Advocate V. Jemmy Vasanth

Questions Answered by Advocate V. Jemmy Vasanth

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 V. Jemmy Vasanth answered
Contested and decreed with cost means you have already entered appearance in the case either personally or through an advocate.You have to bear the expenses shown by them in the cost memo filed by the Plaintiff. It seems serious and it is better to concentrate in getting Judgment & Decree Copy at the earliest and proceed further.

Q: How to divide fathers property if there are kids from 2 wives

My father was dead. He married 2nd wife after 1st wife's dead. I am 2nd wife's son. His 1st wife have 2 children. So totally he has 3 children. So the property of his mother will be shared as 3 parts or 2 parts?? The property will go to his wives or his children??.Please help me out for this. It's very urgent.. please anyone

Advocate V. Jemmy Vasanth answered
details not sufficient as to the living status of your grand mother and the religion you all belong to.Several Supreme Court judgments are there in favour of illegitimate children also as far as the property is concerned.

Q: Unable to attend family court for case what to do now

Did not attend family court notice on 24/8/2017 in coimbatore , notice send by my wife through mutual concent, both are staying in uae, i could not attend to financial issue but wife attended, do not know the result. OS42/2017 HS24/8/2017 P S NO 2840, we are muslim. what will be the next motion, any possibility for counseling and make reunion ?

Advocate V. Jemmy Vasanth answered
As per the details given by you it is understood that the said case was called on 24.08.2017 and you were set exparte , posted the case to 29.08.2017 for exparte evidence. On that day, exparte evidence was taken, and it was posted for Judgment on 08.09.2017. On 08.09.2017, divorce was granted. You have time upto 07.10.2017 to file petition for setting aside the said Order. Even after that you can file it along with condone delay petition giving proper reasons for your non-appearance. Kindly cross check once again if that was your case.( advocate appeared for your opponent is Steffina Rose and the Court is Addl.Family Court, Salem)

Q: Procedure to obtain for the legal guardianship certificate to claim PF

To claim PF amount for my minor kids, i am told to produce legal guardianship certificate. Please help me to find information about how to get legal guardianship certificate. is there any other option to waive off this?

Advocate V. Jemmy Vasanth answered
Hope you are talking about legal heirship certificate. If death occurred recently, you can apply to the Tahsildhar and get it. If there is time gap, you will have file suit before the Court of Law and seek proper remedy.

Q: Motor Purchase Agreement - Party Not Returning The Advance Amount

Dear Sir/ Madam, I given advance 12lakhs to one person for purchase 2 buses. I gave 2 times by splitting the amount 5lakh, 4 lakh and 3 lakh already he has to give me. When I gave 5 lakh he gave one agreement to get sign from me. In that he put advance amount 5 lakh and settlement date was within 50 days but I asked 60 days time then he accepted but he said agreement is just formality to show to my wife. so that I believed him and put signature. He kept with him original copy and said next day will give the xerox copy to me but not given till last. After that bus got accident so I could not arrange the loan so he given 30 more days time. Within that period I arranged the loan amount and balance amount. For receiving loan amount he has to put signature in the ROT Office for name transfer process. He agreed earlier but finally he did not. So I could not settle the amount as he did not put signature. Now he is telling that can not return the advance amount 12lakh. What could I do? Kindly

Advocate V. Jemmy Vasanth answered
If you have proof proof for payment you can issue legal notice narrating all the facts and advise him to return the amount within a fixed period. If he does not heed your request even after that, you can approach the Court of law. For any transaction based on Agreement, the limitation period is 3 years.