Lawfully yours: By Retd Justice K Chandru

I am an unmarried 40-year-old woman living in my father’s house. I have one brother. Over 20 years back, my father invested in gold for me which was to be given at the time of my wedding and property for my brother. However, my marriage didn’t materialise. Now, the property that my father bought has appreciated much more in value than the gold. My father is very old, and I want him to divide the property equally, but my brother and his wife disagree. There is no formal agreement or Will. My father’s decision was based on the assumption that I would get married and move away. Do I have any right for an equal share of the property?

Padmaja – via email (named changed on request)

If your father during his lifetime does not divide the property (both movable and immovable) and dies without leaving any Will, then as per the Hindu Succession Act, you will get an equal share of your property. It all depends on how his mind works.

I am a 75-year-old man whose only income is rent from a shop. My tenant there for the past 10 years hasn’t paid the rent since May citing COVID as Force Majeure. I’ve sent him reminders stating there is no GO or court judgment to waive rent but in vain. I’ve gone through the Tenancy Act which though said to be modified, is still in favour of the tenant. Also, your recent advice not to approach rent court indicates it’s not settling cases in 90 days. Logically speaking, renting is also a service sector covered under GST. But we are not given liberty to take over the shop after issuing notice the way EB, Metro Water, telephones are snapping connection. Please advise me on what to do. Can I make a case with Rent Authority or is the Act only on paper?

— TT Parthasarathy

You must know that the EB, Metro Water and telephones function under separate enactments which give them the power to disconnect the service. Such powers can’t be vested with private individuals governed by contracts (both written and unwritten). The only option open to you is to move the appropriate Rent Control Court for eviction on the grounds of default in payment of rent.

I stay on rent in a small apartment building with just eight flats. We don’t have a residents’ association. Some senior citizens here don’t want my children to play in the building compound between 7 am and 10 am and 2 pm and 5 pm as it disturbs them. I have two sons, I can’t keep them at home all the time. How do I challenge this legally without getting into a fight with them? — Kumaresan, Mandaveli

Since you do not have an association, nobody can enforce any rule, especially banning children from playing in certain hours during day time. It is a clear restriction upon the right of children to have their freedom to express themselves. You can even complain to the State Commission for Protection of Child Rights constituted under the Commission for Protection Child Rights Act, 2005. Sec. 13 (1)(d) that enables all factors inhibiting the enjoyment of rights of children and recommend appropriate remedial measures.

My neighbours use the common area and landing outside our apartment to keep shoes, bicycles and some household appliances. It looks very messy and puts us to shame in front of visitors. What are the rules regarding shared spaces? Can space outside flats be used to store things?

— Kittu, Egmore

The common area cannot be used by any occupant of the premises exclusively. You can ask them to clear up that place. Normally without the consent of other occupants, the space outside the flat cannot be used by anyone exclusively or even occupied as storing space. You can tell them or tell the Association to take action.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns