The Telegraph
Wednesday , November 14 , 2012
Since 1st March, 1999
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Q: Last March, we had booked a holiday home in Benaras from Calcutta against cash payment. On reaching there, we found the accommodation below standard and had to seek an alternative one. Back in Calcutta, all my attempts to get a refund have failed. What can I do to get my money back?

Surya Sankar Basu, Calcutta

A: Usually bookings of holiday homes are made on the basis of standard form contracts wherein several terms and conditions are mentioned. According to the Indian Contract Act, a contract remains valid if the parties are not misinformed about the subject matter. So you cannot challenge the contract on a later date on the ground of inferior quality unless the contract contains a clause for the refund of the amount on that ground.


Q:I had booked a flat along with an open-air space as a car park. The draft deed of conveyance says that the flat is being sold to me “together with the right to use one open air car parking space measuring...” In case I sell the flat, can I sell this space too?

Lily Chakraborty, Calcutta

A: If the sale deed had stated that the flat is being sold “together with one open air car parking space measuring...”, your ownership of the space would be absolute and not limited as it is now. Currently you have only common user rights over that space. The right to use the space would be transferred if you sell or transfer the flat. You cannot sell the space separately.


Q:My invalid brother, sister and I have inherited our father’s three-storeyed building. Our sister, who got the ground floor, wants to sell her share to a third party. Do I have any legal right to object to the sale of the flat?

Kaushal Kishore, via email

A: You have not stated whether there has been any partition deed between you and your siblings demarcating the separate portions owned by each of you. In the absence of such a deed, each of you will have equal share in the property. In that case you can object to your sister selling her right, title and interest in the property and seek an injunction from a civil court against her doing so. Even if your father had willed the floors separately to the three of you and probate has been acquired, you can object to the sale on the grounds of pre-emption.