Advocate Sherry J Thomas

Questions Answered by Advocate Sherry J Thomas

Q: Dispute in inheriting home from father threatening to give all wealth

My father is living seperately in an other house. My mother is living with me and my sister. My father owns two houses and other business also. Now he is threatening to vacate us from this house as it is in his name. He is not allowing to conduct any function in this house. How to apply for partition to get the house in my mothers name? Whether legal case will stand if we move to court as all the wealth is acquired by him only. He is threatening that he will give all the property and money to trust as donation. Kindly guide me.

Advocate Sherry J Thomas answered
father can do his property according to his wish. however under the provisions of protection of women from domestic violence act your mother or sister can claim residence in the shared household. only the property of those persons died intestate will be distributed among the legal heirs.

Q: Boy threatening to leak photos, and harm loved ones.

My friend(a girl),20, broke up with a boy more than a month ago. now the boy is constantly threatening to spread rumors, constantly abusing her through phone, and now he's threatening to leak her photos to his friends and her whole college and the internet. He is also threatening to kill her current boyfriend. like he said he has sent people to kill him. She has all the proofs (call voice recording, chat screenshots, voice notes etc.) of him stating to do all these. Is it a good idea to go directly to a police station and file a complaint? i would like to know the legal procedures he would go through.

Advocate Sherry J Thomas answered
the above narrated incident is a cognizable offence. Those offences are of serious nature and once your lodge the petition before the police they will register FIR and start investigation . as part of the investigation you have to give statement to the police . thereafter when the investigation is completed police will file before the concerned magistrate Court . after taking cognizance by got you will get summons from the court and you have to give evidence before the court.

Q: Declaration suit at Family Court as per the Jurisdiction Section 7b

Is it possible to file a joint suit for a declaratory decree at Family Court (as per the Jurisdiction Section 7b) so as to affirm that a marriage held at Temple (only tied the knot) is invalid?nn Please note that n1. The marriage is not legally registered.2. Both the parties didn’t lived together as husband and wife. n3. Both the parties do not want to continue the marital contract. n4. Both the parties will not oppose each other in filing the declaration suit.

Advocate Sherry J Thomas answered
Registration of marriage is not necessary for the legal validity of the marriage. if the parties undergone proper customary marriage then the said marriage is a valid marriage in the eye of law. they have to file petition for divorce before the proper jurisdictional Court.

Q: Wife and Family Is filing a divorce petition

Sir, my wife and their family is filing a divorce case and they are saying that I am physically torturing and pledged golds given by her family. I didn't torture but the fact is I pledged her gold for starting a restaurant. I deeply love her and I am not willing for divorce and I can't live without her. What to do sir?

Advocate Sherry J Thomas answered
initial proceeding in a divorce case is statutory counselling. you can suggest your intention for rejoining before the counselor. if the other spouse is not willing, they may proceed the case. in case of physical attack, they are having the right to lodge criminal Case before the police station. they can also move a petition before the family court for return of money and ornaments.

Q: How to stop Settlement deed cancellation?

My father( senior citizen) gave some of his property to me by settlement deed, then i did property mutation and paid land tax on my name. Now he is trying to get property back, How can i prevent that. he have other property on his name

Advocate Sherry J Thomas answered
if the deed is registered after 2007 provision of section 23 can be applied for cancellation of deed in case of senior citizens. as per the present legal position recitals of the deed must show that the senior citizen will be maintained. In general case, suit has to be filed for cancelling the deed. if it is a gift deed, before mutation / acceptance, the donor can cancel it.