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LEGAL FAQS

Q: After the death of the owner of a landed property, it was divided amongst two sons and a daughter. The wife is still alive. Another daughter was deprived. What should she do to claim her share?

J. Dey, Calcutta

A: The deprived heir can send a notice of partition to claim her share. If that does not work, she may file a suit for partition before the civil court with the appropriate jurisdiction.

Q:I want to sell a house that I have inherited from my father. But my sister has filed an injunction petition claiming a share in it. My sister was married before the Hindu Succession Act, 1956, was brought into effect. Does she have any right to this property?

Name withheld

A: Section 14 of the Hindu Succession Act, 1956, has been enacted with retrospective effect. In your sisterís case, since the property is an inherited one and not gifted or willed, she does have the right to a share in it.

Q:I had bought a flat from a promoter who had a general power of attorney (POA) from the original landowners ó a widowed mother, one daughter and three sons. In the meantime, the mother and one son have expired. Is the power of attorney still valid? Can he register the flats in our name now?

Name withheld

A: A power of attorney automatically gets revoked on the demise of an executor. Hence, at the time of the registration of the sale deed of your flat, the POA will not be valid unless the surviving legal heirs execute a fresh one in favour of the promoter. Otherwise they have to be personally present to endorse the signatures at the time of the registration.

Q:I have been told that the five-year bar (after the death of the principal tenant) of the West Bengal Tenancy Act, 1997, is not applicable in the case of commercial use of premises. Yet an eviction case has been filed against us. What can we do now?

Sunil Dayma, Calcutta

A: Since your case is sub judice, you have no option but to contest the eviction suit by filing your written statement, adducing evidence, and placing arguments on points of law before the final judgment.