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LEGAL FAQS

Q: My neighbour has installed an air-conditioner, which is right opposite my bedroom window. As a result, hot air is blown into my room constantly. My wife and I are senior citizens. What steps can we take to get out of this unpleasant situation? Should we approach the pollution control board or the human rights commission?

Arindam Das, Calcutta

A: Hot air does not come under the definition of “air pollutant” in The Air (Prevention and Control of Pollution) Act, 1981. Hence, the central pollution control board that regulates prevention and control of air pollution may not pay heed to your complaint. The human rights commission also does not have any jurisdiction in this matter. You could address the issue in writing to your neighbour and try to settle it amicably.

Q: I am a senior citizen and maintain a public provident fund (PPF) account with the State Bank of India. I wish to open and maintain another PPF account in the name of my grandchild whose parents are alive. Is that permissible? Can I avail of income tax rebate under Section 80C for that?

Himangshu Majumder, Hridaypur, West Bengal

A: You cannot open a PPF account on behalf of your grandchild during the lifetime of his parents. According to the public provident fund scheme, the PPF account of a minor can be opened and operated by his or her guardian, that is, father or mother. So you cannot avail any income tax rebate either.

Q: My father has expired. He owned a plot in a co-operative society with my mother as the nominee. We are three sisters and my mother wants us to get equal shares. But according to the society by-laws, she can nominate only two daughters. What is the provision of the law? How can she give us equal shares without writing a will?

Swati Ghosh, Calcutta

A: The co-operative laws in West Bengal do not allow a co-operative property to be partitioned or sub-divided. However, membership of a deceased member may pass on to the nominee or joint nominees. In the absence of a nominee, the legal heirs may apply to the society by furnishing a probate, letters of administration, affidavit of heirs and so on as proof of their inheritance to the property. This is subject to the exceptions and provisions contained in The West Bengal Co-operative Societies Act and the rules and by-laws of the concerned society.