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Lawfully yours: By Retd Justice K Chandru
Your legal questions answeredby Justice K Chandru, former Judge of the Madras High Court.Do you have a question? Email us atcitizen.dtnext@dt.co.in
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migrator
migrator
Chennai
No waiver granted in paying power, water or maintenance bills
My tenant has not paid the rent for almost the entire year. He already had two months’ pending in March when he moved to his hometown in Karnataka. He’s not responding to my calls and mails. I’ve put a lock on the house and will release his belongings only after he clears dues. However, now I find he has pending electricity, water and maintenance bills which my housing society is insisting that I clear, claiming that as long as the tenant is occupying the house, all charges are applicable even if the house is locked. I am already facing a loss of rental income. Can I be exempted from paying the building dues due to COVID as well, since I am suffering because of the actions of my tenant?
— SN Chary, Anna Nagar
No waiver or relief has been granted by authorities on power, water or maintenance bills on account of the pandemic lockout. As long as your contractual tenancy is not terminated, he continues to be a tenant and you must clear all the liabilities on account of the house being owned by you. You can take eviction proceedings against your tenant in a Rent Control Court and also claim damages for the loss of rent and payment made for statutory amenities.
PG or tenant, the amount paid is to be treated only as rent
My mother is 72 years old and lives alone in an independent house. We had built a two-bedroom portion on the top floor, and she has kept a paying guest (PG) – a young working professional – at a very nominal rent. Now he’s locked the portion and gone to his native and not paid rent for the past six months. Though he is in touch with my mother, he says he is unable to pay rent but wants to come back in January next year. Is he liable to pay my mother the pending rent as he is a PG, not a tenant? She does not want to break the lock and clear out his belongings fearing legal complications. What should she do?
— Sivagami, Porur
Whatever name you call the tenant (PG or tenant), the amount paid by them is only to be treated as rent. If your mother also provides them with food, then the amount towards food and the rental has to be separated. You can terminate the tenancy and ask them to hand over the possession with or without arrears. If they fail to hand over the possession, you can file a police complaint or move the appropriate rent control court for eviction.
Bank can proceed against property pledged even after loanee dies
My father, who passed away recently, had in his name a personal loan from a private bank for a five-year period. Do I have to repay his loan?
— Subramanian
In philosophical context, there is something called ‘pious obligation’ of the son to the father. Strictly speaking, you may not be liable to repay the loan. But the bank can get a decree for recovery of the loan. In case your father had given sureties, they may proceed against the sureties. The liabilities of a guarantor are similar to that of a borrower. If he had furnished any property as security, they can proceed against the property also. It is better for you to pay up the loan to the bank.
Legal heir, succession certificates will have first wife’s name too as successor
Can you please guide me on the procedure to obtain legal heir and succession certificates? My husband died and his first wife, who he was estranged from, is now claiming that the flat that we lived in is hers. My husband didn’t leave a will but as Muslims, our marriage is legal.
— Shahbano, Triplicane
The legal heir certificate can be obtained from the local tahsildar office. But as per law, she will also be shown as one of the legal heirs. Since your question relates to house property, you will have to apply before the High Court, Madras for a succession certificate. It will involve paying three per cent of the value as stamp duty. Even in the High Court, your husband’s first wife will be shown as a legal heir to succeed to his estate to the proportion of her share.
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns
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