CHENNAI: My wife’s family inherited a property by way of partition deed in 1967. In September 1985 the property was settled among her father, mother and brother (who was a minor then). At that time my wife was a major, but she was left out and no mention was made about her in the deed. In 2008, my wife’s mother died without leaving any will. Now, her father and brother both deny her any share over the property. My wife wishes to approach this matter legally.
How can she proceed for a share over the entire property settled in 1985 or over a share in the demised mother’s property? — G Ravindhar, Udumalpet
If the properties are ancestral ones, then your wife ought not to have been excluded from the division. Such an arrangement is invalid [see these two judgments of the Supreme Court which are upholding this proposition: 2018 (3) SCC 343 , 2011 (9) SCC 788]. You can file a partition suit in the appropriate civil court.
Is the CAT (Central Administrative Tribunal) open to serving only employees of central government or can pensioners also file a complaint? Can state government employees or pensioners approach it? The pensioners’ portal does not involve nor issues any direction to the department concerned when someone files a complaint there.
It passes on the buck to the officer of the department concerned and the nodal officer upholds department’s stand and washes off its hands.— KS Srinivasan, Mumbai
The CAT remedy is available even to retired pensioners. Central government employees and other notified central government establishments alone can approach CAT. It does not apply to state government employees. But, a member of all India services like IAS, IPS etc. can move the CAT. Members of the armed forces will have to go before the AFT.
My wife is an agent of Mandhuram Promoters. They periodically collected public money through their team leaders with a promise to invest the money in real estate business. After maturity, the money was to be returned as a valuable piece of lands or money with multiple amounts.
My wife collected money from the public at Pallavaram for the tune of Rs 8.5 lakh and paid it to the team leaders. She was given the receipt. After maturity of a period from 2015 to 2017, the company has not repaid any due amount nor have they given a piece of land to the people. Further, it is ascertained that the above company has collected money from all over Tamil Nadu for the tune of Rs 110 crore.
They have partly invested money in nearly 800 acres of lands in and around at Madurai. They promised to return public money only after the sale of the lands. But, they extend time with false promises. What is the remedy to collect the public money? — GA Harry
File a criminal complaint before the central crime branch. If they do not take action, you can move the high court which at times takes the extraordinary remedy of appointing a court commissioner and recovering the amounts due to the depositors.