Partition deed and car parking
Hi
In 2006 I bought an apartment (1132 Sq. Ft) in Kolkata with a covered car parking space of 120 Sq. Ft. for which I paid separately 60000 INR.
I had a Sale Deed first and afterwards I did Registrtion by paying the stamp duty.
In the Registration Document, even though it was clearly mentioned that I am buying 1132 Sq. Ft. flat and 120 Sq. Ft covered Car park, it was not mentioned in the Schedule section.
Now when finally all the owners have taken up residence, we decided to go in for a Partition Deed to finally own the Land on which the building is standing.
The lawyer who is doing it for us is refusing to include "120 Sq. Ft. Car Parking space on the ground floor of the building" against my name in the Partition Deed. He is saying that even though it is mention in the Registration Document, it is not specifically mentioned in the Schedule section of the Registration document.
My questions are -
(1)Is he right in doing ?
(2)If not, what kind of legal reference or precedence I can show him, so that he makes the appropriate changes
(3)If he is right, what are my legal options ?
(4)Also, if it is not mentioned in the partition deed, am I loosing my right to "120 Aq. Ft. Covered Car parking"
(5)Will the absence of the "120 Aq. Ft. Covered Car parking" in partition Deed create further legal hassle if I want to sell the flat along with car park in future
Thanks in advance.
Rgds
KS
Asked 10 years ago in Property Law
Thanks for your reply Mr Sethi. But the Supreme Court rullling came around Sep'2010. I bought the property in 2006. Sale Deed and Registration were done in 2006. So I can understand your point about not selling the property with the car parking in future. But am I diluting any of my rights because the sale is done in 2006 ?
Asked 10 years ago
So if I understand correctly from your answer, after the Supreme Court judgement, its immaterial whether the phrase "120 Sq Ft Covered Car Parking" is mentioned in the Partition Deed or not. As long as I have access to common parking space, my rights will be covered - Am I right in saying so?
In that case I will ask my lawyer who is working on the Partition Deed to go ahead and submit to the court. - waiting for your reply
Asked 10 years ago
Thanks for your help Ashish. But he (my lawyer) is doing it for all the other 10 residents ... that's why I am getting confused. And the reason he is giving is "its not mention in the Schedule" even though it is mentioned in the very second page of the same document.
Asked 10 years ago
Hi Ashish
Strangely yes - it is mentioned in all the other residents's schedule. But somehow it was not mentioned in my schedule, but is mentioned in clear English on the second page of the Registration document that they are giving me possession of 1132 Sqft of flat with 120 Sq.Ft of Car Parking. I suppose its a mistake and I missed it at that time.
Thats why I am asking these questions ...in fact the other residents have no problem if the lawyer includes it in the Partition Deed. They are willing to sign it. They had it mentioned in their portion of the Partition Deed.
Asked 10 years ago
Many thanks Ajay. Really appreciate your help.
Asked 10 years ago
