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LEGAL FAQS

Q: I am a senior citizen and have held 200 shares of Allahabad Bank for the last 10 years. Every June, the bank pays dividend. In 2012-13, although a dividend was declared, I did not get it. I wrote to the bank and the registrar, M/s MCS Ltd, Hazra Road. The bank did not reply but MCS Ltd replied in August, stating that the cheque was being sent by post. In September, I wrote to both again saying that I had not received the cheque. Till date, Iíve received neither a response nor the dividend. What legal recourse do I have for the loss and the harassment?

Vibranshu Bhusan Banerjee, Birati, Calcutta

A: Write to the concerned offices once again intimating them about the non-receipt of the dividend. Ask them to furnish all the details, including a copy of the postal receipt and details of the cheque issued by them. Demand an explanation on what action has been taken by them to follow up with the postal authorities after they received your earlier complaint. Also demand the dividend that is due to you. If there is no response, send them a lawyerís notice and demand compensation for the loss and harassment.

Q: Our five-storey building has 10 ownership flats. The generator on the ground floor has been scrapped and sold off. The flat owners are not interested in getting a new one. One flat owner now wants 1/10 share of the generator room to install a mini generator for his cake shop on the ground floor (a part of the parking area has been converted into an eatery). Is that allowed?

A.S. Mehta, Calcutta

A: The area that you have mentioned seems to be a common area. In that case there has to be a consensus among all co-owners regarding the installation of the generator. A meeting could be held by all the flat owners to take a decision on the issue.

Q: My brother-in-law, 70, has a brother and a sister who are not dependent on him. He owns a house. My sister lives with him there. They are childless. If my brother-in-law expires before my sister, will she inherit the property or could her brother-in-law and sister-in-law stake claims?

Arunava Ghosh, Calcutta

A: Presuming that your sister is Hindu, she will be governed by The Hindu Succession Act, 1956. Being a Class I heir to your brother-in-lawís property, she will solely inherit all her husbandís assets. Her husbandís brother and sister, being Class II heirs, will inherit only in her absence.