Opa at your service

Questions and Answers

Lost deed

Question: I have lost the deeds of the house. The lawyer who wrote the deed is dead. How can I get a new deed? Your advice will be appreciated.

Thanking you.

K C Jayawardena, Moratuwa

Answer: There are usually three copies of a deed, one is the original which you claim to have lost, the second is the duplicate which should be available with the Land Registry office in the area where your lawyer who prepared the deed was practicing. The third copy is referred to as the protocol copy and is retained by the lawyer who prepared it.

After the demise of the lawyer, the protocol copies should be handed over to the Land Registry as stated earlier of the area in which your late lawyer was practising. This you may check with the late lawyer’s family. If you don’t have the number of the deed, then you have to request a lawyer or a Notary Public to make a search at this Land Registry. The Land Registry will issue a certified copy of the deed once the deed details are traced.

Noise pollution

Question: I am writing this letter on behalf of the residents of Davidson Road, Lorenz Road and the adjacent roads with regard to the irritating noise emanating from the nearby kovil.

We have been living in this locality for the last 50 years and have never experienced such a nuisance all these years until now. It is truly disgusting. The loudspeakers are turned on full blast and the noise makers carry on with no regard for the people living in this area. Believe it or not this noise pollution has compelled some of the residents in this area to shift to other areas. The residents have no objection whatsoever to the conducting of religious observances. But, why should they disturb the peaceful environment. I am sure no right thinking god will permit this kind of disturbance. The noise starts at 5 am and continues till 7 am and again in the evenings from 4.40 till 8 on a daily basis. I doubt the environmental authorities sit around to hear the ear-splitting sounds night and day. No law-abiding person will tolerate this noise pollution in this residential area. What do we do with people who have no social or civic sense, no sense of environmental responsibility or no conscience?

I hope and pray this letter will get the attention of the relevant authorities and take appropriate action to curb this menace. If no concrete action is forthcoming from the relevant authorities the residents have decided to take the law into their own hands to deal with this nuisance.

Disgusted residents, Colombo 4

Answer: As requested we will publish your concern but we very much doubt that any person responsible for this will read this and take any action. We suggest that a few of you get together and meet the religious dignitary concerned, failing which speak to the Bambalapitiya Police. Is it the Hindu kovil facing Galle Road with a side entrance to Lorenz Road. During a week or two of some festival it is understandable but they cannot use loudspeakers day in day out. If you can provide more details of this kovil we may be able to discuss with the authorities concerned.

They can use loudspeakers only from 6 am to 10 pm. Since you state that they start at 5 am, they have to obtain permission from the ASP of the area which you can check up with the Police whether this kovil has been given any such permission.

Cutting down jak tree

Question: My next door neighbour has grown a jak tree a few inches away from the parapet wall. This wall was constructed solely with my money. The tree is now more than 15 feet tall. As the years go by, the girth of the tree will damage the wall. Most of the branches of this tree are on my side of the land.

It hasn’t started bearing fruit, as it is still a young plant.

Please let me know what action I should take in order to get this tree cut down. The neighbour is not in talking terms with us. Anticipating an early reply.

K H P R Fernando, Negombo

Answer: If it was some other variety of tree we could have offered the solution of cutting it down but in this case it happens to be a jak tree. As far as we are aware, you cannot cut down a jak tree even in your own compound without the written consent of the Divisional Secretary. Although it has not started bearing fruits the plant is still a jak tree which is protected by law. We suggest that you seek the advice of the Grama Niladhari of your area on this matter.

*********

PAYE Tax for 2011/2012

Question: Can you please let us know the New Payee Tax applicable for the tax year commencing April 1, 2011. We very much appreciate the assistance given to the public and the professional service rendered to the professionals and other members of the public by the Organization of Professional Association (OPA). The Legal Aid Page is helpful mainly on legal matters. No such service is being provided by any other Organization.

- Regular Reader

Answer: Yes, Paye Tax means Pay As You Earn Tax which is deducted at source by the employer from employees and remitted to the Inland Revenue Department on behalf of the taxable employees.

We provide below the PAYE tax applicable to all employees who are resident and citizens of Sri Lanka.

The paye tax applicable to non-citizens employed in Sri Lanka will be different and that has not been included but can be provided if requested for.