Q: These days many schools conduct body search and check the schoolbags of students with metal detectors to see if they are carrying any gadgets. This is usually done without the students’ consent. Do schools have the right to do this? If not, what legal steps can we take to prevent it?
Abhishek Modak, Calcutta
A: A minor’s consent is not recognised by law as specified in The Indian Majority Act, 1875. Since school students are minors and laws relating to child rights are based on the principle that the interest and welfare of the child is paramount, the school authorities do not seem to be doing anything wrong in this case.
Q:I purchased a car park space from a developer. But when I went to park my vehicle there, the secretary of the building told me that I could not do so as I was not a flat owner in the building. He also lodged a complaint against me at the local police station. What legal action can I take against this person?
Chuni Banik, Calcutta
A: If you have a registered deed which proves that you own the parking space, you can file a civil suit for a permanent injunction against those who are preventing you from parking your car. You could also file a case under Section 144(2) of the Criminal Procedure Code before the executive magistrate for a direction to the police to ensure that no breach of peace takes place when you park your car.
Q:My grandfather, the sole heir to our ancestral property, died intestate. My father and his elder brother have also died. I have no siblings of my own but I do have three cousins. I want to sell my portion of the property which is currently occupied by my late cousin’s children. What is my share of the property and how should I proceed to get it back?
Name withheld
A: If you are the sole heir of your father, you have a 50 per cent share in your ancestral property. This is because after your grandfather’s death your father and uncle had each inherited a 50 per cent share in it. You could file a partition suit against your cousins before a civil court to claim your share.
