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Expert explains

Justice K Chandru answers all your property-related clarifications.

Published: 26th March 2019 09:31 AM  |   Last Updated: 26th March 2019 11:33 PM   |  A+A-

I am a non-resident Indian currently in USA. I have a bank account in Chennai and I file income tax every year. I have been asked to link my bank account and PAN with Aadhaar. Since I am a non-resident, I am unable to get Aadhaar. Kindly advise.

— N Ramamoorthy

You, being an NRI, can apply for Aadhaar with the help of the proof available at Chennai in Passbook/Passport.

 

Ours is one of about 50 rowhouses in a municipal town. The wall of one side of our house is a common wall between us and our neighbour. He earlier tried to persuade us to sell our house along with his so that the wide plot will fetch better price. But we did not wish to sell it. Now the prospective buyer is threatening that he will demolish the common wall if we do not sell the house to him. Kindly guide us.

— S Natarajan

The buyer cannot purchase your share of 50% of the wall. Even if he buys the neighbouring house, he cannot demolish the wall without your consent. If you have any apprehension, you can pre-empt the move by filing a civil suit for injunction not to demolish the wall, which belongs to you partly.

 

Can a mortgaged property be included in a Will?

— VN Prakasam

The Will only takes place after the death of the testator. Even a mortgaged property can be willed away. Two courses are open: (1) the testator may redeem the property during his lifetime in which case you may get the property without encumbrance. (2) In case he dies without redemption, then the beneficiary under the strength of the Will can pay the mortgagee the amount due and will be entitled to redeem the property.

Justice K Chandru (expertexplains@gmail.com) is a former judge of the Madras High Court



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