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Flower (Team Lead)     05 October 2013

Need urgent advise please - is house plan document enough?

Hi all,


My lawyer will come back only on Monday and I need some urgent advice... PLEASE...


Long story short -

Ground floor is for us. 1st floor is bought by some people from my relative. The land is a UDS land. When we built the house with my relative, he asked for car parking area in ground floor. But I said, if I give you a car parking slot then we will need an equal amount of land to be given in the first floor which we will use as a store room. They agreed and designed the house plan as per that.

However, as days passed by they said the person who they are selling the 1st floor to, is not in need of a car parking. So, we said OK then we will take the whole of ground floor and we don't need a store room in 1st floor.

Now the problem is,

1. The Plan document says Car Parking should be shared between ground floor and 1st floor owners. PLUS, the ground floor owner (me) will get a store room in 1st floor for the same sq.ft. area like the parking slot.

2. BUT, the legal document signed by me and my relative does NOT say that the ground floor owner should be given a place in 1st floor. However, it does say that the car parking should be shared.
 This is my fault that I did not get the legal document updated.

Today, the 1st floor owners (buyers) came to me with a high-court lawyer's consultation letter saying that we should give them the place for car parking. I said no I cannot give because its agreed that we will take the whole ground floor and you will take the whole first floor. Also they did not give us a store room in 1st floor so the car parking belongs to us and cannot be shared.

We have the proof in plan document. But they say, in legal document it is not mentioned and Plan document is not valid. Only legal document is valid.

I am not worried. What can I do? I have an appointment with my lawyer on Monday but cannot wait until then really.... :(

If I go to court will my case win? The only proof (my plan document) that says

"car parking should be shared and one store room should be given for me"

The legal document says

"Car parking should be shared" that is also and no mention about giving me a store room in 1st floor"

Whats your suggestion?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

Plans are not legal document, go by the title document to have your claim.


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