Your property-related legal queries answered by Rank Associates, a Chennai-based law firm that deals in these matters
I have three daughters and the first two are married but were divorced due to mental instability, but they are healthy. My third daughter is working as a Professor and has a daughter. I have no hereditary property but only self-earned property and cash. My first two daughters have no children.
I do not want my wealth to be mismanaged and lost due to the incapacity of my first two daughters. Can I entrust the maintenance of my first two daughters to a Trust to be headed by my third daughter (who is gladly willing)? I want my property to ultimately go to my grand-daughter only. I am very old and counting my days. Please advise me on how to act.
T.S. Kunchithapatham, Chennai
Yes, it is possible to create a Private Trust appointing your third daughter as the Trustee and your first two daughters as well as your granddaughter as the Beneficiaries. You may incorporate appropriate recitals in the Trust Deed as to how the assets have to be dealt with/ distributed. It is also advisable to have more than one trustee (with your third daughter as Managing Trustee) for effective management of the Trust and to cover any eventuality of the Sole Trustee unable to act for any reason. A Trust can also be created under a Will.
I have a piece of land, with a connecting road that reaches the main road going through another layout.
The owner of this layout has put a concrete fence around his land, leaving me with no road access. My plot is MMDA approved and the layout shows the road that connects to the adjacent layout. I have the gift deed of the road in our layout and also on the adjacent layout.
I have approached everybody but to no avail. Please let me know whether this is correct and which department will help me to get back the use of the access road and get the fencing removed.
Anish Jacob, Chennai
Once the road is gifted to CMDA, it becomes a common road and no person can prevent the others from using it. You can lodge a complaint with the Police seeking removal of the fence.
You can also file a civil suit and obtain suitable orders. For better response from the authorities, it is advisable to approach this issue along with other Plot Owners in your layout, as a group.