Our developer has decided to add residential floors to the clubhouse in violation of the original plan. As the clubhouse is at the south-end of the HIG complex, adding floors to it will affect the southerly breeze and block the view of the south-facing apartments.

It may also be mentioned that the developer charged an extra location-benefit cost for south-facing apartments. Do we have a strong legal case?

Malancha Owners Group

Please find out whether the Calcutta Municipal Corporation has approved the modified plan. If yes, the developer can add floors to the clubhouse. But you have a case if there is a proper document that shows the promoter charged extra for south-facing flats. You should consult a lawyer.

The extra charge should be returned if new construction violates the facilities for which it was paid.

I visited a mortgaged flat, which will be sold by a bank via open auction.

The flat’s original owner had taken loan from the bank under a tripartite agreement involving the person who owned the land, the promoter and the flat owner. But the flat has not been registered yet.

The property was mortgaged to the bank against the loan. If I go for the auction sale and end up the highest bidder, what will be the status of the registration? Is there any need for a title search?

Who is responsible for all the statutory dues pending for a long time?

I.K. Saha

The bank is now the sole owner of the property. For registration of the property, the bank will do the needful.

You can always carry out a search but chances are it is a clean title as a bank is the seller.

The statutory dues will have to be adjusted with the purchase price. You should discuss the issue with the bank.

I am a housewife and want to sell the land that I have inherited from my father. The gain from the sale of the property will be more than Rs 15 lakh.

What will be my wealth tax? If I do not reinvest in property, what are the other ways to minimise capital gains tax?

S. Modak, Midnapore

If the gain is more than Rs 15 lakh, you have to pay wealth tax at the rate of 1 per cent. For example, if the gain is Rs 16 lakh, you have to pay 1 per cent on Rs 1 lakh.

If you do not reinvest in property, you can buy capital gains bonds from the National Bank for Agriculture and Rural Development or the Rural Electrification Corporation.

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

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