Fixing maintenance charges

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

In 1988, my mother sold her immovable property to Mr A. The sale deed clearly mentioned 1 ground and 215 sq.ft., (i.e., 2615 sq.ft.) and stated the common way of 372 sq.ft., giving permission to use it as a pathway (as easement right). The encumbrance certificate also shows the same. But Mr A is sold to his property to Mr B in 2018 and that sale deed shows 2,987 sq.ft. instead of 2,615 sq.ft. — which means he is including the common way in the sale deed, and that Mr A’s patta is incorrect. Please clarify.

V.Govindaram

Chennai

The recitals in both the documents have to be looked into to answer your query comprehensively. In any case, A can sell only what he holds and any additional extent sold by him will not form part of a valid conveyance.

The Patta for the passage portion has to be issued in the joint names of both the owners if the right over passage was conveyed under the 1988 Sale Deed. If Patta is erroneously issued to the present adjacent owner, you can make an application to the Tahsildar concerned by enclosing copies of the relevant documents seeking necessary corrections in the revenue records and reissue the Patta in the proper form.

I have purchased a piece of land measuring 2,400 sq.ft. at OMR that holds 409 plots of different sizes (600,1200,1800 and 2,400 sq.ft.). About 70 owners have constructed 6BHK, 5BHK,2BHK homes. I recently constructed four 2BHK units and I have decided to lease them out.

The Association formed by 40 residents is charging monthly maintenance of ₹1 per sq.ft. and ₹1,000 per kitchen. In my case, the kitchen will not be of much use as the homes are being rented out to bachelors, and I feel it is unfair for me to pay additional maintenance towards the kitchen charges. The Association continues to pass invalid resolutions; adding to which, of the 409 owners, only 40-50 attend the meeting. How do I proceed?

Prabha

Chennai

If the kitchen is part of your approved plan and exists in your building, the same has to be treated as kitchen for the purpose of paying maintenance, whether used or not. The Association is entitled to take decisions in respect of common area maintenance within the frame work of its bye-laws.

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