Advocate T Kalaiselvan

Questions Answered by Advocate T Kalaiselvan

Q: Can patta be cancelled ?

Sir/Madam, We have a property which we bought in 2007, which i obtained PATTA transferred to my name in 2009. One person claimed this property having a similar document, he applied for PATTA two times in 2013 and 2019, both times enquiry was done by THASILDHAR and REVENUE DIVISIONAL OFFICER. After enquiry from both the parties they told they can’t cancel the PATTA issued to us and PATTA can’t be issued to them. Now the opposite party is threatening us that they will cancel the PATTA as they have approached the higher authority above the rank of RDO. I want to know is it possible to cancel my PATTA after two enquiries also, who can cancel the patta ?

Advocate T Kalaiselvan answered
Firstly be aware that the patta is not a title document. Having patta in their name cannot entitle them to take possession of your property. If you have a registered sale deed on your name then you can challenge their claim anywhere including the RDO or the court of law.

Q: OS Suit Converted to EP and Need to Understand ep full form in law and few other Status

Hello We have recently got to know about an EP Suit Filed by our Flat Builder in Chennai and the last status mentiond Summon/Notice Business : Sale Paper for JD by 28/04/2016 Could you please explain me the meaning for this mentioned Business. What is the os full form in court and ep and sb allowed meaning ?

Advocate T Kalaiselvan answered
The plaintiff/petitioner in the original suit or arbitration case has got a decree in his favor and as a decree holder he has filed the execution petition against the judgment debtor to enforce the decree awarded in his favor. If you received the summons, you should attend the court and file your counter to the petition filed against you.

Q: How to transfer property from brother to brother in india ?

I wish to transfer some of the properties (lands from Coimbatore and Chennai in Tamilnadu) to my own brother which was paid by him but registered in my name. Can I do the transfer by giving permission in a 'non judicial stamp paper of Rs.100' and get that document notarized? what is the rule for transfer of property between siblings ?

Advocate T Kalaiselvan answered
Transferring a property through an unregistered document shall not be valid in the eyes of law. If the property was purchased on your name by a registered sale deed document, it becomes your duty to execute a registered gift deed or a settlement deed in his favor which shall be the legally valid of transferring the property on his name as per your desire. There is legal validity for a document which has not suffered the stamp duty and registered properly with the registrar's office on such issues.

Q: How to speed up court cases process to get final judgement in civil revision ?

how to fast track court procedure to get the final judgement? Civil revision pettion no.2877/2013 filed on 23-08-2013 and uptated on 30-09-2013 thereafter no hearing till date. e.b.shivgnanam vs.v.bojarajan

Advocate T Kalaiselvan answered
Your advocate has to file a petition before high court seeking direction to the revision court for expediting the revision trial proceedings. Alternately,after finding the reasons for delay or stagnation, an application may be moved before the same court for an expeditious trial in the revision matter mentioning the difficulties and hardship faced due to the inordinate delay in taking p the matter for trial. Discuss with your advocate and proceed.

Q: Is probate necessary for a registered will ?

As per my father's will, I inherited his house at Ambattur, Thiruvallur Dist, Tamil Nadu. The will was registered in 1995 and he died in 1996. The will was not probated as Ambattur was NOT part of Chennai metropolitan city. But in 2011, Ambattur became part of Chennai City. Hence, I want to know whether the will has to be probated now?, is probate necessary for a registered will in chennai ?

Advocate T Kalaiselvan answered
Have you acted upon the will by enforcing the bequest in your favor, i.e., by transferring the property on your name as per the recital of Will and got the revenue records mutated on your name, if yes, this will be sufficient and no probate is necessary now. Hope the property is in your possession(?)