Civil Lawyer

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FAMILY LAWS – CASE HISTORY FORM

(to be filled-up by the client)

A case that does not involve punishment such as fines or imprisonment for violating the law is known as a Civil Case. For instance, if your neighbor encroaches on your property, you can file a civil case to obtain a court order for removing the encroachment. If successful, the encroacher will not face any other penalty such as a fine or imprisonment.

In summary, any dispute over property rights, whether tangible or intangible, falls under civil law. VPS Law firm has a proven track record of obtaining prompt relief for clients across India for over three decades on various civil matters.

Under the civil procedure code CPC, injunction orders (also known as Stay orders) can be obtained to prevent the other party from disturbing our client’s property rights or possession and obtain immediate relief.

Property partition case & Will case

If you believe you have a rightful claim to ancestral property such as houses, agricultural land, shops, bank balances, jewels, etc., but your sibling(s) is refusing to give your share, you can file a civil case in any civil court in Tamil Nadu or where the property is located. Even if your brother or sister is claiming that there is a Will Deed executed by your late father in their favor, you still have the option to file a civil case.In cases where the property is indivisible, one of the co-sharers can file a petition in court to buy out the other shares at market value.

If the property involves clearly divisible like two houses of same value for two parties, it is easier for division. Still there may be problems in splitting and allotting the property.

Wills:

A Deed of Will is a legal document that outlines who will inherit the property after the death of the person who wrote the Will (Testator). We provide the service of drafting and registering the Will Deed at a reasonable cost while ensuring quality. In case of necessity, we can even travel to your location to prepare the Will Deed at your doorstep.

Who can write a Will?

It is possible for anyone of any age to express their wishes regarding the distribution of their movable or immovable property through a Will Deed, which can favor anyone regardless of their relationship with the Testator. This means that one can choose to leave their property to a friend, a temple, or even a stranger. Additionally, the Will Deed can be created to favor various family members, such as father to son, son to father, mother to son, son to mother, father to daughter, daughter to father, mother to daughter, daughter to mother, in-laws, and cousins.

Who Can be a beneficiary under a Will Deed?

Even a property which is in dispute can be included in the Will Deed. Online legal service for any documentation including preparing a Will Deed is always available at VPS Law Firm.

Valid Will Deed

Having a valid Will Deed is important, as it serves as a title Deed that should be attested by two witnesses after the Testator’s signature or left thumb impression. Writing a Will does not have any specific rules, but it is necessary that the Testator is physically and mentally healthy and that two witnesses are present to sign the Will Deed. Our law firm has prepared thousands of valid Wills across India, ensuring smooth property division. Although registration is not mandatory, it is advisable to register the Will Deed. Moreover, a person can write multiple Wills during their lifetime, but only the last Will Deed will be considered valid, provided it clearly expresses the Testator’s intention.

Landlord Tenant Disputes RCOP – [Rent Control Original Petition]

In case the building or house owner refuses to accept rent, we offer to help tenants file a petition in court for depositing the rent amount. According to building laws, it is the tenant’s responsibility to request a receipt for any rent or advance payment made. If the landlord refuses to provide a receipt, tenants can file a petition in court to deposit the rent.

If a landlord unjustly asks the tenant to vacate the property, we offer legal services to protect the tenant’s rights and prevent illegal eviction. We can obtain an injunction order to safeguard the tenant’s possession of the property. Additionally, if the landlord unlawfully disconnects the electricity or water services, we can obtain a court order to immediately restore the services.

If multiple tenants are unlawfully refusing to vacate the property, we provide legal services to protect the building owner’s rights to legally evict the tenants. In the event of tenants failing to pay rent, we can file an eviction petition and obtain a court order to vacate them.

Any person aggrieved by any order by any court, can file an Appeal challenging the said order or judgement. We file the Appeals in the courts wherever available. For example, if the court order is against a person claiming a share in the property, we can Appeal against  the preliminary Decree or the final Decree.
Transfer of ownership of property from a living person to another living person can be through sale, gift, exchange etc., Transfer of ownership of property from a dead person to a living person can be only through Will Deed.
There is a popular wrong notion that if a person executes a sale agreement regarding a property for a specific period, then the buyer cannot claim right of sale after the expiry of that specific period. It is not so. Even if the agreement period expires, the buyer can have the right to enforce the sale agreement under certain condition. Readiness and willingness of the parties  to the agreement to perform their part of the contract is the test the court will verify to decide who should win the case. It is the buyer or seller who should inform in writing with proof of delivery the other party about his readiness and willingness before the agreement period expires.

offer all legal services

We offer all legal services to the buyer or seller regarding all disputes under any contract, partnership, agreement, sale Deed etc.,We offer all legal services to the buyer or seller regarding all disputes under any contract, partnership, agreement, sale Deed etc.,including preparation of documents like contact agreement, partnership agreement, sale agreement etc.,

Service Contract, Maintenance contract, labour contract and documents relating to other contracts can be prepared by us.Including the services required for registration of documents.

 

Procedures and  FAQ

All civil cases involve payment of court fee and therefore expensive. Court fee rates differ based on the nature of relief claimed. For example, suit for  recovery of money based on promissory note etc., attract a different court fee than a suit for injunction. We will ensure that the opposite is summoned to the court to answer our case.

After the opposite party appeared in the court through his lawyer, court will grant time to file their written statement up to 90 days. Thereafter a date will be fixed for adducing evidence-oral and documentary.  This stage is called TRIAL. After this stage, lawyers will present oral and written arguments on why the case should be allowed or dismissed as the case may be.

Finally judgement will be pronounced. This may take roughly one year to two years.Certified copy of the Court Order in any case has to be applied after paying a fee and obtained for further action.

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