Tuesday, December 24, 2019

Expert explains

My brother had bought a flat in Chennai, paid the full amount and settled the loan.
 
Published: 24th December 2019 06:44 AM 

 

By Justice K Chandru


Express News Service

CHENNAI: My brother had bought a flat in Chennai, paid the full amount and settled the loan. The flat was registered in his and our father’s name. My father passed away in 2018 and legal heirs are my mother, three sons and a daughter. Since the property was entirely bought by my bother, we wish that the property be transferred in my brother’s name as the sole owner. We request you to kindly direct us on the same.


— Joseph Raja
You can make oral partition among the family members and in that document, all the others can give up their share to the brother. That oral partition reduced to writing can be registered with the Registrar. Otherwise a partition suit can be filed by the others before a civil court and after notice is issued, you can ask the matter to be referred to mediation centre. Before the centre, you can agree for a compromise which can be registered by the Civil Court as the final decree in the suit. This will be a valid document binding on the registration department and you can get the court fee returned. You can create a valid document without expenses.


I find many bouncers employed by popular people and the way they behave makes me wonder if there is a law to govern private security agency guards. Does this have a legal sanctity ? In many cases, of late, I see the judge concerned opt for recusal at the last moment. Does the law permit anyone to opt out at the drop of the hat? Should he or she not explain the reason or circumstances which led to such a decision?


— Baskar Seshadri


Under the Private Security Agencies (Regulation) Act, 2005 any security agency will have to get licence from the competent authority nominated by the central government. All bouncers also come under this enactment. You can complain to the appropriate authority and a penalty of one year imprisonment will await that agency.

Justice K Chandru is a former judge of the MadrasHigh Court

@expertexplains @gmail.com

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