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LEGAL FAQS

Q: We are senior citizens. We have two sons, who are well established, and a daughter who is divorced with two sons. I had bought a piece of land in the names of my sons and used it as a garage for my transport business. Later, I built a two-storeyed house there after getting the plan sanctioned. Now our sons have turned us out of that house. How can I reclaim what is mine?

A.S. Gill, Calcutta

A: Since you bought the land in your sons’ names, in the eyes of the law, the property belongs to them. Hence, trying to reclaim the property will be futile. But you and your wife can claim maintenance from your sons. The maintenance amount claimed by you should include expenses on food, clothes, shelter, and medicines.

Q:Three flat owners in our building are yet to move in. Of them, two pay the maintenance charges regularly. The third is paying only half on the ground that the flat is vacant. What action can the flat owners’ association take against him?

S. Vohra, Howrah, West Bengal

A: The flat owner’s association should hold a meeting with this person to try and settle the matter amicably. If this does not work then the association could send him a legal notice to pay up the maintenance charges in full. Finally, it could take legal action against him.

Q:Soon after my father expired my older brother convinced my mother to transfer the house to him and my younger brother. The latter passed away after some time. My older brother now lives in that house with his family and our mother. She has a meagre income from a fixed deposit and it barely meets her needs. My brother gives her just two meals a day. I, her younger daughter, try to help her as far as I can. Is her son not responsible for her proper upkeep?

Name withheld

A: Your brother is certainly liable to maintain your mother and cater to all her expenses, including that on food, clothes, shelter and medicines. The Criminal Procedure Code and the Protection of Women from Domestic Violence Act, 2005, lays down that any person with sufficient means who refuses to maintain his or her parent shall, upon proof of such neglect, be required to pay a monthly maintenance to the aggrieved parent.

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. Readers are requested to please keep their queries short.

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