Expert explains

Published: 12th February 2018 12:50 AM  |   Last Updated: 12th February 2018 04:12 AM   |  A+A-

Express News Service

CHENNAI:My father, who won the case on a land dispute in a lower court, went eventually for a mutually accepted compromise since the other party went on appeal in the high court and my father was unable to fight the case due to old age. Should we now call the opponent party to register the divided portion of the land in our respective names? Is there a time limit for it?
–R Krishnamoorthy
Since the division of the property by mutual agreement was confirmed by a court decree there is no need to separately register the division. On the strength of the decree issued by the court, you can get patta.  There is no need for you to go to the registrar for any registration. You can safeguard your share of the property by proper fencing and if necessary putting a watchman.

My husband is 75 years old and not in good health. He build a house on a land he bought out of his own earnings. Recently we demolished the old building and built a new one with two floors. Both of our sons contributed to the building cost. One floor is occupied by one of our sons and another son is presently abroad. I and my husband are living in that portion now. We want the other son get this portion after our lifetime and we feel we should create a will or settlement to prevent future problems after out lifetime. Kindly advise.  
–Arundhati
Your husband can write a will leaving the house in which you are presently residing in favour of his son  and also reserving the enjoyment of the house till your life time. The other house you can write in favour of the other son.

There is a 3-ft foot space between two houses and they say it is right of way. So who does exactly own the land? What ‘right of way’ means?
–Mohan
Normally the passage between two houses are shared equally or sometimes on the basis of the land under the ceiling roof projected from the outside wall. Actual measurement of the entire land on the basis of the original title deeds alone can ascertain the real owner.
Even otherwise the right of passage (right of way) is an easementary right and is naturally available to all persons living in both houses
abetting the passage. An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement.

Two brothers had divided an 80 cents of ancestral land among themselves in 1970 and each of them had two sons. After their demise, their families had partitioned then land in 2012. Now the family has sold their share to a developer in 2012 itself and the developer has built 42 flats on the land. We have booked a flat for us in this. The grandchildren were not included in the partition deed or in the developer’s sale deed. Since the property is ancestral, the grandchildren will have any coparcenary right in the UDS? Should they be included in the sale deed in our name?
–A Kathiresan
There is no necessity to make the minor grand children as party to the sale proceedings.

On my complaint regarding medical negligence in 2005, a district consumer forum gave a verdict in my favour 2014. But the opposite party went in for an appeal in the State consumer commission. But the case hasn’t come up for hearing. I am 80 now. What I can do to speed up the case?
–PV Thyagarayan
Move the state forum with an application for an early hearing. Now that there is a full time president, you may get a chance of an early disposal.

Justice  K Chandru is a former  judge of the Madras  High Courtexpertexplains@gmail.com

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