Advocate Swaminathan Neelakantan

Questions Answered by Advocate Swaminathan Neelakantan

Q: How to cancel gift deed registered by force ?

My mother gifted house to my sister due to her compeling. Now she want to cancel the gift deed. can we cancel gift deed ?, How to do that?

Advocate Swaminathan Neelakantan answered
If your sister had accepted the gift by taking possession of the house and is enjoying its possession, and if the gift deed was duly registered in your sister's name, nothing can be done now legally for cancellation of the gift.

Q: Builder charging interest on late payment ( intrest 18% )

Hello sir/mam we booked a house in November 2016 as for the starting instalment of payment we made delay for 3 months which was made in March 2017 after that also there was some delay in payments..... do builders can charge 18% int. on the given demand amount ...? as we have requested them for wavier they are telling that they have taken a bank loan so they want to pay interest. to the bank ....is this true?, can builder charge interest on delayed payment ?,how much interest can builder charge for late payment?, kindly help me

Advocate Swaminathan Neelakantan answered
The construction agreement executed by you with the builder has to be examined in order to see if the builder is justified in charging interest at 18% for delayed payments. The loan arrangement the builder has with the bank has no relevance in the context.

Q: Procedure for correction of spouse name in ppo

I am an Ex service man. At the time of my marriage in church my wife's name was given as per baptism records, and the same was recorded in my Personal service records. After my retirement the family endorsement in the pension papers was made based on Service records. Now, as per SSLC book my wife's name is different on which she has PAN, AADHAR card and bank account. Now the issue is how to make name correction in ppo so that my wife gets family pension after my time? Because bank account is as per PAN/ AADHAR name.

Advocate Swaminathan Neelakantan answered
It is better to modify your wife's name in your pension records based on her PAN and Aadhaar cards to avoid any unnecessary hassle tomorrow. If you submit supporting proof for the purpose, the pension paying authority will oblige.

Q: what to do if buyer fails to pay remaining amount in sale agreement?

I have entered into a sale agreement for 3 months with a buyer for sale of land at Chennai. the Buyer has paid onethird the the total sale consideration. The balance not paid and the agreement expires on 8th May 2018. In case the if the buyer fails to pay the balance and proceed for registration of land , will the existing sale agreement become Null and void. If so Can I go ahead and sell to another party after May 8 and refund the Payments made by first buyer. what to do if buyer doesn't pay? pl advise

Advocate Swaminathan Neelakantan answered
According to the agreement of sale, both of you have to fulfil your respective obligations before expiry of the agreement. After expiry, both are free to act as they deem fit. Check if there is any forfeiture clause in the agreement.

Q: What are the laws if husband beats his wife in india ?

Is any law support husband beating wife by listening his parents words, what to do when your husband beats you ?

Advocate Swaminathan Neelakantan answered
Yes, you may please lodge a complaint against your husband for domestic violence, with the women's special police station having jurisdiction over your place of residence. You may include your in-laws also, if necessary, in the complaint.