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Q: My father has been threatening my mother, my unmarried sister and me that he will not give us any share of his property. He has asked us to vacate the house, which he owns, citing adjustment problems with us. He has even stopped paying our monthly expenses. I am unemployed. Please tell me what we should do now.
Sanjib Biswas, Calcutta
A: You and your family members cannot claim a share in your father’s property during his lifetime. But your mother and unmarried sister could file an application under Section 17 and Section 20 of The Protection of Women from Domestic Violence Act, 2005, praying for a restraining order on your father from forcibly evicting them from his property. They could also claim maintenance from him under the said Act. Assuming that you have obtained the age of majority, you are not entitled to any maintenance even if you are unemployed.
Q:I have a salary account with a private sector bank. After my last month’s salary was credited to my account, I found that the total available balance was nil. I was told that the bank had imposed a lien on my salary account to adjust their dues against my credit card with them. I would like to know if a bank can impose such a lien on a salary account without any prior intimation. What are the legal options available to me to remove this lien or to put a stay on it?
Raman Ashani, Calcutta
A: A lien is generally imposed in express terms and there must be a contract between you and the bank to that effect. In the absence of a contract, the bank’s act of adjusting its dues against your credit card without prior notice is illegal and arbitrary. You could send a legal notice to the bank, claiming compensation for deficiency in service and unfair trade practice under The Consumer Protection Act, 1986.
Q:I am a tenant. I want to know who the tenancy will pass on to after my demise — my wife or my son? Who will enjoy the safer tenancy? Is second generation tenancy less secure?
Sujit K. Bhattacharya, via email
A: After your demise your tenancy will pass on to your wife and son, provided they continue to live with you in the rented premises till your death and do not have their own residential premises to live in. Your son’s right to remain in the said premises will not be for more than five years. But in the case of your wife, the five year time limit is not applicable.
Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features),
6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in |
