Your Q, His A: Rajiv K. Luthra

Presuming that the child is a Hindu and that the widower your sister-in-law is married to is also a Hindu, the Hindu Adoptions and Maintenance Act, 1956, and the Hindu Minority and Guardianship Act, 1956, shall apply.

According to Section 11 of the Adoptions Act, if a son is adopted, the adoptive father or mother by whom the adoption is made must not have a Hindu son living at the time of adoption. Hence, the widower cannot legally adopt your deceased brother’s son. The mother is alive and she is the natural guardian of the child. The mother’s remarriage is not a disqualification to act as a natural guardian. The natural mother can be disqualified from acting as a natural guardian only if she ceases to be a Hindu by conversion or if she becomes an ascetic.

Section 6(a) of the Guardianship Act states that the custody of a minor son below five years shall ordinarily be with the mother. However, the interest and welfare of the minor child is of paramount consideration before the court, which has been vested with sufficient discretion. To get the custody, you will have to prove that the mother in some way has made herself unfit to retain the custody of the minor.

I had rented my house for a term of 11 months, upon the expiry of which my tenant refused to vacate the house. On his request, we entered into an agreement to sell and he said that he was applying for a housing loan and that he would pay the balance amount on a specified date. He gave me a post-dated cheque for the balance amount with the understanding that I would not encash the same before the fixed date and return the cheque if the housing finance loan cheques were issued. He failed to fulfill the contract and I also found out that he has not applied for any housing loan. Please suggest ways to get my money or property back and claim damages from him. N. Dhanraj

At the outset, it may be noted that the title in the property does not get transferred in the name of the intended purchaser merely by virtue of execution of an ‘agreement to sell’ — for that a registered sale deed is required. Since your tenant has not performed his obligations under the contract, you have the option of terminating the agreement to sell and suing him for recovery of damages suffered by you, on account of his breach of contract.

As regards eviction, you can initiate proceedings under the provisions of the Transfer of Property Act or the Rent Control Act of the State, whatever maybe applicable. However, a detailed analysis of the agreement and other relevant facts and circumstances will be required, for which it is advisable that you seek legal advice.