FOURM
Can the society be sued?
My father-in-law had a house at Ghatkopar and he expired in December, 1996. My mother-in-law was the nominee in the said flat. On the demise of my father-in-law, the said house got transferred in the name of my mother-in-law and she further nominated her two sons. My brother-in-law had a vested interest in the property. On knowing about his vested interest, a legal notice was sent by my husband to the Society not to transfer the said property to any third party without pr
ior approval from my husband or a no-objection. In spite of this, it has been given to understand that the said property has been sold for a consideration without my husband’s knowledge. Can we sue the society or the buyer?
Veena
Our panelist, Mr. R.L. Narayanan replies: It is advisable to institute proceedings both against the Society as well as the buyer for suitable relief. This is required to ensure that the buyer does not transact further and create third
party interest or encumber the property in any manner. Otherwise, the rights of innocent third party may intervene.
Temple land case
With reference to the “Korechit of 1950 late P.S.Kristapillai, P.S.Ventachala Pillai, P.S.Parathasarathy Pillai, P.S.Radhakrisha Pillai of Yadava family around 45 members are in the family.
The land, measuring 2.89 acres, was kept for farming to explore the revenue from the land and to maintain the temple, Due to monsoon failure farming was discontinued and the Cinema touring tent was leased for Rs. 40/- as rent per month to maintain the temple. Later everything was discontinued since the families were engaged in looking after the cows and calf and doing other domestic jobs. The Government of Tamil Nadu has converted the land into “Temple Poromboke.” Our Korechit is an unregistered document. Today we find it very difficult to maintain the temple.
Please advise. R.Jaganaath
Mr. Narayanan replies: I have perused the query forwarded to me. There are many factors which have to be considered before a proper step is taken .
It has to be checked whether patta is available for the land and if so in whose name . It also has to be further verified as to how the earlier owners obtained the property and how the same had devolved on the present 45 claimants. Koorchit also has to be seen for finding out whether the same is a valid document . It has to be further checked as to whether the temple is a HR&CE temple or otherwise. Further, it has to be seen who are the persons in possession of the property and how the notification has been issued.
It is only after taking into consideration all these factors that any advice can be given .
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