Expert explains

Published: 21st May 2016 06:14 AM  |   Last Updated: 21st May 2016 06:14 AM   |  A+A-

1 I am working in a private hospital for the last six years. Except salary, there are no benefits. If I decide to resign or if they want me to resign, will I get any settlement for my services?

K Ravi Shankar

If the hospital has more than ten employees, it will be covered by the Payment of Gratuity Act, 1972 and you may get gratuity for six years even if you resign. The gratuity is calculated as half month’s pay for every completed year of service.

 

2 I am applying for an education loan for my daughter from  a  nationalised bank . I am  applying for this  against the collateral  of my property ( land with house). I am  informed by the bank that  the  original documents of the property have to  submitted to the  bank appointed lawyer for verification. We have also  obtained the  EC certificate from the concerned registrar office and submitted  the same to the lawyer. The lawyer  however insists that the encumbrance  certificate be obtained on his name.

Raja Pillai

The EC obtained by the concerned party is sufficient. It need not be applied in the name of the lawyer.

 

3 In a motor accident case in Lok Adalat, Tiruchy, a case was settled on some amount but my lawyer is quoting a lesser amount and saying only this has been granted. What are my options?

G Thilak

Make an RTI application to the Information Officer attached to the District Legal Aid Service Authority at Tiruchy and ask them how much amount was paid in your Lok Adalat case.

If you got less than what has been directed to be paid, you can proceed against the lawyer by giving a complaint before the Bar Council of Tamil Nadu for professional misconduct and for return of the balance amount excluding his fees.

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4 I am a retired TNEB official aged 77. My son has some disability. I opened a small garment shop for him, which is running since November 2003 in a rented building. I purchased a single bedroom ground floor flat measuring 550 sqft three years back. In March, I shifted the shop to the hall portion of my own flat. One among the five owners of the flat is raising objection for running the shop. Can I have the shop in my own building? Is it legal? I have very limited customers and further, the entire street has commercial establishments except this one.

Ramachandran V

You cannot  conduct any commercial activity in residential premises. However if the area is a mixed residential zone, then there is no bar.  But then, you will have to pay property tax for the premises under commercial rates. 

 

5 Can i get the medical records pertaining to a patient who had died in 2007 at a hospital in Chennai? I came to know that IMA has said that doctors and hospitals should compulsorily provide a copy of the case record to his legal representative.

 K Ravi Shankar

They are bound to provide a case record to the legal representative of the patient.

 

6 We have purchased agriculture land 15 years back from our uncle and paid `1 lakh for two acres. Instead of the sale deed, we had taken power of  attorney from him and his sons. When we asked them to sign the sale deed, they cancelled the PoA and registered  the property in their name without our knowledge. What can be done?

Govindaswamy

If there is no document to establish sale of property, merely having a power of attorney will not help. At the time of purchase using PoA, you should have registered a sale deed in your favour.

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

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