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Since 1st March, 1999
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Q & A

I live in a multi-storey building. For the last one year, water has been seeping in one of our toilets and the kitchen. The owner of the flat above us and the association are not taking any steps.

I sent a letter to the association and a meeting was held about a month back, where it was decided that the bathroom of the flat above mine would be mended. But no action has been taken yet. What should I do?

S.K. Gupta

The association has little role to play as the seepage is not from the outside wall. You have to negotiate with the flat-owner whose bathroom floor is damaged. The association can help in negotiations but will not bear the cost.

We had bought a flat in 2002. How should I get the mutation done? Is there any legal firm that deals that does mutation?

P. Das

You have to apply to the CMC for mutation. We cannot suggest any specific names but you can get in touch with any lawyer dealing with property and corporation matters.

I had bought a flat in a complex in Calcutta. The association has drawn up a rule charging 50 per cent more for maintenance (almost Rs 7,200 extra per year) from owners who let out their flats. Is this legal? Can a non-government body like a building association impose such a tax on a flat-owner?

Indranil Bera

No, the association cannot charge the extra amount as tax. It is not clear, though, why the association is charging 50 per cent more.

I am planning to buy a flat. What should I keep in mind before and after I make the purchase?


Check the track record of the developer first followed by all legal documents relating to the plot where the building/complex is to come up. Consult a lawyer before entering into any agreement. Adequate penalty and a forfeiture clause need to be built into the contract with the developer to save you from any harassment if there is any delay. Weed out any escalation clause from the contract.

When the flat is ready, ask for the completion certificate before moving in. Do not make the final payment till the flat is registered. Do not delay in get the mutation done.

Send your queries to or mail them to

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

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