Q: In case a person who has died is issued a court summons, should his legal heir receive it? If a warrant is issued in the name of the deceased, will the legal heir be held responsible and arrested?
Naresh, via email
A: The legal heirs should not receive the summons addressed to a dead person. They should intimate the bailiff or process server about the demise of the person, thereby enabling the bailiff to file his report in the court accordingly. The same applies to warrants served by the police. The legal heir will not be held responsible or arrested on a warrant issued in the name of a deceased person.
Q: Flats in a housing complex have not been registered in the buyers’ names as the promoter has not obtained the completion certificate as yet. He has not handed over possession of the flats either. Can the municipal corporation fix the valuation and impose taxes on these flats? They were booked in 2005. If the answer is no, what are the remedies available to the buyers?
Manoj Kumar Agarwal, Calcutta
A: No person can occupy a building constructed under the KMC building rules without obtaining the completion and occupancy certificate. The question of imposing tax on those flats — without the notice of completion and mutation — does not arise. So, if the KMC has imposed taxes, the tax bills may be challenged before the KMC tribunal.
Q: I have booked a flat. On the ground floor, the builder has constructed small rooms as servant quarters and is selling them to the flat owners. I objected to this as there was no provision for such construction in the sanctioned plan. His argument is that he got it sanctioned later. How do I challenge this?
Narendra Singh Dua, Calcutta
A: You may send the builder a legal notice first, addressing your issues and demanding to see the revised sanction plan. As a flat owner you ought to possess it anyway. If the revised plan confirms the alterations, there is little you can do unless the terms and clauses of your sale agreement or the sale deed have been violated. In that case you may claim compensation from the builder for breach of contract.