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LEGAL FAQS

Q: Ours is a residential complex comprising 24 flats. Two owners have let out their flats to paying guests. We have verbally objected to such commercial use but they choose to ignore us. Some paying guests regularly return at odd hours in the night, compromising the security of the other residents. What action can we take?

Soumyendra Nath Dutt, Calcutta

A: You could hold a meeting of the flat owners and discuss the security issue with the two concerned people. If that does not work, you could send them a legal notice. Keeping a few paying guests may not amount to commercial use of the premises. However, if the activities of the paying guests are a nuisance for the other residents, then they may file a civil suit of injunction in the civil court against the landlords.

 

Q: According to the revenue settlement records in West Bengal, our father owned a piece of land. He died intestate and our brother sold it in 1967. We do not have a copy of our fatherís death certificate. Our brother has expired in the meantime. How can we three sisters claim title and possession of our share in the property from the current owner?

Indu, via email

A: You can obtain a duplicate copy of your fatherís death certificate by applying to the municipal corporation that had issued the original one. Regarding title to the property, you could file a declaration suit against the heirs of your brother and the current owner for cancellation of the sale deed and recovery of possession.

 

Q: In 1984, my father obtained an order from the Calcutta Metropolitan Development Authority to fill up a tank ó recorded as a pond in the porcha ó in Belghoria. May we have this land promoted? Do we have to mutate the land at the block land revenue office and obtain permission for the conversion of the character of the land?

Ruby Mitra, Calcutta

A: There are a few decisions in the Supreme Court as well as other courts across the country criticising the filling up of lakes and ponds for the construction of multi-storeyed buildings. Nevertheless, you could apply for the conversion of the land to vastu land and seek permission from the municipal corporation to promote it. If your application is approved, you can proceed further.