CHENNAI: An elderly mother executed a registered settlement deed of a high value property in favour of her son with conditions that the son will take care of all needs of his parents and also pay `40,000 monthly for them to meet other expenses. Can the son now compel the mother to alter those conditions?
—Anonymous
The law cannot prevent emotional blackmails by the near and dear. However, the requirement of the parents for their living at an advanced age is taken care of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
My house owner is insisting I pay the cost towards painting the house since I said I am vacating the house. He is threatening to deduct the amount for the advance money I paid him. Is it a normal practice for the tenant to bear the cost of painting the house fresh when he vacates? When I took this house on rent, I did not sign any rental agreement.
—V Vinod Kumar
In the absence of any rental agreement specifying amounts to be paid towards damages for use and occupation, you need not pay any amount to the house owner. Even the normal practice is for the house owner to renovate the house once the existing tenant vacates the place. But this will not apply to the damages caused by the tenant during his occupation.
Our residents’ welfare association was registered in 2004 under address of the then secretary of the association. Now that particular flat is occupied by tenants and all the official communications are going to that flat. Is the registration of the association is valid since the address was not exactly the office of the association? Or can the association claim the flat since it was notified as the office of the association?
—K V Aravindakshan
The existing office bearers can notify the change of the registered address to the Registrar under section 13 of the Tamil Nadu Societies Registration Act, 1975. If the secretary (seems to be permanent) is not doing this work, you can complain to the Registrar of Societies.
In front portion of our apartments, which is originally marked as parking area in the plan, a person was running waste paper mart and the shop was built by the promoter in violation of the building plan. This person now owns 135 SqFt UDS. Members of the residence association offered to give him an ATM kiosk after demolishing the illegal shop and building a parking area in the spot. But he has instead filed a civil suit and the court accepted the case even as notice was not issued to the other party.
—KS Srinivasan,Thiruvanmiyur
Even if the waste paper mart owner owns UDS in your property, he cannot own the place meant for vehicle parking. If he is not agreeable for any reasonable terms (as you had mentioned) then you can file a cross civil suit asking for his eviction from the vehicle parking area. Vehicle parking meant in the original plan cannot be used for anyone for any other purpose including the promoter (see AIR 2010 SC 3607, Nahalchand Laloochand Pvt Ltd vs Panchali Co-Op.Hng.Sty.Ltd). For filing civil suit against government only prior notice is mandatory and not against private party.