up unless he gives you at least 30 days’ notice.ThanksAdvocate M.Sakthivel

Q: I have medical problem want to divorce husband so he can marry again

Sir I am Hindu, married since 10yrs I have medical and mental problems so I want my husband to marry again and move on I want to retain his name even after seperation but no claim or rights as wife just to hold his name is it legally possible

Advocate Sakthivel answered
Dear Mrs.. If you are going for Divorce..you can,t put your husband name in future..Think twice and then arrange good girl for your husband to marry and you can also stay along with them...ThanksM.sakthivelAdvocate

Q: Wrong measurements recorded of the land is patta legally valid

I have got a patta for my land in which the square feet is included wrongly as 2600 but my land actually measures only 2400. Is this patta legally valid? can we apply for any new new approval or sell the land with this patta.

Advocate Sakthivel answered
Sir I st You can sell the land with this mentioned patta..but you can get only the money for acctual land..for the rectification , you have to apply to the tasildhar office to rectifiy..for this it will take more time..Thanks

Q: Father passed away and now i want to transfer property in my name

I am the son from the second wife of my father. Now father passed away and i want to transfer the property in my name. What is the procedure for the same?

Advocate Sakthivel answered
Sir Regarding your query..Ist you have to get legal hires certificate from the Taluk office..IIn d you have to get no objection from you co brother..sister..Mother..Thank you have to apply to the Tasildhar to get the land to transfer in your nameThanksAdvocate M.Sakthivel

Q: Claiming ancestral and paternal properties what are my rights

I am 57 yrs old woman currently living in Chennai with my two children. My husband and father in law passed away. I have two children; a daughter and a son. They are above 18 yrs old ,not married and not working yet. Husband's ancestral and paternal properties are in Bihar which is controlled by my husband's youngest brother. There were no written will or any official documentation done. What legal procedures can be done to claim my portion of property and can it be done from chennai where i live as the lands are in bihar because husband's youngest brother proved uncooperative.

Advocate Sakthivel answered
Dear Madam Regarding your query. 1. you have to file a case in the Bihar Jurisdiction only..2. !00 % you will get your Husband share on the total land ( if its ancestral property)..3. If you have the Death certificate, Legal hiere certificate for both your husband and father inlaw..you can file a case in the civil court in bihar .you can file the case for partion suite ..you will get the property..Thankd