LAW BOOK

Hindustan Times (Chandigarh) - Estates - - FRONT PAGE - Su­nil Tyagi

I had given my shop on lease for a rent of ` 10,000 per month for 11 months. The lease in re­spect of the shop ex­pired on June 10, 2013 and has not been re­newed. De­spite that, the ten­ant still con­tin­ues to oc­cupy the shop and re­fuses to va­cate the same. What reme­dies do I have against the ten­ant?

—San­deep Rao On ex­piry of the lease, the ten­ant is bound to hand over the pos­ses­sion of the premises back to the lessor. How­ever, if the ten­ant con­tin­ues to oc­cupy the premises with­out re­newal of lease or ap­proval from the land­lord, then you, as a land­lord, can ini­ti­ate ac­tion in the court of ap­pro­pri­ate ju­ris­dic­tion to evict such a ten­ant.

Ad­di­tion­ally, you can also seek da­m­ages for such unau­tho­rised -oc­cu­pa­tion. I booked an apart­ment in a res­i­den­tial tower in Gur­gaon. Pay­ment was made on the ba­sis of down pay­ment plan. As per the agree­ment, the builder was sup­posed to hand over the pos­ses­sion of the flat to me in Jan­uary 2014. I have duly made all pay­ments as per the terms of the agree­ment. How­ever, as the builder has not handed over pos­ses­sion, what are the reme­dies avail­able to me?

— Sau­rav Pande Nor­mally, penalty for de­lay in han­dover of pos­ses­sion of the flat is pro­vided in the agree­ment ex­e­cuted with the builder. You can ini­ti­ate cor­re­spon­dence with the builder for claim­ing penalty for the de­layed pe­riod. Fur­ther, you can also ini­ti­ate ac­tion against the builder in the ap­pro­pri­ate court for hand­ing over pos­ses­sion of the apart­ment. I am buy­ing a res­i­den­tial -prop­erty in Delhi. The seller is cur­rently re­sid­ing in the prop­erty. The con­sid­er­a­tion payable to the seller is ` 70 lakh. Do I need to deduct any TDS (tax de­ducted at source) on such a trans­ac­tion?

—Bharat Katyal On trans­ac­tions re­lat­ing to trans­fer of im­move­able prop­erty [other than agri­cul­tural land (as de­fined in S 2(14) of In­come Tax Act] in­volv­ing con­sid­er­a­tion of more than ` 50 lakh, the pur­chaser is re­quired to deduct 1% of the con­sid­er­a­tion to­wards TDS on the to­tal con­sid­er­a­tion payable to the seller, that is 1% of ` 70 lakh in the present case and de­posit the same with the in­come tax depart­ment.

You need not worry. Gen­er­ally, old build­ings which were oc­cu­pied by other peo­ple have un­der­ly­ing neg­a­tive en­er­gies. You should get in touch with a pro­fes­sional vaastu con­sul­tant to get th­ese in­flu­ences re­moved. Neg­a­tive en­ergy can eas­ily be con­verted to pos­i­tive en­ergy. I have a prop­erty which I -pur­chased en­tirely out of my own funds. Over the years, I have -ex­e­cuted wills on three sep­a­rate oc­ca­sions to make changes re­gard­ing in­her­i­tance of this prop­erty. All th­ese wills were also regis­tered. Would mak­ing any fur­ther changes to my will neg­a­tively af­fect the in­her­i­tance in any man­ner? —Ab­hay Bhaskar

A will may be re­vised any num­ber of times and to any ex­tent dur­ing one’s lifetime. In your lat­est will, you may clearly state that it is your in­ten­tion that the new will should su­per­sede and nul­lify any/all wills pre­vi­ously ex­e­cuted by you. My brother and I are plan­ning to invest in a fully con­structed res­i­den­tial prop­erty. My brother will pur­chase the ground floor and I will pur­chase the first floor and ter­race area. Who will have the right to keep ti­tle doc­u­ments of the en­tire prop­erty?

- Saroj Sharma

The buyer who is pur­chas­ing the por­tion hav­ing greater value will be en­ti­tled to re­ceive chain of ti­tle doc­u­ments of the en­tire prop­erty.

The au­thor is a se­nior -part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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