The case in which there is no punishment by way of imposition of fine or imprisonment for violation of law is called a Civil Case. For example, if you are aggrieved that your property is encroached by your neighbour, you can file a civil case for getting direction from the court for removal of such encroachment. If you win the case, the encroachment will be removed. The encroacher will not be penalised in any other way by fine or imprisonment.
To put it in a nutshell, any right over property whether tangible or intangible (like Copyright, Divorce Law etc.,) involves a civil remedy. VPS Law firm have been successful for over more than 3 decades in getting quick relief for thousands of clients on every civil issue all over India.
To prevent an encroachment or to get an immediate relief, under civil procedure code CPC, we can get injunction orders [ Stay order ] preventing the other party from disturbing our client’s possession etc., of a property.
Property partition case & Will case
If you feel you have a right in the property – house, agriculture land, shops, bank balance, jewels, etc., of your ancestors but your sibling – brother or sister is refusing to give your share, you can file a civil case in any civil court in tamilnadu or where the property is situated. If your brother or sister is refusing to give a share for you claiming that there is a Will Deed executed by your late father in his favour, still you can file a civil case in any civil court in tamilnadu or where the property is situated. If the property is indivisible, one of the co-sharers can file a petition in court seeking buying of 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.
A Deed of Will is a document which states who should take the property after the life time of the person who writes the Will [Testator]. We offer to prepare the Will Deed and get it registered at reasonalbe charges and with quality. If the circumstances so require, we can come to your door step to prepare the Will Deed.
Who can write a Will?
Any person of any age willing to share his properties-movable [ Bank balance, Cash, jewels, vehicles etc.,] or immovable [ Land, building, House, Apartment, Industries, Business, Trademark, etc.,] can prepare a Will Deed favouring any person who need not be a relative. For example, any friend, any temple or a stranger, 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-law 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
A valid Will Deed is a title Deed. Therefore, it should be attested by two witnesses after the signature or left thumb impressions of the Testator. There is no specific do’s and don’ts for writing a Will. The only requirement is the testator should have sound health-physically and mentally and the presence of two witnesses who signed the will dead. We have prepared thousands of valid Wills all over India and all districts in Tamilnadu and ensured smooth division of properties.
Though registration of a Will Deed is not compulsory, it is advisable to register the Will Deed. Any person can write any number of Wills during his life time. Only the last Will Deed can be valid, if the statement in the said last Will Deed is clear about the intention of the Testator.
Landlord Tenant Disputes RCOP – [Rent Control Original Petition]
If the building / house owner refuses to receive rent for any reason, we offer to file a petition in court for deposit of rent. Law on buildings state that it is the tenant who should demand receipt for the rent or advance amount paid by him. If the landlord refuses to provide receipt, tenant should file a petition in court for deposit of rent. If the landlord tells the tenant to vacate the building or house unjustly, we provide legal service to defend the rights of the tenant and protect him from illegal eviction. We can also get injunction order to protect tenant’s possession of the property. If the landlord illegal cuts the electricity or water service connection of the tenant, we can get court order to immediately restore the said service connections.
If many tenant is illegally refusing to vacate the building or house we provide legal service to protect rights of the building owner to lawfully evict the tenant. If the tenant fails to pay rent amounts, we can file eviction petition and get court order to vacate him.
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.
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.
If the buyer or seller attempts to sell the property to a third party, we can file a civil suit for injunction against the other party and prevent his sale or constructing a building in the property under Specific Relief Act.
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.