Expert explains

Published: 28th May 2016 04:30 AM  |   Last Updated: 28th May 2016 07:38 AM   |  A+A-

CHENNAI: 1My mother passed away in 2003. We have misplaced her death certificate. How can we obtain a new one? I have some shares in the name of my mother and some shares in joint names of my  mother and my name as a second applicant.

R Chandar

There is no difficulty in transferring the joint shares in your favour. You can produce another death certificate after applying afresh from the local body.  With reference to the shares in the name of your mother, you need to have the No Objection Certificate from the other siblings.  

 

2I have come across judgement of sentences of 120-140 years in foreign courts. Does it serve any purpose, especially when the maximum longevity is 120 years.  Are such judgements given based on legal sanction?

S S Subramanian

In our country also courts have started giving sentences which may run beyond the period of longevity  of a person and there is no legal prohibition. It is better than giving death sentence.

 

3 I am 60 years old. My mother left  a  registered will for her 23 cent self-acquired land. After her death my brother, without issuing  notice, got patta  for 11.5 cents, applying that he has equal rights for 23 cents. I filed a   petition in AC court Mangalore, requesting correction to issue 23 cent patta only in my name based on the will.  AC has not passed any order for nearly two years.

Alfred Arouza

File a civil suit against your brother in the courts under which area your property lies and ask for a declaration of your title on the basis of the will executed by your mother and also a mandatory injunction against your brother.

 

expert.jpg4We, a family of seven brothers and one sister, were approached by a Chennai builder in July 2011. He was planning to develop 12 flats and we entered into an agreement with him and gave a cheque for 10% of the apartm ent cost towards advance for eight flats. The agreement stipulated that if he fails to obtain building plan approval from CMDA within four months, he has to return the advance with interest. Since he failed to get approval even after six months, we asked him to return our amount, which he did not do. Finally we filed a case against the Builder in National Consumer Dispute Redressal Commission (NCDRC), which recently ordered the builder to return our advance with interest. But the builder has still not acted on the order.  R Santhanam

Seek for arrest of the deficient service provider in execution of the order passed by the NCDRC. 

5I am an unmarried 40-year-old male working at Department of Atomic Energy, Kalpakkam.  I plan to adopt my sister’s two children (one girl child 12 years, one boy child eight years). We are on good terms and they are ready to give their children in adoption. If my brother in law wants to leave any property, money or nominate his children (after I adopt them) what is the legal procedure? In future, is it possible to cancel the adoption and allow them to retain their relationship?

K Ravi Shankar

Once children are given in adoption, the said action is irrevocable. Under  section 12 of the Hindu Adoptions and Maintenance Act, 1956, an adopted child shall be deemed to be the child of his adoptive father and entitled to all the properties of the father. At the same time, it loses its right to receive any property from the biological parents.  However, there is no bar in the biological parents giving any property to the child given in adoption. This can be done either by way of a gift or settlement.

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