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 firstname.lastname@example.org or email@example.com