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Hindustan Times (Chandigarh) - Estates - - FRONT PAGE - SU­NIL TYAGI The au­thor is a se­nior part­ner, ZEUS Law As­so­ci­ates, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tion is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@ hin­dus­tan­times.com

I am a 45-year-old wo­man and have a 75-year-old neigh­bour. She has been liv­ing alone ever since her hus­band died last year. Although she is the owner of the flat she does not have a reg­u­lar source of in­come. She suf­fers from di­a­betes and other ail­ments and it is get­ting dif­fi­cult for her to sur­vive with­out any kind of as­sis­tance from any­one. We as neigh­bours do our bit for her but her sons who are well set­tled, live sep­a­rately and do not even visit or care for her. Is there any op­tion avail­able to her so that she may live com­fort­ably?

– Shikha Swarup

As she is a se­nior cit­i­zen, she can opt for a re­verse mort­gage of the prop­erty she owns whereby she shall re­ceive a reg­u­lar stream of in­come from a lender (a bank or a fi­nan­cial in­sti­tu­tion) against the mort­gage of her home/flat. She shall con­tinue to re­side in the prop­erty till the end of her life and re­ceive a pe­ri­odic pay­ment on it from the lender. Af­ter her demise, the bank will give an op­tion to her heirs to set­tle the loan along with ac­cu­mu­lated in­ter­est, with­out sale of prop­erty. If the heirs are un­able to set­tle the loan, the bank will opt to re­cover the same from the sale pro­ceeds of the prop­erty. Any ex­tra amount, af­ter set­tle­ment of the loan with ac­crued in­ter­est and ex­penses, through the sale of the prop­erty, will be passed on to the le­gal heirs.

My grand­fa­ther gifted his self ac­quired res­i­den­tial prop­erty to my fa­ther by ex­e­cut­ing an ir­rev­o­ca­ble gift deed in favour of my fa­ther. Would such a gift be con­sid­ered to be my fa­ther’s an­ces- tral prop­erty and do the other le­gal heirs of my grand­fa­ther have a share in the res­i­den­tial prop­erty gifted to me by my grand­fa­ther af­ter his demise?

– Sa­gar Mehta

As your fa­ther has ob­tained your grand­fa­ther’s prop­erty by way of a gift, it is not con­sid­ered as an an­ces­tral prop­erty. The other le­gal heirs do not have any right in the gifted prop­erty as the ab­so­lute own­er­ship of the prop­erty has been trans­ferred by your grand­fa­ther in favour of your fa­ther.

I have an in­de­pen­dent floor in Delhi that has been leased out. The ten­ant has now fur­ther leased the house to a third party with­out my knowl­edge or con­sent and claims that he is en­ti­tled to sub-let. Can a ten­ant sub­let the prop­erty given to him on lease with­out the con­sent of the lessor? – Tarun Raha

It is not clear whether the terms of your lease deed ex­pressly pro­hibit sub-let­ting of the leased premises by the lessee. If there is no ex­press pro­hi­bi­tion in the lease deed on sub-let­ting the whole/any part of the premises, the lessee is en­ti­tled to sub-let the leased premises. In case your lease deed pro­hibits, sub-let­ting then you can seek rem­edy for breach of terms and con­di­tions of the lease deed.

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