CHENNAI: We would like to seek a general clarification regarding quantum of punishment for a crime committed. The two scenarios are — an adult commits a crime and being aware of it that it is a crime, wilfully surrenders to the police department; an adult commits a crime and even though being aware of it that it is a crime does not wilfully surrender to the police. Ultimately, the police arrest him. Is the quantum of punishment in the first scenario less when compared to the second? If so, in what manner.
— TP ANANTHANARAYANAN Wilful surrender or enforced arrest has no impact on the final verdict. It may, at the maximum, tilt the scale against the accused when he files a bail application.
My husband died in 2016 and to claim his Provident Fund his office asked me to produce a legal heir certificate. When I approached a lawyer, he said I have to pay Rs 85,000 as court fee to get succession certificate. I am not able to afford the amount since I also have to pay school fees for my two children. Will the court allow me to pay the amount after I get the PF amount? — SANGEETHA
For claiming PF and other dues from your husband’s office, you need not have gone for a succession certificate from court. It is enough if a Tahsildar gives a legal heir certificate for getting the dues paid by the office. Under the PF Act, if your husband has nominated you as the wife, you will automatically be paid all the dues. It does not require any certificate. For your information, for Succession Act, the court will charge only 3 per cent stamp duty payable on the amount due to you. Now it has also been made as a fixed rate. Show this information to your lawyer.
A person deserted his wife, their girl child and did not visit them for 15 years. He lives with another woman. Now, the woman who was abandoned wants to divorce him. Should a notice be served to him for divorce by mutual consent? — ANONYMOUS
A minimum period of living is only for divorce by mutual consent. In the case on hand, you will have to file a divorce petition in the sub-court, Poonamallee on the grounds of desertion alone for which no waiting period is necessary.
We have a property for which the access way is through an easement from owners of the adjacent land. We would like to know if the owners of the land from whom there is easement can use the property (including parking of vehicles) when they have direct access to the road? In addition, do we need to seek their permission for laying sewer line/power line underground in the easement pathway? — VAIKUNTHANATHAN
An easmentary right is only for ingress and egress. Parking of vehicles cannot be objected if you are given permissive access through the road. If you want to claim a full right under the Easements Act including for laying drainage pipes, you will have to move the civil court against your neighbour