Expert explains

Former judge of Madras High Court(Retd.) Justice K Chandru answers your legal issues.
For representational purposes.
For representational purposes.

CHENNAI :

Can an apartment residents association stop water supply to residents who are defaulters?

- AMTFOA MC Byelaws & Statutory Compliance Subcommittee

If your Association is registered under the Apartment Owners Act, there is some power to deny water supply. Otherwise, you will have to file a suit for the arrears of amount due to the Association. In respect of claiming arrears from the persons who sold the apartment, you will have to have a by-law for the Association under which you can claim from the new purchaser.

Sometimes we come across judgments given even by the Supreme Court which appears to be blatantly partial, particularly in respect tocases involving the ruling party functionaries. We find some of those affiliated to the ruling party involved in heinous criminal crimes being exonerated on flimsy grounds, walk out freely and even contest elections.

With respect to such verdicts, can a citizen who feels the judgment to be blatantly partial raise his objections against the judgment openly? Will it tantamount to contempt of court? Is there any other way to express one’s dissatisfaction in such cases without attracting the wrath of the courts?

- Tharcius S Fernando

The Supreme Court is infallible not because it cannot make mistakes. But because it is final. There is no question of any third party objecting to the order passed by the Supreme Court, which law declared by it is final and binding on all citizens. You can write scholarly critiques on such orders without attributing any motives so that you can save your skin.

I wanted to gift my property to my nephew and my sister. I understand that not everybody can gift, but only blood relative can. Please advice if I am their blood relative.

-  Rajalakshmi

You can gift your property to anyone. Between the near relatives — as defined under the Stamp Act — and others, there is only differential payment of stamp duty. There is no bar in gifting your property provided you pay the normal stamp duty.

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