March 26, 2021

Indian & World Live Breaking News Coverage And Updates

Indian & World Live Breaking News Coverage And Updates

Encroachment of a car park

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Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I bought a flat from a developer and its cost included a covered car parking slot. While registering the construction agreement, the apartment’s plan and a plan of the car park was also registered. In the latter, a specific number was earmarked for the parking and the flat was handed over to me with these details. The flat remains unoccupied and, due to the pandemic, I did not visit it for the last year. When I recently paid a visit, I noticed that my car park has been converted into two areas that have been sold to a new owner. The site manager is offering me another car park which is not acceptable to me. How do I proceed? Can place a police complaint against the builder and the current occupier? Will TNRERA be helpful?

Visakamurthysanthanam

Chennai

If the earmarked car parking slot is allotted to you under the document, you will have a right over the same and no other person will be entitled to sell, convey or transfer it without your consent. If the project has been registered under RERA, you can file a complaint before the authority constituted under the Act. Else, you can approach the consumer redressal forum.

I am planning to buy a house in Noombal, Chennai. The total plot size is 1,400 sq.ft. and the builder has constructed two individual houses on this land. I plan to buy one of these houses (700 sq.ft.). As per the patta, the total land size is 1,076 sq. ft. but as per the latest Field Measurement Book (FMB) sketch, it measures 1,400 sq.ft. The builder says that if I were to purchase this house, the patta will be as per the latest FMB sketch. Do you suggest I go ahead with the deal? Will I get a patta for 700 sq.ft. or do I need to ask the builder to make the necessary changes in the current patta?

Sundarram

Chennai

If the current patta is erroneous, the same has to be corrected in the name of the present owner. The process would be to survey the land, compare the same with FMB sketch and come to a conclusion as to the correct extent of land. If two houses are built on a single approval, each of the buyers would only get an undivided share of land and not a defined extent of 700 sq.ft., as stated in your query. Both house owners can jointly get a patta for the actual extent of land as per survey report.



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