My mother has gifted me a house. The deed has been registered in my name. One of my close relatives used to stay in a portion of the house. He left about two-and-a-half years ago, leaving the portion under lock and key. The portion needs immediate repair. What should I do?

Ujjwal Ganguly

You should get in touch with your relative and seek his consent before opening the portion. But if he does not co-operate, you can break the lock. But inform your local police station.

I have bought a flat in Calcutta. The builder has been paid the full amount but the registration is yet to be done. The builder has taken Rs 65,000 as service tax for the registration. I came to know from a newspaper that a builder cannot legally demand such a tax? Is it true? How do I get back the amount from the builder?

Name withheld

Builders cannot charge you service tax. If there is any money that remains to be paid to the promoter, you can adjust the amount (Rs 65,000) against that.

You can also file a police complaint against the promoter or consult a lawyer.

If the promoter is not willing to do the needful for the registration of your flat, you can file a suit for specific performance (deviating from contract). The court may then confer the authority on someone, making him eligible to register the property on behalf of the promoter.

I have bought a flat in a highrise on EM Bypass. The area the promoter has allotted as parking space to flat owners is less than that specified by the Calcutta Municipal Corporation. What is the minimum area a builder should allot for parking? Can he convert a pathway or a common area into parking space? Can he sell the firefighting platform to a flat owner?

Chhaya Devi

The minimum area a promoter should provide as parking space is 120sqft. But in some cases, a promoter might not allot the exact area because of the building’s allignment. But it should be enough to accommodate a car.

He cannot convert the pathway or a common area into parking space unless the CMC has approved the plan. Ask your promoter for the plan.

If the firefighting platform is built for the entire building, he cannot sell it to any flat owner.

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

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