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

I have applied for the sub-division and demolition of my property at the Corporation office in Chennai. As my property is linked to a private road, officials say that they do not have the authority to subdivide the property. I’d like to know whom to approach for this. If I gift the said area to my three sons via a family settlement, will the land be considered as an unapproved plot? Also, will my sons have to get the plot regularised by paying the fee and other charges? What are the rules of the city’s Town Planning Department regarding demolition/subdivision/building construction in an area where the plots are connected via a private road?

S Nirmala Jain

Chennai

Few of the key parameters while granting approval for construction by the authorities would be to ensure that the person who has applied for permission has a right over the site and that the plot satisfies the requirements for approval such as access to public road and norms pertaining to set-back spaces. It appears that your plot is not capable of subdivision by metes and bounds. You may consider constructing a common building consisting of multiple units and gifting independent units to your sons along with proportionate undivided shares in land. Please contact an architect or a certified civil engineer to ascertain the relevant rules pertaining to demolition and re-construction on your land.