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Article Published in the Express Magazine Dated
August 11, 2002
General Attorney : Rajiv K. Luthra
My actual date of birth is recorded in the
municipal birth certificate while my
school-passing certificate has the wrong date of
birth. My employer insists that my school-passing
certificate would be taken as the indicator of my
age. The school authorities were not willing to
make the necessary change in the passing
certificate. Please advise.
Anonymous, Bombay
Municipal Birth Certificate is a certified copy of
the entry made in the Municipal register of Birth
and Death. In various cases it has been observed
by the court that where there is a dispute as to
date of birth of a person, an extract from the
register of birth and death is bound to be
accepted as conclusive proof. Further, the court
specifically observed in a case that where there
is a conflict between a birth certificate and
entries in records of an educational institution,
under certain circumstances the birth certificate
would be given a preference.
You may obtain a Certified Copy of the Municipal
Register from the municipal authorities, attach it
with an affidavit to be made in this context and
furnish the same to your employer. In case your
employer does not make the requisite changes in
your service record, you may approach the court
and file a civil suit against your employer.
What are the permissions/documents required
when an old building is undergoing reconstruction?
What safeguards are available to a tenant to
ensure that the building reverts back to him after
reconstruction?
Renuka Mani, Mumbai
A building is said to be reconstructed when it is
rebuilt or restored to its original condition
after having been wholly or partially demolished.
The Bombay Municipal Corporation Act, 1888, (“BMCA”)
stipulates that persons intending to take up any
type of erection should give notice of his
intention to the municipal commissioner in the
prescribed form. The Commissioner may before
approving the same require, the furnishing of all
or any documents specified in Section 338 of the
BMCA. These may include correct plans,
specifications of description of work, block plan
of the building, drainage plan etc.
If the property is falling within the ambit of
Maharashtra Rent Control Act (MRCA), the tenant
can secure his rights as per the provisions of
MRCA. However, if the building is beyond the scope
of the MRCA, the Transfer of Property Act, 1882,
(“Act”) will be applicable.Under section 108(c) of
the Act, in the absence of a contract or local
usage to the contrary, the lessor should be deemed
to contract with the lessee that if the latter
pays rent reserved by the lease and performs the
contract binding on the lessee, he may hold the
property during the time limited by the lease
without interruption.
Thus, if the demolition by the landlord is
voluntary, without reasonable cause, and the same
is done in contravention of the lease agreement
and against the tenant's consent, the tenant has
the option to seek an injunction from court
preventing such demolition. If the building has
already been demolished the tenant has the option
to seek a mandatory injunction directing the
landlord to restore the building within the
stipulated time period specified by the court and
hand over possession thereof.
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