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Q: Our promoter has not demarcated the garage spaces, resulting in confusion among flat owners. Is he liable for the demarcation? What action can we take against him?
Name withheld
A: Yes, it is the promoter’s responsibility to demarcate the garage spaces. This should also be reflected in the sale deed. The flat owners could jointly address the promoter before the registration of the sale deeds of the flats. If he does not oblige, you can serve him a legal notice and thereafter file a complaint before the civil court or the consumer forum seeking compensation for the undue harassment, loss and mental agony caused to the flat owners.
Q:The flat I stay in is in my mother’s name. My mother died eight years ago, leaving no will or nomination. I have no property in my name. I have one married sister. Does she have any claim to the flat? Can she demand money from me after my father’s death as I am staying in the flat? Can I transfer the flat to my name with my father’s written consent? If yes, what is the procedure?
Name withheld
A: Since the flat was in your mother’s name, your sister is also a legal heir, and has inherited an equal share in it. Naturally, she can claim that share. She can claim partition or the money value of her share not only after your father’s demise but even under the present circumstances. Legally, your father, sister and you own one third each of the flat. Your father can transfer only his share to you and he can do that by executing a registered gift deed.
Q:I plan to buy a flat from a person who claims to be a promoter. How can I find out if he is a genuine promoter?
John D’souza, via email
A: The West Bengal Building (Regulation of Promotion and Construction and Transfer by Promoters) Act defines a promoter as a person who constructs and causes to be constructed a building on a plot of land for the purpose of transfer of such building to another party. The act makes it mandatory for a promoter to register his name with the state government before starting such construction. Notwithstanding the certificate of registration granted to the promoter, you should take the assistance of an advocate to ascertain the clear title of the flat before striking any deal.
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