Advocate Sree

Questions Answered by Advocate Sree (25+ answers)

Q: Clarification on grounds for getting mutual divorce on urgent basis

My friend is Christian. He got married in 2014. Last two years he is living separately. His wife asked him and wrote in a bond paper that his body is not fit for sexual life. And then she applied for mutual divorce on Feb 1st 2018. In this situation how can He move and get quick divorce

Advocate Sree answered
Recently the apex court held that the cooling period of 6 months is not necessary., whereas the usual period is 6 months.after numbering the mutual consent petition,you can file i.a.petition after a week time, to waive up the waiting period stating that it will not serve any purpose.the apex court left the discretion to the concerned court.it also laid down some principles such as if there is any criminal case pending.how long couple disunited.what are the steps taken for reunion.weather any other litigations pending weather they sort out all their disputes like permanent alimony,if there is any kid and what is his future remedied.explaining all the same,you file interim application and if the trial court judge is satisfied, he can grant divorce.

Q: Can We Attach A Property That Is Already Attached by Other person.

Can we attach a property that is already attached by other person. I lend 3lakhs to party x. But party x refused to repay. So l am planning to attach a property that values 22 lakhs through court.But another person like me attached that property for 10 lakhs.Now my question is that I can attach the property through court.

Advocate Sree answered
Yes, you can.the net value of the property is 22 lakhs and another person attached it for rs.10 lakhs.so,your loan is covered in the net value.the court will auction the first attachment and for remaining value, you can

Q: Loan not approved by the bank due to being a panchayat land

Sir, i decided to buy a flat/second floor(840 sq feet) in Chennai and it belongs to the panchayat.Now I have applied for the loan in private bank but the bank said that loan could not be processed as per bank rules as panchayat has approved limit 4000 sq.feet and only ground floor and first floor got approved and the second floor has not approved but he said that he will arrange housing loan from SBI. Actually, plot area was 3890 sq.feet and builder has divided the plot and got approved the plot as Plot 1A and PLot 1B as panchayat limit was only 4000 Sq.feet for residential building. Is advisable to buy this flat and in future any issue will come in respect of this flat

Advocate Sree answered
1) Applicant should submit the application addressed to CTCP through CLPA/NTDA/SLPA. 2) CLPA/NTDA/SLPA scrutinizes the application. In SLPA the Executive Authority / Municipal Commissioner) send the proposal to the RDD. 3) MS, CLPA/NTDA/ and RDD scrutinizes the proposal and inspect the site. Further particulars if any required may be called from the applicant and the proposal has to be sent to CTCP. 4) CTCP scrutinizes the proposal and if any further particulars required may be called from the MS, CLPA//NTDA RDD and the applicant. 5) If the proposal satisfies the DCR and all other prevailing rules and regulations like Panchayat Building Rule, Municipal Building Rule, Multi-storeyed Building Rule etc. 6) Then technical clearance is given by the CTCP and sent to MS, CLPA/NTDA/ and RDD in respective areas. 7) MS, CLPA/NTDA has to collect the centage charge, development charge and I&A charges and follow the LPA Procedure issue of planning permission and send it to local body for issue of licence. 8) RDD has its Collect the CC and I&A Charges Consent has given and send it to Concerned Municipality. this is the rule. so, to my knowledge, mere panchayath approval is not enough for your need and also ensure the above authorities' approval in order to avoid future complicaitons

Q: What are the rights of grandchild on grandfather's property?

i have home in my grandfather land , my grandfather have 7 sons , now the doing Part of the division this time i am not getting my home if possible kindly help

Advocate Sree answered
first, you did not state your religion as well as who's property is that, weather it is the property of your grandfather as his self acquisition or ancestral property to him.you also did not state weather your grandfather is alive or not or when he died. after getting these details, we can correctly answer your question

Q: What is the meaning of "Decreed-with costs"?

I am one of the respondent to the suite filed against us on our property. the petitioner is claiming that he had paid advance amount to buy our property and claiming to sell the property to him. the online status says " Contested- Decreed with Costs". what does it mean? did he win the case? should we pay any costs to him? should we give the land to him? copy of the judgement is still not received by us.

Advocate Sree answered
he won the case. you have to pay the cost, if there is judgement say so. the case is contested one, i.e., the judgement was delivered after full fledged trial. may be, since you are one of the respondent, the others may contest it. you did not tell the whole picture, weather you are co-sharer of the property.now, you can go for appeal or if you are set exparte, you can set aside the judgement and it can be advisable only on perusing the full case bundle along with judgement.