CHENNAI : I have filed a review petition in Madras High Court regarding a government land acquisition case. It is not being listed for hearing since the concerned judge is not sitting singly. I am a senior citizen, and the case is going on since 2006. How can I expedite the hearing? — S Mani
You can send a query under the RTI Act to the Public Information Officer, High Court regarding the status of your Review Petition and the reason for the same not being listed. Then probably the court may fix a date after consulting the concerned judge.
I am a widow and a senior citizen. My husband in all good faith gave a sum of Rs 4 lakh to a builder as he was on friendly terms with him in 2012. After his death in 2014, I could get back Rs 2 lakh three years back. Since then I am again making rounds to his office, but have not got the money. I don’t get the interest and all his cheques have bounced.
The documents, and his handwritten letter promising to give the money are with me. To my dismay, I found his office closed when I went four times in April. I am helpless regarding this case as I do not know where he stays. Will it help if I engage a lawyer or if I lodge an FIR? We do not have any property. — J Rammoorthy
Consult a criminal lawyer and file a case under Section 138 of the Negotiable Instruments Act in the Criminal Court for the dishonouring of the cheque. You can also give a criminal complaint of cheating. Find out the whereabouts of the person and his residential address to record in the complaint.
I have a small piece of land in my name and I want to sell it, but I need to get the patta. The office of Thasildar asks for the parent document of this land, but this is an ancestral property and it was unregistered. I only have a copy of the unregistered will. I might need legal heir certificate, death certificate of the owner, the patta and revenue records which stand in the name of the owner for five years prior to his power deed made to the agent. I got the date of the certificates from the plot promoter who had a copy of legal opinion of a government pleader.
What revenue records should I have to get and from where? Where can I get the copy of the patta of the owner? Can I get the legal heir certificate and death certificate. I have the copy of the power deed. Would they have furnished the above copies while giving power to the agent, in which case can I get it from the sub-registrar office? — Murali R
You cannot get the documents listed by you.
There are two courses open to you.
File a civil suit for a declaration that you are the owner and get a decree which will help you to get a patta. Since there won’t be any contest in that case, the case may end soon.
Otherwise, the easiest method is to mortgage your land with a bank and obtain a loan. The registered mortgage will be entered as an encumbrance against the property. Then you can redeem the mortgage which will also be entered in the records as no encumbrance. With this, any purchaser will be satisfied and still buy the land without any patta.
A real estate/property advisor suggested that it is best to let out property using a ‘licence’ agreement instead of ‘lease’ or ‘rent’ agreements as licence only gives the occupier the right to use the property unlike rent or lease. We would like to know if letting a property out on ‘licence’ is better and if a licence agreement also needs to be registered in TN? Is there a time cap for issuing a licence, say 11 months, or can we issue it for a longer term, say five years or more? — Anonymous
Since the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 is yet to be notified, there is no necessity of registering a tenancy agreement.
The 11 months agreement so far done between the house owner and the tenant is only to avoid payment of stamp duty. Otherwise it has no legal value. Either the old 1960 Act or the new 2017 Act will have overriding effect over your agreements. Whether you call it as a rent or lease it makes no difference in terms of the law. Further, if the new law is notified, you will have to compulsorily register your agreement and pay full stamp duty on that agreement.