Q: Our condominium comprises 1,875 flats. We have been denied mutation by the municipal corporation because the promoter-cum-builder has allegedly constructed the complex on vested land. Hence, even after seven years, no property tax could be paid. What legal action can we take against the promoter-cum-builder to get past the impasse?
Sujit Ghose, via e-mail

A: First and foremost, you need to collect documents that bear evidence that it is vested land. It is surprising that the corporation could have sanctioned the building plan on such a piece of land. Conduct a search at the block land revenue office and get the relevant documents on the property. You may also apply under the provisions of the Right to Information Act and seek documents on the basis of which the municipal corporation granted the sanction plan and completion certificate. In the meantime, you could send the builder a legal notice demanding an explanation to the point raised by the corporation. Once you have all the information, you may file a writ application in the high court seeking a direction upon the corporation to mutate the flats. You could create a fresh cause of action and also file a suit against your builder seeking compensation for the mental agony suffered by you.

Q: Nowadays building plans are being sanctioned on thika tenancy land and promoters are constructing flats on them. Do promoters or the original occupiers of such land have the right to sell them? After buying a flat on such land, will the buyer remain a thika tenant or will he be the owner?
A.K. Gupta, via email

A: Promoters do not have the right to sell such properties. In fact, the thika tenancy laws in West Bengal prohibit the transfer of land except among heirs and co-sharers, that too with the prior permission of the thika controller. 

Q: What is the standard procedure for calculating super built-up area of a flat in Calcutta? Most promoters, I realise, are first mentioning the super built-up area and then back-calculating for the carpet area. Kindly explain the procedure.
Indranil Nag, via email

A: Carpet area is the area inside the flat. The super built-up area includes the thickness of the walls of the flat and generally 15-20 per cent of common areas such as staircases, lift, pump room, electrical room, entrance, etc. 

Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features), 
6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in