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LEGAL FAQS

Q: Our father died in 1990. Our mother, a housewife, purchased a house in her name in 1992 with the service benefit that she had received on our fatherís death. I was 11 years old then and my brother was 7. Our mother is a pension holder. In March 2012, she sold two-thirds of the premises that was in her possession, leaving one-third in my possession. Soon after, she left with my brother to some undisclosed address. In July 2013, she sold my portion too. I want to stay in the house bought with my fatherís money. What should I do?

Name withheld

A: Since the house is owned by your mother, irrespective of who paid the consideration amount or what the source of the money is, it is unlikely that you will recover possession of the property.

 

Q: I have a flat in a housing society. My mother-in-law has a flat there too. She wants to give her flat to my wife but the members are not allowing this since I have a flat in the same society. As my father-in-law is dead and my sister-in-law is not interested in the flat, what will happen when my mother-in-law expires? Will my wife get the flat?

Name withheld

A: Your mother-in-law should make your wife the nominee to the flat. Then, after her motherís demise, your wife can become the owner if she declares that she needs such a residential accommodation. Section 93(3) of the West Bengal Co-operative Societies Act, 2006, states that membership of a person in a co-operative society shall not cease if the member or a member of his family becomes owner of any land, house or flat through inheritance if he can show a genuine need for accommodation.

 

Q: A neighbour has rented out his house to several male engineering students. They usually remain awake till late in the night and make a huge racket and use filthy language. Though we have spoken to the landlord about this, he has not taken any action so far. What legal action can we take?

Sanchita Biswas, Belur, West Bengal

A: You could address your issues and concerns through either a letter or a legal notice to the landlord. You could also call a meeting of the other neighbours in the presence of the landlord to sort out the issue. As a last resort, you could file a criminal case under Section 144(2) of the Criminal Procedure Code for breach of peace and seek restraining orders on the occupants.