loophole asks My niece married last but one year but not comfortable in her married life. Can we go for a divorce now before the year end and what is theprocedure. She is a Hindu aged 29 yrs. and has no children.
Nalini Chidambaram says IF the husband is also agreeable for a divorce, your petition for divorce by mutual consent can be filed under Section 13B of the Hindu Marriage Act. But, for divorce by mutual consent, the husband and wife should have lived apart by more than a year. The Supreme Court has interpreted the separation as even mental separation - in the sense even living together under the same roof - the spouces can be living apart. The petition has ot be filed at the place of last residence or where the marraige took place. If the husband is not agreaable for a divorce, then the wife can file a divorce on the grounds of mental cruelty if she is being harrassed by her husband. The procedure for getting divorce will involve nearly a year.
seena asks My sister is 17 yrs. and 11 months old. Can I get her married day after tomorrow?
Nalini Chidambaram says You can get her married only after she completes 18 years.
Dr.K asks Whether an Indian Muslim marrying second time when the first marriage is subsisting is an offence under the Indian Penal code?
Nalini Chidambaram says A muslim marrying a second time is not an offence under the Indian Penal COde since the marraige s saved under the personal law
Dr.K asks Whether on the grounds of desertion alone, divorce can be obtained by an Indian christian woman
Nalini Chidambaram says NO divorce can be obtained by a Indian Christian woman on grounds of desertion. However, on grounds of desertion a judicial separation, having the effect of divorce can be obtained. However, the Bombay High Court has recently held the desertion can be a ground for divorce for a christian woman. The court s interpretation of Section 19 of the Indian Divorce Act as judicial activism, since the section as such does not contemplate desertion as a ground for divorce.
Dr.K asks A Christian man marries a Hindu woman . After such marriage which personal law shall apply to the wife?
Nalini Chidambaram says The marraige would have been conducted under the Special Marraige Act. After marraige both the spouces retain their respective religions.
Dr.K asks On the ground of polygamy ,whether an Indian muslim woman can divorce her husband?
Nalini Chidambaram says As long as the number of wives is 4, the Indian muslim woman cannot divorce her husband on grounds of polygamy. If the number exceeds 4, she can sue for divorce
Dr.K asks Whether Divorce deed executed by a Christian couple and approved by a christian priest is valid under law ?
Nalini Chidambaram says No. Such a deed is not valid under law. The procedure is being resorted to by many christians in view of the limited grounds available for divorce under the Indian Divorce Act.
sarathbaradwaj asks 1. I want to purchase a property which is plotted out but it is not forming part of an approved layout would there be any diificulty in registering the sale deed?
Nalini Chidambaram says Yes. As far as Tamil Nadu is concerned, a Govt Order has been issued prohibiting registration of land which forms part of an unapproved layout.
Dr.K asks What do you think about the fate of Womens Reservation bill ?
Nalini Chidambaram says I do not expect it to be passed in the near future
prabu asks My aunt lives with her 2nd husband after her divorce from the 1st husband. She has a 30 year old daughter thru her 1st husband. Now my aunt has adopted a female child from an orphanage. Is the adoption valid?
Nalini Chidambaram says Yes. She can adopt a female child even if she has a daughter living. The adopted child will get all the rights of inheritance as the natural born child.
aggrievedsoul asks Do you also deal with tenancy problems & issues?
Nalini Chidambaram says Yes
prem2222 asks my friend got married in singapore.is it possible for her to get a divorce here.
Nalini Chidambaram says Yes, if the couple are Indians and they last resided in India before applying for divorce
aggrievedsoul asks There is a tenant in Coimbatore who is refusing to vacate & is defaulting on some rental. What legal action can I take? There is no lease agreement.
Nalini Chidambaram says Based on oral lease, the landlord can file a petition for eviction on grounds of wilful default in payment of rent.
Raama asks My father died in 1960,we four sons patittioned the property in 1990.A son was born to me in 1970 now claims half share in the partioned property-Whether he is eligible to claim?
Nalini Chidambaram says Your son is eligible to claim half share in the property alloted to you in the partition with your brothers. This is because the property which you obtained on partition is an ancestral property in your hands.
NRI12 asks My sister found out her husband was committing infedility in the US. HE is a green card holder, she is not. What is he legal option in the US? Can she clain for alimony? They have no children.
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com.
indrasenan asks My neighbour put up construction in my site without my knowledge and lived there for three years, when I first came to know of it.What am I do?
Nalini Chidambaram says A structure put up on a land belonging to another person, without his consent, would become the property of the person owning the land. You can file a suit for possession.
beirut asks is the govt legally covered in fining smokers
Nalini Chidambaram says The govt can fine smokers since they are implementing the judgement of the Supreme Court, which is law declared by the Supreme Court under Article 141 of the Constitution. Until Parliament or a state enacts a legislation, the judgement of the Supreme Court will be the law prevailing on this subject.
kuppuswamy asks What is the advantage in registering the Agreement for sale?
Nalini Chidambaram says The advantage of registering the Agreement for Sale is that proving the existence of the agreement will be easier than proving an unregistered document. But the law does not require the agreement for sale to be registered.
sasee asks I am a resident of US. my father gifted a house to me. how can i accept the gift?
Nalini Chidambaram says Please explain where the house is situate
subburam asks At the time of family partition, ,my father without even informing us has foregone our entire share including his share in certain properties in favour of his brothers.can we challenge it?
Nalini Chidambaram says In a joint family all the members who are coparceners are entitled to equal share in the family property. Assuming your father had a 25 % share in the property, you as his son are entitled to half share in his 25 % share as a right by birth. Hence your father cannot forgo your share in the family property in favour of his brothers.
prabu asks I have a son. Can I adopt a male child?
Nalini Chidambaram says Yes you can adopt. However, for the purpose of share in the property, he will not be considered as a coparcener and claim equal share in the property. If a property dispute is raised by the natural born son, the adopted son will not be entitled to a right in the property.
prasannasree asks i am married and have a school going girl. i want to adopt another girl baby for which my husband is not willing. advice.
Nalini Chidambaram says Without the consent of the husband, you cannot adopt. This prohibition will equally apply to a husband.
premkumar2222 asks hi, My brother got married last year. He is now in U.S. He is a green card holder. He wants to divorce his wife now. Can he divorce his wife in India
Nalini Chidambaram says For getting a divorce, the grounds for divorce as in Section 13 of the Hindu Marraige Act will have to exist. Also as far as the jurisdiction of the Courts are concerned, Indian Courts will have jurisdiction, if the marraige has taken place in India or the couple last lived in India before applying for divorce.
anu asks My friend s husband married her with his first wife s permission. Is her marriage valid?
Nalini Chidambaram says The second marraige, even with the consent of the first wife is not legal if the husband is a Hindu or Christian. This doubt arises in the mind of the people only because under the Criminal Procedure Code, the aggrieved spouse alone is empowered to file a criminal complaint on grounds of bigamy, which is a criminal offence. For all other criminal offences, the State is the complainant. Therefore, people are under the impression that once the consent of the wife is obtained, the second marraige can become legal. This is totally an incorrect perception of the prevailing law.
NRI12 asks Madam, the problem is that he is not still vacating and he is claiming we are harassing him!
Nalini Chidambaram says The solution to your problem is for you to approach the Rent Control Court and obtain a decree for eviction.
Bafnababu asks Iam a hindu Iwant to adopt a child from the christian missionary. can i adopt?
Nalini Chidambaram says The concept of adoption is recognised only under the Hindu Law. If you want, you can maintain a child which you can choose from a christian missionary and get a declaration that you are the legal guardian of the child.
shekar asks madam, i am contemplating buying a property in chennai. (anna nagar) Though the title deed looks alright at first glance, i have an uneasy feeling because it belongs to a hindu joint family . i am not aware of the implications and solicit your advise
Nalini Chidambaram says If the property belongs to a HUF, the sale deed has to be signed by all the members of the family.
subburam asks . I entered into a sale agreement. It was agreed that the sale deed should be registered within 3 months. Advance amount was paid. Now the 3months period lapsed. I dont want the property now. What should i do?
Nalini Chidambaram says If the other party sues for specific performance of the agreement it is for the court to decide whether time was the essence of the contract.
Shailendra Jain asks Can i claim tax benefits against HRA & housing loan at the same time?
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
premkumar2222 asks hi, I would like to know whether the hindu woman can get the property of her father after his death?
Nalini Chidambaram says Yes. Under the Hindu Succession Act daughters, wife and mother are Class I heirs alongwith sons.
akshay asks u there mam
Nalini Chidambaram says Yes
stree asks I am planning to extend my housing board flat in Bangalore, but my neighbour is objecting. This is as per the housing board guidlines. Can I still go ahead?
Nalini Chidambaram says If the extention you are contemplating is within the development control rules of Bangalore Corporation, your neighbour cannot object.
sai asks i was born and brought up in India. Now i am a permanent resident in Australia. I don’t have a kid. I would like to adopt my sister s kid. What should I do?
Nalini Chidambaram says If you are a Hindu, you can adopt a child and obtain the court permission in India and take the child to Australia.
ravi asks In the absence of a will by a father do the heirs have equal claim to all properties and assets.a
Nalini Chidambaram says If the father dies intestate all Class I heirs will have equal share in the father s property. Class I heirs are sons, daughters, wife and mother.
wannaask asks My friends has innocently signed as board of director of a company but they were not involved in any of the activities of the company .But now all the legal issues reg that company is coming to them .pls advice what they can do.
Nalini Chidambaram says For being recognised as a director, you would have signed the consent forms to act as director. Therefore, the question of innocently signing does not arise. However, if the activity of the company is criminal in nature, you can prove that you were personally not involved in the crime.
Shailendra Jain asks Is it possible to take housing loan on my name & get the house registered in my wife s name so that I can claim HRA by paying rent to her?
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
bindu asks i have been separated from my tortures husband for the last 9months .ihave decided to go for a divorce.i have no children from this marriage. iwas married for 6yrs
Nalini Chidambaram says You are entitled to divorce on grounds of mental and/or physical cruelty if you are a Hindu.
manojpraveen asks I am a hindu, my father wants to will away his entire self acquired property to temple and charity. can he do so without provididng for us.
Nalini Chidambaram says Yes. A person is entitled to dispose off his self acquired property to any person he wants.
kavitha asks i am residing in Dubai for the last 10 years. Can i inherit my ancestral property which is agricultural land in india.
Nalini Chidambaram says Yes. Inheritance is by operation of law. Your residence in a foreign country will not have any impact on your right to inheritance.
ravikumar asks As a partner in a firm do I have all claim and rights over all assets
Nalini Chidambaram says As far as Partnership, no person can lay claim over any particular asset. The firm is the owner of all the firm s assets.
sumathi asks my paarents r divorced and i mam living with my father .. he is planning to get married again. so wat will be my legal claim or how can i proceed against himm ..
Nalini Chidambaram says Your father has a right to marry since he is legally divorced from your mother. You cannot prevent your father s second marraige. As far as his properties are concerned, you will have equal right alongwith your step mother over the properties left behind by him on his death.
sbs24 asks Iam a court auction purchaser when the property was sold it was not subjected to any encumbrance. now a mortgagee of that property from the real owner filed a suit against me for recover of money.am i bound to discharge.
Nalini Chidambaram says The court auction purchaser purchases the property free from encumberances unless the encurmberance was disclosed at the time of court sale. You are a bonafide purchaser for consideration. The property cannot be proceeded against by the mortgagee.
sasee asks i reside in US. my husband has filed a divorce in Madras High Court. Can i prosecute the case by giving power of attorney to my father?
Nalini Chidambaram says No. Divorce proceedings cannot be prosecuted by a power of attorney.
anjalitandon asks We were a childless couple, my wife inherited from her father, now my wife has expired, will i get a share in the property or will it go to her brothers?
Nalini Chidambaram says The husband will have priority over the brothers
gorvaki asks I married a christian in the year 1999. My father wrote a will in which he did not give any property to me. I suspect the will. What can I do?
Nalini Chidambaram says While probating the will, the court will issue notice to all the legal heirs. At that time, you can raise objections regarding the genuineness of the will
anu asks Madam! My sister s husband is torturing her a lot can she divorce him? We are Christians.
Nalini Chidambaram says FOr a divorce under the Indian DIvorce ACt, which applies to Christians, cruelty should be coupled with adultery. However, the Bombay High Court has recently held that cruelty can be an independent ground for divorce.
crindran asks I have purchased a Flat in Chennai.Builder has sold part of the open space as reserved car parking area, though the whole space is supposed to be common area.What legal remedy I have?
Nalini Chidambaram says The builder would have shown the space as a common area while getting approval from the CMDA. Hence, you have a right to file a suit to injunct the use of the common space as a reserved parking area.
muthiah asks Adoption of a child merely by way of communal/cultural ceremonies and without any deed or registration, will it become valid under court of law?
Nalini Chidambaram says If the custom of the community permits adoption without any deed or registration, the adoption has to be recognised as valid by the Court of Law.
amith asks i am a partner in a firm.How can i claim my share in the firm
Nalini Chidambaram says You can claim your share only on dissolution of the partnership firm. However, unless grounds for dissolution exist, it is not possible for you to get your share in the firm without cooperation from the firm. Share can can also be claimed on retirement of the partner in accordance of the terms of the partnership deed.
ganesan asks I have inherited a property from my grandparents. I wish to sell it. My son who is 28 claims he has a share in the property, and says he is entitled to a 50 % share in the proceeds. Is he entitled to this?
Nalini Chidambaram says Your son is right while claiming 50 % of the share since the property is ancestral property in your hands.
akshay asks Iam sorry to ask u this question i ned u r number , or where can i come and meet u . there is some thing inportant which we cannot discuss in Public and iam really sorry for that.
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
Radha asks I pucrhased a plot of land which according to the parent document is a Patta land. Now the Revenue authorities say that the land is porampokku lanf. .Please advise me what to do
Nalini Chidambaram says You have to file a suit for declaration of title based on documents in your possession and revenue records.
shekaras asks madam r u there?
Nalini Chidambaram says Yes
tamil asks A friend of mine filed a Divorce petition by mutual consent. But after the 6 months period he is not co-operating with the petition for mutual consent. What can be done.
Nalini Chidambaram says The divorce by mutual consent cannot be granted if after 6 months, when the petition comes up for hearing, one of the spouces has changed his or her mind. Only solution is for the spouce wanting the divorce to file a petition for divorce on grounds mentioned in the personal law of the person.
mnagasubramnian asks good afternoon madam.The income tax on cost to the company basis makes the salaried pay tax on income not received. can we challaenge this .
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
kunwar bedi asks hi mam
Nalini Chidambaram says Hullo
Raama asks Civil court attached standing crops in a field. But it was clandestinely harvsted by the JD.Court filed a complaint against JD under section 198 of I.P.C. before criminal cout. Is the charge sustainable?
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
wannaask asks Madam I need to ask some more Questions can u pls send me u r contact info to meetuasap@rediffmail.com
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
shalini asks We have a family business which at this point of time is not doing well. A relative of mine has come forward to help me towards this and has paid off all my debtors.
Nalini Chidambaram says What is your query?
shalini asks The land and building is in the name of my business. Now my relative has the title deeds. He has not yet transferred it to his name. is it valid to just possess the title deeds and not register it? can i have claim on it later?
Nalini Chidambaram says Physical possession of the documents cannot confer title.
chella asks i have not received the order copy in a case even after 45 days and the reason cited is the order copy is not yet signed by the concerned person. do i have any recourse?
Nalini Chidambaram says You request the Registry of the Court to expidite the issue of the order.
kunwar bedi asks i am married for 5 years and i have a 2 years old child . for a past 2 years my wife don t like to live with me. if i apply for divorce will i be liable to pay maintenance.
Nalini Chidambaram says Yes. As a husband you are entitled to maintain your wife and child unless the wife has an independent income.
jaijai asks my father was against my love marriage. now he is refusing to give any share of property which includes ancestral property also. can i calim share in my ancestral property.
Nalini Chidambaram says Yes you are entitled to share in anscestral property, regardless of your love marraige not being approved by your father.
shyamshankar asks hello goodevening everybody,
Nalini Chidambaram says good evening
sasee asks i own property in US. Can i execute a gift deed in my father s favour and register the deed in India?
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
Karthik asks is the divorce law different for different religions?
Nalini Chidambaram says Yes
Bafnababu asks My mother executed her will at saliayur. her property is situated at trichy. now we are residing at minambakkam. should i register the will. what about probate madam.
Nalini Chidambaram says The will can be registered only by the person who made the will. As far as probate is concerned, unless the property is situated within chennai or the will is executed in chennai, the probate of the will cannot be obtained from the Chennai Courts.
revathi asks Madam, I am from Hyderabad. I am now in the States. My husband has been here from 96 and has a living relationship with another woman here.I am dependant, and have no issues, and I want a legal seperation. What should I do? Please help.
Nalini Chidambaram says If you were married in India or last residing in India alongwith your husband, you can seek divorce in Indian Courts. Otherwise, you can consult the matrimonial lawyers in the US for a divorce in US.
suresh asks I have divorced my wife 20 years before . have a male child and my wife is having the custody. now the boy is claiming share in my property. is he eligible to claim after 20 years.
Nalini Chidambaram says Yes.
syed asks who has a greater right on a inherited property- a direct heir/grandson/grand dauhter?
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
ajaykumar asks evening madam. I am from chennai, and want to buy a property from a relative at a price lesser than guideline value. What are the implications when I try to register the property at this price?
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
kumar asks Last year i had purchased flat from a leading builder in Chennai- with great promises of free car parking facility ,24 hour water, intercomm and what not.
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
syed asks i am 40 year old married man wit 2 children.My children and i are christians while my wife is a hindu.she threatens to divorce me if the children are not brought up as hindu progeny. can she do such a thing
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
ram mohan asks Hi, I m an NRI. Want to buy a property in B lore at a very reasonable price (my father says)The property is under dispute (between brothers)
Nalini Chidambaram says Please send the query to myvakil.com for a detailed consultation or email to customercare@myvakil.com
Naga asks hi i am married for two years.It was an arranged marriage.We haven t had a child so far.She wants to break this marriage on these grounds. Is it possible?
Nalini Chidambaram says No
