Expert explains

CHENNAI:Q1. My brother bought a land 10 years ago and registered it. He had a few plans for the property. When we saw the Encumbrance Certificate, we noticed that some other person (many ownership) owns the same land. What do we do? — Shylaja

Ans : You must understand possession is 9 point in law. The remaining one point is the paper title. You must find out more details about the nature of transaction reflected in the encumbrance certificate. If any fraudulent transaction had taken place, you can give a police complaint. In the absence of any details being gathered you can file a civil suit in the appropriate court against the person claiming ownership at present and also the persons who had transferred the property to such persons. You must also remember any civil litigation will take a long time and it is important to identify a good , honest and ethical lawyer.

Q2. We have 40 cent land with an old house in the name of our mother, who passed away 25 years ago. There is a registered will by her stating that the property should not be sold and all her nine children are equal owners of it. The property tax is paid in the name of one of my sisters staying in the house. Now, the major portion of the land including the house is being acquired by National Highways for broadening the road. The property is still not portioned. Since my sister takes care of all the expenses, is it possible that she is treated as the owner of the property and claim the entire compensation from national highway authorities? Also, is it possible for us to construct a new house or shop at the remaining portion of the land ? — M Upendran

Ans: If it is an acquisition for national highways, the proceedings are initiated under the National Highways Act, 1956. Under Sec 3H(3) of the Act, the competent authority can determine the persons who are entitled for compensation. Therefore you will have to file an objection application before the competent authority claiming a share in the compensation. In case of a dispute section 3H(4) enables the authority to refer the matter to the Civil Court for adjudication of the appropriate claim. Consult a lawyer and send an objection letter.

Q3. I purchased four plots of 1,200 sq.ft each in Hosur, Krishnagiri district, in 1992. The latest EC shows one of the plots was illegally transferred to somebody in 2011. When I approached the RO of Krishnagiri, he advised me to file a case in the court to establish my title. Can I file a plea in Madras High Court as I stay in Chennai? — Lakshmi

Ans : The Madras High Court (Original Side) has jurisdiction to deal with properties situated within the presidency town of Chennai only. Therefore you will have to file the case at Hosur only.

Q4. We have a flat owner in our apartment who has not been paying maintenance charges for more than seven years now. What action can be taken against him. Please note that we don't have the registered association for all the flat owners as yet. — Hitesh

Ans: Normally an unregistered association cannot file a suit. Therefore either all the apartment owners jointly or in a representative capacity can file a civil suit against the defaulter.

Q5. Recently the central government announced the revision of gratuity from `10 lakh to `20 lakh for central government employees with effect from January 1, 2016. For private and public sector employees they have given the effective date as March 29, 2018. All retired employees after January 1, 2016 are shocked. Can the association go to the court challenging this order for positive verdict? — MS Suresh Kumar

Ans: Central government employees are not covered by the Payment of Gratuity Act, 1972. They are getting gratuity under the pension scheme. The private and public section employees are covered by the Act. Therefore the central government can fix the date of operation of the amendment act differently. Fixing a date is a prerogative of the parliament and the central government in case of any delegation of power. You will not succeed in challenging in fixation of different cut off dates since the liability to make payments of the gratuity varies from authority to authority.

Justice  K Chandru is a former  judge of the Madras  High Court
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