Altering a street’s width

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

Chennai, 31/08/2021 : Thousands of migrant construction workers are happy to return as most have raked up huge debts in absence of a steady income for months. Builders are focused on cutting losses incurred on account of delay, bank interest and inflated cost of material. Builders spent lot of money on bringing back each worker, most of whom are from Bihar and Uttar Pradesh. Photo : Raghunathan SR / The Hindu

As per the revenue department’s TSR Record of 1979, a street’s width opening has been marked for 2.9m and the rear end has been marked for 3.6m (when all the plots were empty). Now, as the dwellings have increased by more than 16 on the street and all buildings are more than ground plus one structures, all 16 dwellings have to use this as an approach street. Since the entry of this approach street is 2.9m, it restricts the entry of auto rickshaws and other small vehicles. As the GO.Ms.No.18 advocates the provision of a barrier-free environment for the elderly and children, we requested the municipal corporation to realign the street uniformly with an average width of atleast 3.25m. However, the municipal corporation is rejecting our pleas and officials state that the revenue department’s TSR plan of 1979 for street width can only be adopted, and they cannot realign the street width uniformly as they are not competent to do so. Even when we highlighted the increase in the dwelling count, and that the street’s width has been less that the qualifying width, our requests were rejected stating that town surveyor certified the width (2.90m in the front and 3.60m at the end) and they cannot take further action to realign the street. How do we proceed?

Selva Jayapal

Chennai

The status of possession and ownership of the properties on either side of the road will have a bearing on whether realignment is possible or otherwise. In some cases, land acquisition proceedings have to be initiated to widen the road and the same has to be done by the government in accordance with all applicable guidelines/rules, including payment of compensation to the affected owners. If the survey records indicate that realignment is possible as it is, you may have to file a Writ Petition seeking appropriate directions from the Court.

I have 3 houses in Chennai. These are the details:

1. One flat is in the name of my wife and I, and we wish to transfer ownership to my daughter and son-in-law

2. The second flat is in the name of my son and I, and I want to transfer ownership to my son and daughter-in-law

3. The third, an independent house is in my name, and I would like to include my wife as a joint owner.

How do I get this done?

Ramaswamy Ganapathy

Chennai

It is possible to do the transfers as indicated by you by executing and registering Deeds of Settlement/Gift. However, if the beneficiary/recipient is your son-in-law or daughter-in-law, there could be a levy of higher stamp duty and gift tax implications. Please consult your lawyer and proceed as per his/her advice.