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Expert explains

Published: 11th June 2016 04:57 AM  |   Last Updated: 11th June 2016 04:57 AM   |  A+A-

CHENNAI: 1 A property dispute has been going on for the past 23 years. It involves my father, his two brothers and two sisters. All the siblings who are alive have got the legal heir certificate. The properties in contention are a 4,000 sq ft of vacant land, a TNHB flat of 212 sq ft with extended area of 200 sq ft, school gratuity and fixed deposits. However, one of the sons of the siblings, who is occupying one of the properties — the TTNHB flat — is refusing to vacate it. There have been issues on agreeing on a guideline value. He has not paid the rent for the past 23 years. He is also not cooperating to sell a vacant land. How can the flat be valued? If I represent to TNHB as illegal occupation, will TNHB act to take posession of the property and evict the occupant? 

Arul Varman

File a partition suit. After decree, the court will appoint valuer and order for sale of the property accordingly.

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2 In the December 2015 floods, My 5-year-old Hyundai i10 got submerged till the wheel and had to be towed to a service station. The damage did not seem heavy but due to the mismanagement and delays, I am afraid the car’s condition has now deteriorated so badly that I am not even able to take it for repairs elsewhere. In case I approach the consumer forum, What are the chances of receiving damages from the car dealership?

Mukund

You will not get any relief from the consumer courts.

 

3 My grandfather’s self-earned property’s first settlement was made to his daughter by keeping his self interest rights. But because he was badly treated by them, he cancelled the first settlement and made a second one in favour of his son and passed away a few years later. After his demise, the first settlor has not claimed anything and his son (my father) is holding the property till date. Can he sell the property?

Name Withheld

If the property was given by way of a settlement, it cannot be revoked by the Settlor. However, when you are referring to the will as settlement then there is no difficulty in the first will being revoked and second will being written. If your father got the property by way of a will from his father then there is no difficulty of selling the property.

 

4 I have to get a copy of the legal heir certificate. I have only the reference number of the certificate issued in the year 2012. How do I get a copy of the same?

G Varadharajan

Apply for a fresh legal heir certificate from the concerned authority. 

 

5 My father with his own funds constructed a house and wrote a will. As per the will, the property will have to be enjoyed by my mother and thereafter it will devolve upon me. He had specifically written that his other siblings are well-settled and hence excluded. At present my mother is very old and the house requires repair. Should my mother rewrite another will in my favour and is there any chance of legal battle from my siblings?

Ananth

Since you are living outside the presidency town of Chennai, you need not get the will probated. Further, as your father’s will is valid and has given reasons for excluding the other siblings after the demise of your mother, you can enjoy the property. In case of any dispute from your siblings, you can fight the battle with the help of the will.

 

6 I am an estate officer and facing stress from unlawful occupants. Lot of  personnel of the force are often taking a stay order to remain in the same place, though their normal tenure in the present location is done. Several personnel are also applying for government quarters. If  a person has completed his normal tenure, he has to vacate his quarters so that another person gets a chance to stay with their families. What is the way out?

Ayyappan

As an estate officer under the Central Act (Public Premises (Eviction of Unauthorised Occupants) Act), 1971 you have ample powers to evict a person.  However,  if in service matters like transfer, if they get a stay order, then it is for the department to vacate the stay and until such time you cannot use your powers to evict them. One has to live with such difficulties.

 

7 I would like to know if there is there any law in India that prevents any Indian from having contact with extra terrestrials? If the Indian government has any information about extra terrestrials visiting our world, can it withhold such information from the people, Parliament and the Supreme Court?

Sabir Hussain

There is no law either for preventing a person from having contact with Extra Terrestrials or a law preventing obtaining of such information from the government.

 

8 Is there any time limit to dispose a gifted property? If I gift my house property earned solely from my earnings to my son, can he sell it immediately or is there any time limit?   

Jagatheesan

You can make a conditional gift fixing a time stipulation.

Justice K Chandru is a former judge of the Madras High Court

Email your queries to expertexplains@gmail.com with your full name and phone number

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