Advocate Siva Sree Gopaladhas

Questions Answered by Advocate Siva Sree Gopaladhas

Q: Is it possible to cancel Gift settlement

Respected Sir, My mother has expired in 2010. I m having two younger brothers. My father has given a gift settlement of house which earned from his own source, to me on November 2012 without any conditions with the acceptance of my brother's, both have signed in a settlement deed as a witness. I have changed my name in patta. But still not changed Property Tax and other taxes. Is there any chances of my father can cancel the settlement? Can my father revoke the same ??? If my father writes a will. Is it becomes valid??. Can my brother's challenge me by making a case on me and they ask for a partition ?? Pls suggest sir. Waiting for your valuable reply sir.

Advocate Siva Sree Gopaladhas answered
Dear Client... If its an unconditional Gift Settlement, then your father cannot revoke the same,and coming to your brothers, the property is your father's self acquired, thus your brother cannot ask anything.... Try to change the property tax and other taxes to your name too..Regards,Siva Sree Gopala Dhas,Advocate.

Q: Remedies if the lawyer is not taking the case seriously

My father has registered a case with area thasildar office and obtained order for maintenance by my elder brother, since he did not pay monthly maintenance we put a writ in high court and followed by look out notice as my brother works in gulf. The case has not come up for hearing since January 2018, upon enquiring I was told that my lawyer has to serve notice to one of the party and my lawyer is not taking this case seriously.

Advocate Siva Sree Gopaladhas answered
Dear Client,Yes, its necessary to serve a notice on other side...IUnless other subordinate Courts, High Court follows some different procedures,Maximum work is on the Advocates side to take efforts to list the matter,Contact your Advocate and insist him to take necessary steps to list the matter as soon as possible..If he is not ready to take care, ask a no objection for change of vakalat and just assign some other advocate.Regards,Siva Sree GopaladhasAdvocate

Q: Bought plot in Hyderabad want to sell property by giving SPA to friend

I have plot at Hyderabad and I stay at Chennai, can I execute SPA and authorise my colleague at Hyderabad to sell the property

Advocate Siva Sree Gopaladhas answered
Yes, you can execute a special power of attorney to sell that plot.be careful while framing the spa as each state differs in its provision (some differences in number of witnesses and other requirements etc) in related to documenting power of attorney.

Q: Does a private notice have legal implication on the pending case

Sir, I was awarded a intern maintenance of 20k in a contested divorce that I contested for 2 years and not being paid I.A even once for almost 11 months now... Even though I am from a different state that my ex.husband belong I travelled far to contest the divorce..But now I got a notice from a advocate stating that ,the husband approached high court to dismiss/stay my I.A from district court... It also stated that... The case came before high court on date **/7/2018 and the judges asked to serve a private notice... And it seems like a letterhead for the advocate and there is no court seal or address on the letter nor it was from clerk of the court..signed by counsel for petitioner... it just mentioned that... You are asked to appear before court in person /pleader within 4 weeks from then not mentioning the specific date to appear...or it will be ex parte And the final twist is the communication was dated on 27th July and it reached me on 30th z almost 4 weeks what should I do?

Advocate Siva Sree Gopaladhas answered
YES, a private notice sent by an Advocate is very much valid ...The common procedure in High Courts, is that they may adjourn the matter after a week or some weeks without specifying particular date..(different procedure from subordinate courts).its the work of client or their counsel to check the daily High Court list , to see whether their case is in the list...As of your matter is concerned...If your case taken up for hearing ,they need the acknowkedgement card, or any other proof for your receipt of their advocate notice, to make you exparte...if not , they will serve a fresh notice on you...So dont worry , and please contact an Advocate and check whether your case , already listed, if not , be careful and track daily list to see ...whether it is in list and make your appearance...

Q: can anyone sell joint property without taking consent from all owners

Can my husband or his parents sell a joint property that iam also a part of without my consent

Advocate Siva Sree Gopaladhas answered
YES,Under section 44 of the T. P Act, a co-owner can sell his extent of share in a joint property, consent of the other co-owners not necessary.Through that a co-owner can transfer his right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.Under the same section and section 4 of the Partition Act, other co-owner have the right of pre-emption.