Three years ago we, the landowners, had signed a development agreement with a developer. The document listed staircases, landings, storage tanks, parapet walls, etc. as “common benefits/facilities” which were included as Schedule A in the agreement.

Now, while calculating the super built-up area, the developer is adding “proportionate share” of the staircase area to the built-up area of each flat. His point is that the Calcutta Municipal Corporation considers staircase area part of the built-up area while sanctioning a building plan.

Can he include the “proportionate share” of the staircase area in the built-up area when the agreement lists staircases as common benefits/facilities?

Raja, Kasba

The meaning of built-up area is confusing. In some projects, it is called covered area, which includes the wall of a flat. However, in certain government projects, built-up area includes proportionate share of the common lobby and staircase of that particular floor.

You need to speak to a lawyer as a development agreement may have to be amended to include proportionate share of the staircase area as part of the built-up area.

The amendment could be necessary as the same area was listed as a common area in the original agreement.

My mother and one of my sisters bought a flat in 1979. My sister, a spinster, died in 2005. My mother expired in 1986.

My mother willed her portion to my second sister, also a spinster who died in 1997.

In her will, my mother said that as my other three sisters were married, they would not get any portion of the flat.

My third sister, whose two daughters are both married, died in 1998. Among my remaining siblings are two married sisters.

I want to know if I, the only son of my mother, can sell the flat without the permission of my two surviving sisters and the daughters of my late third sister and whether their signature is necessary on the sale deed.

T.P. Dasgupta

While your mother has excluded three of your sisters from the flat, she has not included you either. If the owner of a property does not leave a will, his/her heir, son and/or daughter, will have equal right on the property.

However, you have a strong case as you are your mother’s natural heir and your mother had excluded all her married daughters. But it is suggested that you seek legal opinion before proceeding further.

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