TT Epaper
The Telegraph
 
CIMA Gallary

LEGAL FAQS

Q: I have been diagnosed with Parkinsonís disease. At the moment it has affected only the left part of my body. Can I get a disability certificate? If yes, from where?

Vijay Mehta, via email

A: Entitlement to a disability certificate is governed by the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and its Rules, 1996. They lay down that a medical board, constituted by the central or state government, shall issue these certificates. You could get in touch with a government hospital or the social welfare department to verify further details and the procedure.

 

Q:Ours is a co-operative colony, registered in 1948 under the Bengal Co-operative Societies Act, 1940. The society does not get any financial assistance from either the Government of India or the Government of West Bengal. The land was registered by paying regular stamp duty. The members receive audited financial statements. Annual audits by the registrar of co-operative societies are also carried out. Does our society come under the purview of the Right to Information Act, 2005?

Chandan Pal, Rahara, West Bengal

A: In a recent decision, the Supreme Court ó while quashing a Kerala High Court order ó has held that co-operative societies do not fall within the ambit of the Right to Information Act. An office bearer of a non-aided co-operative society cannot be classified as a public information officer and hence the office cannot be termed as a public office. Hence the RTI Act will not be applicable in your case.

 

Q:The property we inherited from our father is being promoted. I wish to sell off a part of the flat that I will get, keeping only a small portion for myself. Do I have to get the portion that I wish to sell registered too? Will there be any legal problem in the division of the flat?

S. Bhattacharya, Calcutta

A: Selling a portion of a flat may create legal complications. A flat being a separate independent unit is constructed on the basis of a sanctioned plan. Any internal partition would amount to deviation from that plan unless it has been revised in the meantime. It is advisable that you discuss your intention with the promoter at the initial stage itself so that he can allot you your share of the property as per your requirements.