Advocate Shakthidhar Shanker

Questions Answered by Advocate Shakthidhar Shanker

Q: My In-Laws and husband not allowing me to come home

I am hindu we got married 3 years before. last week my In-laws took me to the police station (without informing my parents) for silly reason. now they are not taking me inside the home I am staying in hostel. please guide me

Advocate Shakthidhar Shanker answered
Dear Madam, If there is any harrassment please file a police complaint you are protected under the DV Act. Further if you want to live with your husband you can approach the court seeking restitution of Conjugal rights

Q: Daughter seeking share in father's self-acquired property

Whether daughter can seeking partition in her father's self acquired property when her father alive.

Advocate Shakthidhar Shanker answered
Dear Madam,In case of self acquired property of the father he has the complete rights to give the property to anyone through a will. The daughter/s or son/s do not have exculsive legal rights over a self acquired property of the father such as the case may be in ancestral property. Please also note that present opinion/response/reply is in view of the limited facts put forth by you and shall not be deemed to be absolute/exhaustive and is only preliminary in nature.

Q: DVA in one state and HMOP in another state wants to transfer the case

Respected sir /madam please help. I have filed maintenance under DVA and he is paying interim maintenance . He stays in Coimbatore and has filed a HMOP case and made a expartee and filed for divorce .. Please help what to do.. can I ask transfer of this case.. How to proceed this case further ..!!

Advocate Shakthidhar Shanker answered
Dear Madam,When you have sought relief under DV Act and the Hon'ble Court has granted you interim reliefs. You may engage a Lawyer enter appearance in the said Court were your Husband has sought restitution of Conjugal rights and bring it to the notice of that Hon'ble Court that you have intiated appropriate proceedings under the DVAct. Your other query as to transfer of the case is not permissible under Law.

Q: Cheque stopped due to payment stopped by cheque issuer

I have received a cheque from one of my trust member. Now a has been stopped due to payment stopped by the cheque issuer.. is I’m eligble to send legal notice to him

Advocate Shakthidhar Shanker answered
Dear Sir/Madam,Yes you are entitled to issue a Legal Notice and the same shall be issued within 30 days from the date of bank endorsement.Please take immediate action with this regard as time is the essence in dishonor of an negotiable instrument

Q: Seller has different names on sale deed and other documents

I am to buy a property in Bangalore. The seller(Muslim) has legally changed his name after buying this property. The new name and the name in the sales deed and documents are different. The seller possesses all the documents pertaining to the name change along with the old and new Govt. ID proofs. Can the seller change the name in the documents? Will there be any legal issues if I buy this property?

Advocate Shakthidhar Shanker answered
Dear sir/madam,The details of the Seller's pan card , Adhaar card and the public notice given by Seller in the news paper shall be mentioned in the recitals of the Sale Deed. Be sure to ask the seller to produce attested copies of the same while executing the sale deed before the sub Registrar