Taking control of property

Taking control of property

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Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I am 65-years-old and live with my aged mother. My younger brother passed away 15 years ago and my wife expired two years ago.

My late brother’s wife left him two homes from the LIG Housing Board. One house was purchased by my brother via housing loan (closed after his death by his wife, who is no more). The second house was purchased by her mother.

Property bonds for both properties are registered in the said society’s name and are in the possession of an estranged relative.

How can I get our names (me and my mother) on these bonds?

The tahsildar has refused to issue the legal heir certificate.

As I am unable to bear the court expenditure, please let me know how to proceed.

M.Muraeedharn

Chennai

There seem to be multiple issues regarding title of the properties, possession of documents, obtaining of succession certificate from the court, appointment of a guardian for your mother, etc.

You can approach the Tamilnadu State Legal Services Authority situated in the High Court campus, Chennai, which provides free legal aid to citizens with economic or other disabilities.

I own a plot in Sathuvachari, Vellore, which I purchased in 1996 along with other individuals. It was duly registered, as per DTCP and local Panchayat approvals, by the sub-registrar at Vellore.

However, Tamil Nadu Housing Board, Vellore (TNHB) lays claim on the property. In 1998, the Madras High Court gave an order in favour of TNHB, but in 2010, the Court gave an absolute injunction on the property in favour of the plot owners.

The patta is in the name of TNHB.

S.Raja

Chennai

Since the matter has been adjudicated before the High Court, the order passed has to be looked into for ascertaining whether the same was for mere injunction or for declaration of title.

Based on the said order, you can explore the possibility of changing the patta in the names of plot owners by making necessary applications to the tahsildar concerned by enclosing the copy of the Court’s order.

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