Expert Explains

CHENNAI : My mother filed a writ petition against the Deputy Registrar (Housing) on frauds committed relating to land distribution. But our advocate seems uninterested in pursuing the case. He delayed filing the petition for 10 months. Whenever we follow up the progress of the case with him, he simply says he will send the notice the next week. We paid the advocate the full amount at the beginning itself since we believed him. 

– Karunakaran P
In a matter of Co-operative Housing Society, a dispute among the members no writ petition can be filed against the Deputy Registrar (Housing). Under Section 90 of the TN Co-operative Societies Act, he is an arbitrator and only arbitral dispute alone can be raised. As against his arbitral award an appeal lies to the co-operative tribunal. Please verify with your counsel.

My uncle (father’s elder brother), who had no issues, adopted me and left a will saying all his properties, which were solely earned by him, would go to me. Now, I have children and grandchildren. Can I write a will to ensure these properties goes to one of my needy grandchildren? Or this properties would be considered as ancestral property and all my children and grandchildren can claim to it?

– S Selvaraj
Whether any legal adoption was made by your uncle is not stated. In any event, for bequeathing the property solely earned by him one need not be a legal heir or adopted child. As you had got the property through a will, there is no impediment for you to write another will in favour of your needy grandchild.

I got married in Sep 2015 and had a child in June 2016. Only later I came to know my wife was suffering from a genetic disorder and within a few years she will require wheelchair assistance. When I questioned why this was hidden from me before the marriage, she left my house. She is staying with her parents. I filed a divorce petition based on medical grounds and she had filed a petition seeking restitution from me. They are also claiming that I am holding certain properties that belongs to my wife. Can I win the divorce case because of the medical condition of my wife? Can I get custody of my child on the same grounds? Can I argue in court against providing my wife (in case of divorce) any sustenance since she had hidden the truth over her medical condition before the marriage?

— Abinesh A
Your marriage is already three years old and you have a son who is nearly two years. On the ground of illness of your wife, you cannot get any order from the court dissolving the marriage. Since the child is only two years old, you may not be able to get custody at the moment. Try for a compromise solution.

I am settled in Chennai after my retirement and my brother was staying in a house belonging to both of us in Kerala. He has  now moved to his son’s house. But he is refusing to give me the keys of the house. I am planning to recover from my brother an amount, along with 12 per cent annual interest, for occupying my share of the property and also compensation for not allowing me to enjoy the house. Is there any instrument through which I can create this charge and register the same before the registrar office?

— VR Sundareswaran
You will have to file a partition suit in the court at Kerala where your house property is situated. In that suit you can ask for accounting of mesne profits arising out of the property and parting of your share of the mesne profits from your brother. Before that the question of going to the Registrar office may not arise.