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Since 1st March, 1999
 
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Q & A

There are two pre-1955-built, three-storeyed buildings at the junction of two streets. The buildings have different addresses and separate entrances. But the houses have common walls between them. There are eight flats in the two buildings, all occupied by decades-old tenants, who are being sold the flats.

As the existing construction cannot be changed, will the seller’s endorsement on the sale deed suffice? Will there be problems during registration, mutation and property tax determination for the buyers? Can the eight buyers form a registered owners’ association or society to run the complex?

Also, can servants’ quarters be built in the open space on the plot or on the terrace if the floor area ratio (total space that may be consumed by the floor or floors of a building coming up on a particular plot) is already exhausted?

B. Arun Kumar

The sale deed should endorse the sale of the building and also the land on which the structure is made.

There should be no problem for individual buyers regarding registration, mutation and property tax determination.

The buyers can form a registered owners’ association society.

Servants’ room cannot be built if the floor area ratio has been used up.

My father owns a house that was registered in 1956. He was shown to be 19 years of age and a student. Property tax and electricity bills are also in his name.

My paternal grandfather had married twice. My father and his sister were from his first wife. After her death, my grandfather married again and there were four children from this marriage.

In 1960, my father moved to a different part of the city, while my grandfather continued staying in that house with his family. In 1990, my grandfather expired. My uncles continued living in the house along with four tenants.

Can my uncles claim anything? Can my father file a case for their eviction along with the tenants? Can he claim the rent that my uncles had been collecting all these years? And can my father sell the property?

Deep Sen, Calcutta

It is not clear how your father came to own the house. If your uncles have proof that the property was bought with the money of their father (your grandfather), they can claim their right. Otherwise, your father has a very strong case. He can file for eviction as he can claim it was a gift from his father. Your father can also claim the rent and sell the property.

A proposed real estate company is putting up a project as a joint venture with the Bengal government in Action Area II, Rajarhat. They are allotting middle-income group (MIG) flats to prospective buyers without proof of salary. Would it be wise to but a flat here even though one does not fall in the MIG salary bracket? Would I be able to sell the property later without problems?

Mala Balakrishnan, Calcutta

You can apply to buy a flat there if the proof of salary is not being asked for.


Send your queries to propertt@abpmail.com or mail them to

Sambit Saha, Business Telegraph, ABP Ltd,
6, Prafulla Sarkar Street, Calcutta — 700001

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