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shobhit   10 October 2016

Regarding purchase of part of property

i bought a part of property (second floor in a 4 storey building)  in which im not allowed to use back entrance  and washroom in the stilt parking, there is nuthing mentioned in the sale deed about the same, however the same has been mentioned in the collaboration agreeement which was in between builder and owner of the building and which is unregistered, can i go to the court of law to exercise my right in this case.



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 6 Replies

Kumar Doab (FIN)     10 October 2016

Prefer to show the said agreement to you very able counsel.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     10 October 2016

Well if the original owner did not have the right in ther first place, the question of him transfgerring the same to you does not arise. However you could claim the said right on account of easementary benefit as a whole.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

shobhit   10 October 2016

dear sir 

thanks for your valuabe reply, i would furtehr like to add that the absolute owner of the plot collaborated with a builder for construction of the building in lieu of which i owner sold the second floor to the builder and further the builder to us, so currently the builder is out of picture and we on the second floor and rest 3 floors are with owner.

 

thank you.

Kumar Doab (FIN)     10 October 2016

If builder was allowed to use back entrance  and washroom in the stilt parking, then why not you.

shobhit   10 October 2016

no the builder was not.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     10 October 2016

Since not worded in yr Agreement, you can proceed in Court for your right

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