I bought a flat in Dhakuria in 2003 under an unregistered agreement dated 10.9.2002, where the promoters (two partners) and one of the two landlords had signed the agreement of sale. One of the landlords is an NRI and he has given the power of attorney to the other person.

The sale agreement clearly mentions that registration will be done after the flat is ready. The promoters gave me the possession letter in April 2003 immediately after we cleared our dues, and we started staying in the flat. But now, the landlords are not willing to register the flat. The promoters are apparently trying to solve the matter but the landlords are cheating them as well.

The agreement between the landlords and the promoters is also unregistered. How can we register our flat and get the mutation done in these circumstances? Which authorities should we contact? Is there any legal recourse we can take?

A. Chowdhury, Dhakuria

Registration is not possible without the promoters’ signatures. In case they are not willing to sign, you may file a suit for specific performance (deviating from contract) in court, which may confer authority to someone making him eligible to sign on behalf of the promoters.

Since it is evident that the landlord is not honouring the agreement, you can also move a consumer court or an authority under the Promoters’ Act.

The registration is done by the registrar of assurance.

Mutation can be done irrespective of registration and on the basis of the agreement of sale. You should get the mutation done at the earliest.

I want to build two rooms for my family to stay on an agricultural plot. But the block land revenue officer (BLRO) of the block development office in Thakurpukur, Maheshtala Circle, South 24-Parganas, has refused to give permission to convert the agricultural land into homestead land. What should I do?

John Tham, Thakurpukur

Conversion of land is a very complex issue in Bengal. If the BLRO refuses to mutate the land, there isn’t much you can do except file a case. You can look up the Land Use and Development Control Plan of the Calcutta Metropolitan Development Authority to check how the land has been described. If it is described as a land for residential purpose, you have a strong case. The plan is a public document.

Send your queries to propertt@abpmail.com or mail them to

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