LEGAL CHAT
The distance covered in a year
SRINATH SRIDEVAN
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What are the legal issues that we have addressed this past year in Property Plus? A quick recap.
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THIS, THEN, is the Anniversary Column of Property Plus. We have covered much distance in this past year.
The first column that appeared in Property Plus pertained to the safeguards to be followed in the purchase of property and the steps to be followed in the process of checking title to a piece of property.
The second column moved on to the process of scrutiny of title deeds, discussed the nature of these title deeds themselves, and then, went on to the process of following the flow of title, from one holder to the next.
Having seen the flow of title, the third column then moved on to the topic of encumbrances, which are the potholes and speed-breakers in the highway of a person's title.
The fourth column took a break from the normal sequence of articles and addressed one particular reader's query in detail, which pertained to the problem of an unscrupulous flat promoter who after entering into agreements of sale with the buyers but before executing sale deeds in their favour, unbeknownst to them, mortgaged the land to a financier.
The fifth one resumed the process of examining the concept of flow of title and moved on to the topic of people who desired to engage Power Agents, and the safeguards to be observed therein.
The sixth moved on to the topic of the purchase of a flat and covered those aspects of a flat purchase, which are intrinsic to it, such as the sale of the undivided share of land, the construction agreement, and the problem of defects in a completed flat.
Having talked about purchase of a flat in the sixth column, the seventh addressed the issue of financing of a flat, and the requirements of bankers from whom you would seek financing.
The eighth one moved on to amenities, and in particular, that of the supply of water. That column was inspired by the fact that Chennai was reeling under its worst water crisis ever, and that water lorries were then more ubiquitous than bicycles! Fortunately, our position has improved since then.
The ninth column went on to cover the topic of tenancies and the rights and obligations of landlords under the Tamil Nadu Buildings (Lease and Rent Control) Act, and in particular, the rights of landlords who are burdened with recalcitrant tenants.
The tenth column hopped over to the other side and examined the rights and obligations of tenants under the Tamil Nadu Buildings (Lease and Rent Control) Act, and in particular, the rights of tenants who are burdened with irksome and overbearing landlords.
The eleventh one, like the fourth, took a break from the sequence of columns, and addressed a single reader's query which, in my opinion, was of general interest, and merited a response in the column. This pertained to the problems faced in apartment complexes, such as elevators, and restrictions on the enjoyment of a flat.
Responding to the burgeoning interest in the laws of succession, the twelfth column addressed the laws of succession as applicable in India, in general.
The thirteenth column covered the laws of succession as applicable to Hindus, in particular. We covered the laws of succession both with respect to Hindu males, as well as Hindu females, and especially the broad categorisation of persons entitled to a share in the estate of the deceased, into Class I heirs, Class II heirs, Agnates, and Cognates. For the sake of brevity, we covered the Class I heirs alone.
The fourteenth covered the laws of succession as applicable to Muslims, in particular. We covered the distinction between the various types of heirs, and the broad categorisation of persons entitled to a share in the estate of the deceased, into Sharers, Residuaries, and Distant Kindred. Again, for the sake of brevity, we covered the Sharers alone.
The fifteenth column took a break from the sequence of columns, and addressed an issue upon which I have been receiving at least five queries every week, and this was on the topic of apartment associations. We reviewed the rights and obligations of apartment associations, vis a vis the rights and obligations of the members therein. This column apparently did not go down well with some of you who felt that I should have written a column more strongly in favour of associations, and more strongly against indifferent members. The sixteenth one resumed the topic of laws of succession and addressed the law of succession in its applicability to Indian Christians. While addressing this topic, I committed a faux pas which some of you were quick to point out. I had wrongly mentioned that pre-nuptial agreements disentitling the wife to a share on the termination of the marriage were valid under the Indian Succession Act, not noting that this provision of the statute had been recently repealed. Some of you immediately pointed this out to me and we issued a corrigendum. I am grateful to those of you who corrected me.
The seventeenth column then moved on to the topic of licenses. We had earlier covered the topic of leases (and tenancies), and this column addressed a somewhat different and more limited right, which as seen above is called a "License".
The eighteenth column addressed the issue of gifts and settlements. It covered the topic of the law on this aspect in its applicability to Indians other than Muslims and also set out the details of the stamp duty applicable to such instruments.
The nineteenth one took up the balance of the topic of gifts and settlements and covered the law on this aspect in its applicability to Muslims.
The twentieth and penultimate column addressed one remaining aspect of the law of property, which I felt I had not addressed, and this pertained to Trusts. I spoke of the creation of trusts and the sale and purchase of property by trusts. I did not cover the topic of Wakfs, which are a kind of religious trusts, which is open for Muslims to create, but this again was for the sake of brevity.
This has been a learning experience. I am grateful to you, constant reader, for having read this far.
(The author holds a Masters Degree in Corporate Law from New York University and is a Partner in the firm Sridevan and Krishnaswami, Chennai)
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