Lawfully yours: By Justice K Chandru

CHENNAI: Mediator cannot thrust a decision, get ready to file proper partition suit

Q: The partition of a residential property inherited by our grandfather is left undone by the nine legal heirs even after the demise of our parents. When we attempted to divide the property by mutual consent, one brother refused to sign the deed. On June 19, 2019, the second brother, the fifth legal heir as per birth order, filed a civil suit in the sub-court claiming sole ownership of the property and requested a decree and a consequential injunction. The plaintiff is 70, and his four elders are aged 72 to 78 years. Residing in Chennai and Coimbatore, they have age-related health issues and are under medication. Though hearings got delayed due to COVID-19, on July 5 this year, the court dismissed the suit with cost. Though we approached the plaintiff again for a compromise, he was not willing to discuss it and is going for an appeal in the District Court, supported by the second female defendant in his favour. The plaintiff’s stand indicates an ulterior motive and intention to drag the issue to the extent possible, putting others in mental agony. Will filing a partition suit by our elder brother at the Mediation Centre suffice to find an early redressal?

— K Annamalai, Pallikaranai, Chennai

A: When one person claims ownership of a property and files a suit, instead of merely resisting, you should have filed a cross objection, and/or filed a separate suit for partition. By not doing so, you have lost five precious years. Anyhow, mediation is only a first step. If all do not agree to a compromise, the mediator cannot thrust any decision on all of you. Hence, get ready to file a proper suit for partition.

Online certificate course fraud victim can move consumer court

Q: I enrolled in an online certificate course for nutrition in October 2021. To date, I haven’t gotten my certificate, and recently, I came to know that the certificate they issued is also not genuine. The biggest problem is that the doctor who took the classes is from a different country, but the person to whom I paid the money is from Chennai only. Kindly guide me on how to proceed with this issue.

— Nabisha Babulal, Chennai

A: File a consumer complaint before the consumer court against the local man and the online company for deficiency in service and for compensation.