Q: I have been allotted a covered car park in a newly constructed block of flats. It is surrounded by car parking spaces on all four sides. The sale agreement does not mention that my car park would be “dependant”. I don’t want a space with such obstructions. I have sent emails to this effect to the developer but have received no response. Is there any legal provision that would address my grievance? Can I file a case before the consumer court?
B. Purkayastha, Calcutta
A: If only the registration of your flat has been completed and it does not include the garage or car park, you stand a chance to address your grievance before the consumer court. However, if the registration of your flat includes the car park, then instituting a court case against the promoter may not be worthwhile. The deed of conveyance is a contract, and you are also bound by it. Nevertheless, in both cases, you can send a legal notice to the promoter addressing your issues.
Q:I am 80 years old. Ten years ago I made a registered will that said my older son would inherit all my property after my death. Now I wish to give equal shares to both my sons. Will it be enough to cancel my will? If yes, do I have to get the cancellation registered too?
Nila Nag, via email
A: Since your previous will is registered, the subsequent testament will also have to be registered. It is advisable that you make a fresh will distributing your assets, mentioning therein the revocation of your previous will and get it registered in accordance with the Indian Registration Act.
Q:I own a piece of plot under the Thika Tenancy Act since 1982. Can I transfer it under a long lease to a builder who wants to build residential flats?
Gurpreet Nanak, via email
A: According to the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulations) Act, 1981, a thika tenant is entitled only to let out the whole or part of a structure on a land. He or she cannot let out any vacant land or part of it. The act also states that land under thika tenancy may be acquired by the state government at any point of time, in lieu of compensation if it is for public purpose. Hence the law does not allow the letting out or transfer of lands under the Thika Tenancy Act.