Justice K Chandru
Justice K Chandru

Lawfully Yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in

CHENNAI: Better if all legal heirs are party to sale transaction

My father passed away long ago. My siblings and mother are legal heirs to the dad’s house we inherited. Can we sell the same without a succession certificate? Is there a need for any other document? The flat is in my father’s name and my mom, siblings and I are the legal heirs. In whose name should we take the cheque while selling since we all are legal heirs in the legal heir certificate? — Narendar Kumar, Chennai OMR

If you are governed by the Hindu Law of Succession, you need not apply for a succession certificate. Even if you are applying, it will contain all the names. Either all of you sign the sale deed and mention in whose name the sale consideration cheque should be given or one of you get a power of attorney (POA) in one person’s name and get the cheque in his/her name. Again the POA has to be registered. It involves paperwork and expenses. The best course is for all of you to sign and register the sale deed. This will be welcomed by the buyer also.

Decisions regarding the grant of a pass certificate always valid

As many as 9.3 lakh TN students who passed Class 10 exams in 2020-21 were given a pass certificate without assigning marks as the public examinations could not be held due to the pandemic. The lockdown also prompted several states to rearrange their academic curriculum and cancel final-year college exams, deciding instead to award degrees through internal assessments and other evaluation mechanisms. Will such unconventional graduations, with a graduate’s certificate showing his final marks averaged out, be treated as legal in the long run? How much weight would such a degree carry at a future job interview? -- Sam, Tiruchengode

The decision regarding the grant of a pass certificate by the Board of Examination or by the University is always valid and no one can question it. During the partition, lakhs of people migrated to this country without any records as they lost them or left them when they rushed here. They were asked to give a declaration before the refugee camp officials and they were given certificates accordingly. There were many doctors and lawyers who started practice in this country without any certificate and only by their declaration. Ram Jethmalani, did he not become a top lawyer in this country? Emergencies and exigencies will invent new methods of survival.

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