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Since 1st March, 1999
 
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Q & A

I am buying a cooperative flat, which I shall occupy very soon. After that, I wish to transfer the ownership to my daughter and/or son-in-law. Is that possible? If it is, what is the procedure?

Kalyan Ghosh, Park Street, Calcutta

You can make a will handing over the ownership after your death. You can also name them as nominees in the book of the cooperative society.

How can an “illegal” building be legalised? Where can I get information on this?

Shabiha Siddiqua, on email

Municipalities and corporations have the right to declare a building illegal. It is generally done when a building deviates substantially from the plan sanctioned by them. You have to approach the civic authority concerned and seek its advice. You can consult a civil engineer before that.

I have chosen to buy a flat, which is built on a leasehold land. What is the difference between leasehold property and freehold property? Should I buy a leasehold property? Does it cost less? What will happen after the lease expires?

Rajan Advani Park Lane, Calcutta

A leasehold property is one where the buyer gets the right to occupy a land or construct a building for a given length of time. Until the end of the lease period, which generally is long — stretching to as far as 99 years — the leaseholder will be the assured tenant.
On the contrary, the owner of a freehold property has absolute right over it during his lifetime and it is passed on to his successor after that.
You can buy a flat on leasehold property with the understanding that you will never be the “owner” of the flat. Its price will be lower than that of freehold property.
The owner of the leasehold property will have the
discretion to extend the lease or terminate it. If he does not extend it, you have to move out.

Under which law is a promoter/developer liable to provide free repair?

Sanghamitra Banerjeee, on email

The West Bengal Building (Regulation of Promotion and Construction and Transfer by Promoters) Act, 1993, commonly known as the promoters’ act, specifies that a promoter has to provide free repair to the owner of a property till a year from the handover.


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

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

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