Advocate Swaminathan Neelakantan

Questions Answered by Advocate Swaminathan Neelakantan (700+ answers)

Q: Purchase power issue while buying the property

I am planning to buy property in Chennai. Property is inherited property from the owner to his legal heirs(2 Sons and 1 daughter). Elder son is residing in abroad. He gave power to his son vetri. Now Vetri is also went to abroad. Is it possible to cancel the power from abroad since both of them in abroad now? Also once it is cancelled.. can he give power to his brother who is residing in chennai.? If this is feasible, shall i buy the property with younger son and daughter signature ?

Advocate Swaminathan Neelakantan answered
The elder son needs to execute a deed of revocation and get it either notarised or attested by the Indian embassy abroad. He can then execute a fresh PoA in favour of his brother living in Chennai. The fresh PoA needs to be either notarised or attested by the Indian embassy abroad. Then both the deed of revocation and the fresh PoA have to be sent to the new power agent in Chennai. The new power agent has to get the revocation deed duly registered and get the fresh PoA executed at the sub-registrar having proper jurisdiction within three months of receiving the documents in Chennai. If done, the new power agent can act legally.

Q: Elder brother is forging our father’s signatures to illegally inherit

My father owns a self-acquired property. Currently, he is under the care of my elder brother. My father is no longer capable of self-identification and is not of sound mind. My elder brother is forging our father’s signatures to illegally inherit the property. Can I file a petition to protect the property? Please guide me on this matter.

Advocate Swaminathan Neelakantan answered
As long as your father is alive, no one can 'inherit' his self-acquired property. After his lifetime, if there is no Will left behind, his estate shall devolve equally upon all his Class-I legal heirs, namely, his mother, his wife and his children. You may legally challenge the Will, if any, obtained fraudulently by your brother only after your father's lifetime.

Q: Marriage registration in 2 different states in India

My husband and I registered our marriage in Tamil Nadu in 2018. The divorce case filed by my husband in 2022 got dismissed by default in 2023. Now I want to know whether my husband register second marriage in a different state without getting divorce. Asking this as the marriage registration is State Department only and not centralized. Pls clarify

Advocate Swaminathan Neelakantan answered
As the divorce case filed by your husband was dismissed, your marriage is still subsisting legally. Registration of a second marriage is not that easy. The procedural formalities have to be complied with. But, your point that marriage records are not centralised is a loophole in the system.

Q: NO LEGAL HAIRS. WHO WILL BE THE RESPONDENT WILL PROBATE

Sister in law (elder brothers wife) made a will to her three brothers in law (husbund's younger brothers) equally. She has no children. In this case all three brothers are Petitioners and who will be the respondents.

Advocate Swaminathan Neelakantan answered
Basing his claim on the Will, one of the brothers can file a petition for partitioning the property by metes and bounds, making the other two brothers Respondents. The court will then order for division of the property.

Q: rental lease money recollection from property owner

Hello, I took a property on lease before 2 years for INR 5,00,000. I vacated the property last year but property owner has paid only 30% of the lease amount and is not giving proper answer and postponing and failing to keep his word on repaying the amount. I have evidences of rental agreement, Phone call, and whatsapp recording. what should be the next step i have to take in order to realize my money from the owner.Thank you

Advocate Swaminathan Neelakantan answered
As you have already vacated the leased property, you can only file a civil suit for recovery of the balance due. Please engage a competent lawyer and arrange to file a suit at the proper court. Meanwhile, keep track of the lessor, as his/her proper address is required for serving him/her with legal notice, and later, court summons.