Lawfully yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court
K Chandru, Retd Justice
K Chandru, Retd Justice

Chennai

One can sue neighbour for not axing trees posing threat to life & property
A huge tree from my neighbour’s plot is leaning precariously over my roadside single-storied commercial building. I had repeatedly taken up the matter with my neighbour, but since he has an axe to grind, he is not acknowledging the threat. Is there a way I can force him to get it removed? If it falls and causes damage to my property, who will bear the repair charges? If such a mishap leaves any of my visitors injured, who will be held responsible?
Seek your share in mesne profits as well while filing partition suit
My father inherited a house that was rented out for the past eight years. My younger brother was collecting rent and spending it since he didn’t have any job at that point. Now my father is no more and my brother has a permanent job. He has also purchased other property. However, he is not willing to sell that ancestral house and give my share though he knows me losing job after the pandemic struck. What are the legal options available before me? Please help
— Name withheld on request
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

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