Your Q, His A

The 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 sopy 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?
8212;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 108c 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 tenant8217;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.