Lawfully yours: By Retd Justice K Chandru

We purchased a flat in a 24-house building complex in the year 2000 from a politician-builder, which was registered in our name without GCC sanctioned plan. He sold and rented multiple unauthorised flats in the complex and bequeathed the undivided share (UDS) of land to his sons and daughter before passing away. The dilapidated building now needs maintenance/reconstruction. Flaunting muscle power, the heir is adamantly declining to share repair cost but is also demanding UDS value as well as free property share if reconstructed. Most of the house owners are from middle/low-income groups, the housing society is weak by the constitution and approaching court for salvation is opposed by some. We seek your valued guidance for a solution to this stalemate and a soft legal recourse if there is any.

— Vijay AL, Chennai

Getting the consent from all flat owners for demolition and reconstruction of a new flat complex has become a vexed question all over. Since all of them have a share of ownership in the UDS, it will be impossible to go for a new project. The only way, if at all, is to approach the municipal authorities. They have power to order demolition of a building if it is not safe and has become dangerous for rehabilitation.

I am Pranav Thorali, studying at MIT, Chennai. My father, TR Kubernath, who had worked in Ericsson for 10 years as an assistant manager, later joined Aircel as an Assistant Vice President (AVP) for one year. Due to some issues, he wanted to resign when his ex-Ericsson bosses started a new company called Zamil Infra. They had a business deal with a company called NCell in Kathmandu, Nepal. They appointed my father as the head of the organisation in Nepal, but with the same salary he was drawing during his Aircel days. They promised to pay my father a substantial amount for his efforts after 10 years if the company succeeded in drawing business successfully. My father had a verbal agreement with them, as they were my father’s ex-bosses and he had faith in them. My father managed to achieve the required goal and even exceeded the expectations. But they never fulfilled their promise and hence we are yet to receive any money from them. Is there any solution? Is there a way we can approach them legally?

— Pranav Thorali, Chennai

Since your father is not a workman under Labour Laws, the terms and conditions of his employment will be governed only by the terms of contract. In the absence of any term of contract for enhanced emoluments or perks, you cannot move the civil courts to wary the term of contract.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns