Advocate Santhosh

Questions Answered by Advocate Santhosh

Q: What is the procedure to transfer the patta name of a property? Specifically, how to transfer patta

Dear Sir, There is a property under my governance that originally belonged to my grandmother. She made a settlement deed stating that the property would pass to my father after her demise. Now, both my father and grandmother have passed away, and as the only son, I wish to transfer the property into my name. The patta is still in my grandmother's name. Could you please explain the procedure to change the patta into my name and how to transfer patta from father to son? Many thanks.

Advocate Santhosh answered
Submit an application before the revenue authorities (Thahasildar) stating the property was in the name of grand mother. She died on xx/xx/xx. and before her death she executed a settlement deed (enclose copy of settlement deed, Death certificate and legal heir certificate) in favor of your father and he also died on xx/xx/xx(enclose his death certificate and legal heir certificate with your name as legal heir). If your mother is alive she is also a legal heir and entitled for a share. If she don't want it, she have to execute a relinquish deed of her rights on the property in your favor. Submit all the above. Property will transfer to your name

Q: I need guidance on expediting my case under Section 498A IPC for domestic violence and understanding

Hello, I am from Trichy. In 2009, I married Mr. Sakthi Sudhan. After 22 days, he began harassing me due to my family situation. Despite this, I continued our marriage. However, after he completed his doctorate, the harassment intensified. In 2016, I returned to my father's home. In 2017, he sent me a divorce letter (HMOP No: 400/17). Following this, I filed a Domestic Violence Case (DVC No: 64/17, MC No: 31/17). The hearings have been ongoing for the past year. Meanwhile, I am studying BE at Thiagarajar College of Engineering, Madurai. Due to the harassment over the past 5 years, it has been difficult to attend classes regularly. My studies are my only means of livelihood. I have questions about how to expedite my case. Please advise. Thank you.

Advocate Santhosh answered
Only option is file a writ petition before High court to give direction to the court where your petition is pending to expedite the trial and dispose the case. Before moving High court approch your court to dispose it stating your inability to appear regularly and to speed up the case. Your personal appearance is not always required in the court in each and every hearing. Your Advocate can file petition to dispense your appearance. Whenever your presence is required you appear, that is your evidence, otherwise your Advocate can handle it.

Q: What happens if the petitioner does not show up to divorce court? What will be the effect on my case

What happens if the petitioner does not show up to divorce court? What is the disadvantage if I don't attend the divorce petition case? Will the ex-parte decree weaken my legal position? Will child custody decisions be made in an ex-parte case? Can I request to change the court to a location closer to my native place for the divorce or child custody case? Can I get a copy of the divorce petition without attending the case? After an ex-parte decree is passed, can I still contest the divorce case?

Advocate Santhosh answered
If you were not attended or appoint an advocate on behalf of you to represent in court after receiving notice from court, petition will be decided expartee. That is petition will be decided on Marit without hearing you. That means if you are set ex partee, then also petition shall not be allowed without satisfaction of the court to grant divorce. Regarding the custody of child also same. If you want to transfer the case from it is filed to the place you are residing, you have to file transfer OP before concerned high court. It will decide on the merit. Regarding set aside expatee order, within 90 days from the date of orfer you can file set aside petition to set aside expartee order, if court pleases to set aside, you can contest the case

Q: selling property without patta in my name what to do ,can we sell land without patta ?

dear sir can i sell property in chennai which i have all docs are fine. But i did not transfer patta to my name. kindly advice on, is patta required for registration in tamilnadu?

Advocate Santhosh answered
You can transfer patta to your name and sell the property. Are You purchased the property, then you will have sale deed, with the copy of sale deed apply thasildar to transfer patta in your name. It is an easy process. Otherwise you may get difficulty in registering the property. Sub registrar may refuse to register the sale

Q: Do I have rights on self-acquired property of father after his will

My father is survived by my step-brother, step-sister(both of them born to the first wife who is no more), my mother and me. My father passed away five years back leaving a will in the name of my step-brother. No share for the step-sister, my mother (Second wife) and me. It is a self-acquired property. Do we have rights to claim a share from that property? The will was written even before he married my mother. Two years back we registered the property on my step-brother's name as a gift deed since we were under financial crisis. He gave us a very uneven share though the value of property is nearly about 1 crore. Please let us know if there is a way we could get some compensating amt.

Advocate Santhosh answered
The will is legally sustainable and you cannot claim any right on the bequeathed property. Why there was a gift deed in favor of your brother, already the property was bequeathed by your father in his name and that will was not canceled. Anyway already will is in his favor and once again you gifted thr property. So you cannot legally claim any compensation.