Your property-related legal queries answered by Rank Associates, a law firm that primarily deals in these matters
I am living in an apartment that’s 12 years old with 11 flats. My son is the owner of the flat and is an NRI. A few of us are facing some problems with regard to parking. Nobody has purchased the covered parking space, but one flat owner is parking his car there without the permission of the Association and he locks the particular gate and keeps the key with him. Can I approach the Civil Court for relief? Can the person parking the car claim any right on adverse possession? Also, can I lodge a police complaint for land grabbing?
S. Subramanian, Chennai
In apartment complexes, the appurtenant land and common spaces in the building such as lobbies, staircases, terrace etc., are common to all the flat owners. No individual owner can claim exclusive right to such spaces. The Association of Flat Owners has to issue a notice to a flat owner in case of violation and in the event of non-compliance, obtain an injunction from a Civil Court. Neither adverse possession nor land grabbing will arise in such a case.
My grandfather had registered a Will in favour of my father, but he also left an old registered Will in favour of both my father and uncle. After the death of my grandfather, the latest Will in favour of only my father was accepted.
My uncle challenged it in court and after a couple of years, the district court gave the judgement in favour of my uncle and dismissed the latest Will which is registered with the district registrar. Can my father challenge the court's decision? What are our options?
Pankaj Kumar, Hyderabad
Normally, the last Will will prevail. However, the validity of a Will depends on several facts and circumstances surrounding the execution of the same.
If a competent court has considered the evidence and given a finding, your only remedy is to file an appeal if the lower court’s order is erroneous.
Please consult your lawyer and proceed as per his/ her advice.
If a flat owner is not paying his monthly maintenance charges but is enjoying all the facilities that other flat owners get, how can we collect payment from him? Is there any law to take care of this?
Johny E. George, Kochi
The Association of Flat Owners, subject to its Bye-Laws, will have to file a suit for recovery of the maintenance charges from the defaulter in the appropriate civil court having jurisdiction.
The Association can also seek an order from the court for disconnection of services till the dues are paid.