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LEGAL FAQS

Q: My husband, a bidi worker, met with an accident while travelling by autorickshaw in July 2013. He was admitted to a hospital immediately but expired the next morning. A post-mortem was conducted. We have no information regarding the auto’s registration number, ownership or insurance particulars and hence could not file an FIR. I am the sole dependant with no source of income. I have two married daughters. How can I file a motor accident claim and to which court or tribunal should I go? Can I file it singly or do I have to do it jointly with my daughters? Is it mandatory to do it through an advocate?

Ashalata Roy, Calcutta

A: Without wasting any more time, contact an advocate who deals with and specialises in motor accident claim cases. Your case seems to be a critical one and you may not be able to get ahead without the help of a lawyer. Accident claim cases are filed before the motor accidents claim tribunal under the provisions of The Motor Vehicles Act, 1988. Since your husband died in that accident, you along with your daughters will be entitled to compensation. You could also approach the legal aid cell of the appropriate court for help.

Q:Is it mandatory for a promoter or developer to help form the flat owners’ association and hand over the duty of maintenance to the society?

D.J. Basu, via email

A: Yes, Section 10 of the West Bengal Building (Regulation of Promotion and Construction and Transfer by Promoters) Act, 1993, makes it mandatory for a promoter to take steps for the formation of an apartment owners’ association or a co-operative society, as the case may be, after obtaining the occupancy certificate. There is a minimum number of persons required to form an association. The promoter needs to do the job within two months of the stipulated number of people having taken possession.

Q:My mother was married in March 1949. I am her only child. She died in June 2002. My maternal grandfather died in 1971 and grandmother in 1969. I have one maternal uncle. Can I claim a share in my grandfather’s house and land?

Gautam Nag, Calcutta

A: Since your mother had survived her father, she did inherit a share in her father’s property. So you and your father will be entitled to that share in the property.