Advocate Sree K Sivakumar

Questions Answered by Advocate Sree K Sivakumar

Q: Gift deed from mother to daughter, can son claim share ?

Hindu Mother has two kids. One daughter and one son. Mother's property( mother got this property as Marriage gift from their parents). Mother gifted to her daughter the same property 25 years back as marriage gift. Now mothers son is trying to put a case stating that he will get equal share. Mother is still alive. Right now the property is on daughters name. can mother give property to one daughter?, Will the son get any share? Will the son be able to put a case?

Advocate Sree K Sivakumar answered
HI,your mother is the absolute owner of the property. the property which she hold is called stridhana U/S 14(1) of INDIAN SUCCESSION ACT 1956 . according to that section she can gift the property to any body to her wish and will.in your case she already gifted the property to you and moreover your mother is still alive your brother will not get any share in the property. to avoid legal issues if that gift is not registered you ask your mother to register that gift property in your name.from your query it appears that mutation is also over.your brother will not get any share in that property. he can file case at his own evidence and burden of proof is also lies up on him to prove the case.

Q: What are the pros and cons of ex parte divorce, including the disadvantages of ex parte divorce and

I want to know about an ex parte divorce granted to a wife, including the pros and cons of it. What are the disadvantages of ex parte divorce and the disadvantages of ex parte divorce in India? Also, what is the procedure to obtain the ex parte divorce certificate?

Advocate Sree K Sivakumar answered
hi,there is no procedure to get the ex-party divorce decree. if you file divorce case against your wife and after service of notices to her to appear before the court if she fails to do so court will declare her as ex- party and proceed with the case.she can come to the court at any point of time and pray the court to set aside the order passed by the court against her and court will generally allow the application and gives her chance to contest the case.

Q: Divorce case if petitioner is living abroad

Will the divorce case gets dismissed if petitioner is in abroad? Is GPA acceptable? Or will the case runs even in the absence of the petitioner (petitioner currently staying in abroad)

Advocate Sree K Sivakumar answered
hi,yes u can file the case by taking GPA from the concern person. GPA will be accepted by the court after perusing the petition.you can run the case but at the time of trail petitioner presence is required. in case if he not attends the court at the time of trail court will dismiss the case.

Q: Father made gift deed of house in favor of one son can other son claim

we have 5 sons and 3 sisters, my fathers earned house is gifted to me for the reason of take care of him (Health), Did i get any problem with my brothers and there sons please give the answer

Advocate Sree K Sivakumar answered
HI,it is your fathers self acquired property and he is at liberty to do any thing with that property. if he gifted that propertyto you under registered gift deed none of your fathers legal heirs can do any thing with that property legally. you are in safe position.

Q: Someone trespassing land registered in my name through fake sale deed

There are two open plots registered on my name, which have been recently trespassed. On obtaining the Encumberance certificate the fake entry was reflected. I filed an FIR with the police station who seem to have investigated and orally reported to me about the fake sale deed and informed me that I am the genuine owner of the open plots. Police are insisting me to construct the compound wall immediately inorder to see if any third party is coming forward to claim the same. Should I go ahead with the compound wall construction without LRS as suggested by the police. The case is still pending. When will it close and what documents will the police hand - over to me. How can the fake name from Encumberance certificate be removed. Kindly guide me in this issue. Hoping for an affirmative response. Thanks & Warm Regards.

Advocate Sree K Sivakumar answered
HI,Immediately you file a civil suit against the trespassers in the appropriate civil court having jurisdiction of the property.you file civil suit for perpetual injunction and get interim orders from the court so that it will protect your right over theproperty. in your case court orders are more useful than any police officers report and findings.