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Builders cannot sell any space or area which has not consumed floor space index (FSI) and this includes open parking space. This principle has been upheld by the Supreme Court in the case of a Mumbai-based Society,Panchali Cooperative Housing Society Ltd. You should not agree to pay but if the builder insists,ask him to execute and register an agreement for the parking as a precondition for payment,which he will never do .

I had taken a loan from a nationalised bank and given my flat as collateral. I have now repaid the loan and when I went to collect my original agreement,the bank told me that the originals have been destroyed due to flooding in the godown where they were stored.What should I do now and what is more important,is my property safe?

Jitendra Shah,Ahmedabad.

You must take a certificate from the bank that you have repaid the loan in full and another one confirming that the original was misplaced by them,not you. Also get them to file an FIR intimating the loss of documents. Please contact a lawyer and have a public notice issued informing the public about the loss of documents and inviting claims if any. Obtain a certificate from the lawyer after the claim period has expired,that no claims were received. Finally,obtain a certified copy of the agreement from the Sub- Registrars office. You may face some resistance from the bank,but you should insist that they do this and bear all costs.

I have a tenancy flat in Girgaum. As I am 72 years old,I want to make a will and leave the flat to my wife.Is this possible ?

Rajaram Patil,Mumbai.

Under the provisions of the Maharashtra Rent Control Act,1999,it is not permissible for you to bequeath the flat to your wife. However,your wife would be entitled to be recognized as a tenant in your place after your demise if she resides with you in the same house at that time. This should take care of your fears.

I own a plot of land in NOIDA. I have one son and one daughter. The price has increased and my plot is worth Rs 1 crore today. My son wants me to sell the plot and give him the money as he has suffered loss in business but I am not keen to do that. Please advise.

Albert D’Souza,Delhi.

I advise you to make and register a will immediately and state whom you wish to leave the plot to. Your son has no legal right to the plot as of today and cannot demand any share. He wont get anything unless you decide to give him something of your own free will.

Vinay Singh is a Mumbai based CA,and real estate expert.

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