CHENNAI:
1. Since I refused to grease the palms, I could not get patta for a plot I bought from TNHB in 1991. After my lifetime, will there be any problem for my two daughters in inheriting the property? -R Venkatraman.
Patta is not a title to the property. Since you are having the registered sale deed issued by the TNHB your daughters can inherit the property without any difficulty.
2. We have 379 members in our FCI Employees House Building Co`Op. society and the society has collected equal amount from all promising a plot in a CMDA approved layout. But the plots are not identical and how can the board decide on allocating the plots among members who have equally contributed? Hope this won?t become a legal hurdle. -T M Balaji
There can never be any arithmetical precision in such matters. You can draw a lot and allot the plots accordingly. After allotment if some members get a lesser extent the others can contribute money towards the loss.
3. I am a farmer from Pattiveeranpatti in Dindugal district. From 1983, we were using a horse path to transport goods from our coffee estate. It was a 12 km long path connecting Pullaveli and Solaikadu villages through the patta lands and even mud road for vehicle transport was laid by villagers on their own. No documents was created. But in 2015, a portion of the road was damaged and that land owner said no one can pass through his land since its his land. Can we claim the road from him again? -Dinesh Shankar
In Patta land you cannot claim a right of pathway. Even the revenue authorities cannot use the power under Section 133 of the CrPC (removing obstruction) for making the road available to you.
4 I got retired after working in a travel agency for more than 15 years. But the company is refusing to pay me gratuity. Am I eligible for the gratuity? If so, what are the formalities to claim it? -K Rangaswamy.
If your agency had employed ten workers then the provisions of the Payment of Gratuity Act, 1972 will apply. If the employer don?t pay gratuity you can move the Assistant Commissioner of Labour claiming Gratuity. Before that you must send a notice in the prescribed form.
5. Kindly enlighten whether payment of traveling allowance to be borne by the litigant or the government department, if a court has summoned a govt. official to enquire in his official capacity. -M V Bhargavan
In a criminal case if a third party is summoned then the Court will pay the allowance. In all other cases only the department in which one works will have to pay the allowance if the summons are issued to you in an official capacity.