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Since 1st March, 1999
 
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LEGAL FAQS

Q: I work in a public sector undertaking. My Class X admit card shows my date of birth as 05-01-1974 whereas in reality it is 05-10-1974. I submitted my birth certificate to the West Bengal Board of Secondary Education and sought a correction of this error. I was told that the government of West Bengal allows a government or a PSU employee to apply for age rectification within five years of his or her joining service. What can I do now?

Kundan Das, via email

A: Rectification of clerical errors on official documents can usually be made by swearing and executing an affidavit before a magistrate of the first class. Subsequently, a direction for rectification may be sought from the court. However, check with the office authorities if that would suffice. If not, find out what provisions there are in their official by-laws for rectifying the records.

 

Q:My parents moved to Noida from Malda in 1987. Both of them died last year. My uncles are denying me any share in the ancestral property. They are not even allowing me to enter their house and refusing to give me the documents pertaining to my fatherís rights to the property. When I went to the local police station to lodge an FIR, they asked me to first bring the documents. How can I get my share of the property?

Mohan Sarkar, via email

A: If the property is ancestral, your right may be ascertained by proving the chain of successors to it, provided the property has not already been transferred in favour of your uncles. Send a notice of partition to your uncles and the other legal heirs. Thereafter, file a partition suit claiming your share. But first get a lawyer to conduct a property search and obtain a certified copy of the property deed.

 

Q:I had bought and registered an apartment. All demand notices for municipal taxes are issued in my name. Does this mean that mutation is complete?

Vishwadeep Chaliha, Calcutta

A: If mutation had been completed you would have been issued tax bills and not demand notices. You would also have a mutation certificate. For mutation you have to apply along with the required fee and relevant documents of your property. Mutation is the process of recording the change in ownership of a property. It also gives the taxpayer the right to contest the amount billed at any point.