Justice K Chandru answers: Need help to get my daughter's Transfer Certificate
CHENNAI: My grand uncle, who died as a bachelor, left behind a will that a family property inherited by him should be shared equally among seven of his elder brothers. The will was probated in the Madras High Court. Most of the succeeding generation, like my father, are no longer alive. We learned from a lawyer engaged by us to partition the property that the registrar was of the opinion that we are not direct family of our grand uncle. Kindly advice how to proceed on having the property registered only as direct family.
— SAM
Since the property was obtained through a will which was probated and you have subsequently come into possession, there will be no difficulty in having an oral partition among the sharers. That oral partition which is subsequently reduced to writing can be registered with the registrar failing which you can have a partition suit filed among yourselves and get a decree from a competent civil court.
My daughter studied in one of the schools in Chennai. I transferred her to another school and I requested a TC. The school authorities asked me to send an e-mail to the principal and I did. I haven’t received any response. Now they are asking me to pay the fees for the first term of this year and only then they will give the TC. But, I have already paid the fees to the new school. Kindly advice.
— John
You can get the TC as a matter of right when you leave the school at the end of the academic year. Many CBSE schools claim that their academic year starts even in April which is not correct. You need not pay the fees for the ensuing year. The Madras High Court has ruled in K Nimmathi vs. State dated 18.5.2017, Madras High Court and directed as follows:-
“No school has any authority to deny the issuance of the transfer certificates and other documents, when the children opt to move to other schools. If at all there exists any legitimate claims against the parents, the School has to move the civil court for realizing the same, but the future of the children should not be held to ransom on this score.”If the school does not agree, either you can complain to the DEO of that area if it is a state board or to the assistant commissioner, CBSE School. Otherwise, you can move the High Court for a direction.