Expert explains

Published: 16th July 2016 03:50 AM  |   Last Updated: 16th July 2016 03:50 AM   |  A+A-

1 I first filed a case via an advocate at 128 Additional Law Chambers, which was subsequently entrusted to a senior advocate. The latter suddenly expired. Now his family says they are not able to locate the papers. Kindly enlighten on how to proceed.

Mangalavinayagam                                                                                                               

You can reconstruct the case papers by getting certified copies from the court.

 

2 My sister , Sridevi Tiwari is a US citizen who is settled in the US with her husband Jaya Tiwari. Mr. Jaya Tiwari had his father's  house in Bengaluru whose current value is close to 2 crores. Around 3 years ago, Mr. Jaya's mother passed away and now the property is enjoyed by two younger brothers. During the funeral, Mr. Jaya was rushed to the registration office and forced to sign some papers, which he did without enquiry due to being in a state of shock. Later on returning to America his business ran into losses and he was affected with cancer, due to which his family is in extremely dire straits. It would help if the house is sold and profits shared equally among the three brothers, with each one getting around 50 lakhs.But one of the younger brothers, who is well-settled, has not bothered to share the registered copy.Mr. Jaya is more worried about his health while my sister Sridevi wants to get something out of this deal so that it could benefit her family.Can Sridevi file a case in India, or should it be filed by her husband Jaya? How can we get a copy of the registered certificate, especially when we're not sure of what Jaya signed?

Kavitha Ashwin

Engage a local counsel.  He can search for the records in the concerned registrar office and locate the document in which Jaya Tiwari had signed.  Unless one knows what is the nature of that document, further course of action is not possible. Any case regarding the property can only be filed by your brother-in-law until he is alive.

CHANDRU.jpg 

3 I am a central government employee posted in Chennai. I recently got married and my wife lives with my in-laws since she doesn't want to stay with my parents. My father is a cardiac patient and due to the nature of my job, I am unable to take them along with me. But my in-laws are continously pressurising me to take my wife along with me, else they are threatening to file a false case against me(Dowry,CrPC 498A etc).They insist that I leave my parents and don't give a penny to them, even though everybody knows that my parents are dependent on me.This has taken a toll on my job. How can I solve this?

Jitender Saini

Live with your wife with or without your parents. In case they stay separately, pay for their maintenance because the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 obliges you to maintain them.  This you can explain to your in-laws.

 

4 I am a retired 66-year-old living in Chennai. I have investments in Mutual funds Bank FDs,  superannuation funds provided by company (from LIC) providing an annuity , a land plot that I bought in 1984 and joint ownership in a flat in Chennai (where we live now) with my son as the primary owner. I would like to pass on all my investments to my wife and son while I am alive and avoid the protracted and lengthy legal procedures that could come post my passing away.  I have nominations to all my investments except the real estate, but I am told that even nominations are not adequate(legally) to ensure the heirs get my investments quickly.Can you please advise if there are simpler ways to handle this?

N S Raghavan

Nominations are enough to succeed on the investments.  With reference to real estate owned by you, you can write a will.

 

Justice K Chandru is a former judge of the Madras High Court

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