Expert explains

CHENNAI: We are two brothers. My father passed away long back. In 1963, he had made a partition of his self-acquired property (building + 8 feet wide vacant land + 4 feet wide common passage). He gave me half of the share in building and vacant land, and common passage to enter into the building. He kept the other half of the property for himself. He did not give any share in the property to my brother due to some personal reason.

In the registered memorandum of property partition, he kept and showed the 4 feet wide common passage in between the building and the 8 feet wide vacant land. But in 1966 my father gifted the entire share of the earlier partition of 1963 to my brother. But in the 1966 registered gift-deed, he has shown the 4 feet common passage on the other side of the vacant land — first the building, then the 8 feet wide vacant land, and then the 4 feet wide common passage.In 1963, the common passage is shown as in-between the building and vacant land. But in 1966, the common passage is shown on the other side of vacant land. Which common passage is legally valid? As per 1963 or as per 1966? My brother is claiming both — 1966 because it was gifted to him, and 1963 – he being the son of my father, so, automatic inheritance right. He wants both to be a common passage or double common passage. Is he correct? If both as a common passage is valid, then where is my 8 feet wide vacant land?

-A Radhakishan

No one can gift more than what he owns. Therefore it is an original partition deed which will be valid. Subsequent gift deed only restricts your father’s right to give more than what he did not have.

If a person gets infected with coronavirus in his place of work because the company insisted he continue coming to office for work, is the company liable to pay compensation to the staff?

- Anonymous

Workplace infection will have to be treated as employment-related injury.  You can claim compensation from your employer.

Is it illegal to go for a morning walk during this lockdown period? I mean after this intense lockdown that ends on June 30. Because government orders say they are permitting a set of activities like industries and shops, and people can come out of the house only for essential activities. But nothing mentioned about activities like walking or  jogging.

- K Vijayakumar, Kodambakkam

When there is a total lockdown, it applies even for a morning walk.  You tend to spread the disease for which the lockdown has been imposed, and you can be punished for violating the same.

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

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