Q: Is there any law or provision that authorises the government to take over all the money deposited in the rent controller’s office by litigating tenants? A query through the Right to Information Act, 2005, regarding one case elicited the note “No records are available” from the RCO. How can one recover the rent that has been due for over a decade?
Babujee Datta, Calcutta

A: Section 21(10) of the West Bengal Premises Tenancy Act, 1997, deals with lapsed deposits which are credited to the government only in certain circumstances. This includes cases where the rent has not been withdrawn by the landlord within three years from the date of posting of the notice, by the controller, made under Section 21(7) of the same act.

Q:My father had made a will giving my mother life interest in our house. The will bequeathed absolute right to my sister and me after our mother’s death — 50 per cent of each of his movable and immovable assets to each of us. He had some fixed deposits and bank accounts, where either my sister or I was the nominee or had the right to operate on “either or survivor” basis. Most of the documents are with my sister and she has withdrawn the money that had her name. Can I legally claim a share in them?
Nirmalya Datta, Calcutta

A: In the instruments in which your sister or you are nominees, both of you are liable to disburse the amount equally amongst yourselves. Where you hold deposits on “either or survivor” basis, the survivor is entitled to the total amount and does not have the liability to share it with the other person. 

Q:I had purchased cash certificates, due in 1996-98, from the State Bank of India, Kusmunda Branch, Madhya Pradesh. The certificates had been misplaced. I found them recently and took up the matter immediately with the branch. In spite of my best efforts and emails, I have not received any response. The Sodepur branch, where I maintain a savings account and other investments, has expressed helplessness in realising them. How can I get back my money?
Swapan Kumar Chakraborty, Calcutta

A: Most banks credit the principal amount and interest on the date of maturity of the deposit to the holder’s account automatically or by sending a notice to the account holder, as per RBI guidelines. A lot of time has passed. Still, you can serve the bank a legal notice. Thereafter, you may lodge a complaint with the banking ombudsman.

Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features), 
6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in