Advocate Vasanth Kumar B G

Questions Answered by Advocate Vasanth Kumar B G

Q: My husband has filed divorce under cruelty on me. My husband got SMS data of past adultery 7yrs back

My husband has filed divorce under cruelty on me. My husband got SMS data of past adultery 7yrs back and he is saying he want divorce now. At that time he knew that and accepted me . I also never talked with that guy after that. But that SMS data is valid in court how can he get that sms record without the authentication of me or that guy . Already he stayed with me for seven years after that is it valid in the court to show cruelty or adultery on this basis. Does this effect me to get alimony or maintenance to me and my child. I didn't remember exactly what I have kept in msgs but my husband is telling that there is a confession of adultery in that. Pls advise me soon. I am a Hindu.

Advocate Vasanth Kumar B G answered
Need not to worry. your case needs personal consultation. Further the data which your husband is subject to proof through cyber crime police and it needs lots of approvals. Your maintenance will not get hit.

Q: Illegal construction behind my house

There is a illegal construction behind my house due to which there is no proper sunlight. Complained to BBMP regarding it and the person who is constructing has political connection. So, seems like BBMP has taken no action. As per suggestion I went to a lawyer and gave all the original documents (proof of illegal construction as he has got no approved plan for constructing). Lawyer drafted and told he has submitted to the Karnataka high court and our neighbor and BBMP will get a notice soon and also promised me that the building will be demolished. Its been almost a month and still the case is pending for admission and the construction is going on. And my lawyer has stopped answering my call. I've decided to meet another trust worthy lawyer but I'm not sure if I'll be able to get a NOC from my present lawyer anytime soon. Kindly let me know what should be my next step. Can I directly go to the high court and request them to send a notice? I've been cheated. Kindly help. TIA

Advocate Vasanth Kumar B G answered
IF you want to change the lawyer there is no need of NOC as per the latest Karnataka High Court Judgement. Further in HIgh Court there may be issues with posting the matter before the court but still if constant follow up is there it can be brought before the judge but demolishing in a short period may be impossible. But If I am not wrong your case is something like this. You had approached BBMP and BBMP did not respond and therefore you had approached High Court for Writ of Mandamus asking directions to BBMP to take action. The legal Process is a time taking one but still with continous efforts it may be overcome.

Q: Unable to apply passport or Aadhaar for my son

I have got married to a divorce who has a son from her past marriage life. His birth certificate is having her X-husbands name in it. The same as been provided in his school. Currently we are facing challenge in changing the father name in all school records. I would like to have my name as father in all school records. We have marriage certificate with us for the second marriage to show if required. Because of this confusion with his document the kids is unable to apply Aadhaar or passport. We are worried where this is going to affect his future life. Looking forward for advice in how to proceed to sort out these issues related to documents. Will be so grateful if someone can help me out with this.

Advocate Vasanth Kumar B G answered
You cannot change your name as father in place of ex-husband of your wife. It is not legally permissible since in the event of future complications the DNA test will disprove the same. You may have to add your name as Step Father after giving explanation through an affidavit to the concerned authorities.

Q: Did transaction on my mother-in laws behalf from my account

My mother in-law bought a property in bangalore but some payments to the builder was done from my account. Will that be an issue anytime? As per my advocate we can do property registration with those txn details but later if some audit happens it will be an issue.

Advocate Vasanth Kumar B G answered
As far as the claiming of payment of tax is concerned you may face some issues since you had made payments for which you had not purchased therefore you may not be able to claim exemption under the income tax but as far the title of the property is concerned absolutely no problem since you belong to the same family and what matters is whether the vendor has received the sale consideration mentioned in the sale deed or not. It doesn't from whom he has received. The sale Deed is absolutely valid.

Q: Father died leaving behind joint account mother utilizing all money

My father had 2 joint accounts (with either or survivor clause selected) with my mother before he passed away. Now, my mother as a joint account holder is operating the account after converting it into her family pension account. We are 4 brothers. My mother wants to utilize the entire money according to her free will. She is not interested in distributing the money since all of us are well settled. Can we make any claim to the amount lying in the joint account of the bank while our mother is alive? Our father has not left any will or instruction to distribute his savings. Ours is a Hindu family.

Advocate Vasanth Kumar B G answered
yes you do can claim since under the HIndu Succession Act you are entitled for the left over movable or immovable properties in whatso ever manner by way of intestate succession as your father had not left any will as far as utilisation of movable property is concerned. The term either or survivor to operate only but not to utilise the said funds. Your mother cannot to the exclusion of other legal heirs utilise the said funds. You are very much entitled for the money.