LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

My fa­ther pur­chased a house with his own in­come. He died in­tes­tate. My mother had pre­de­ceased my fa­ther. Be­ing his only child, I in­her­ited this house. Can my chil­dren claim any rights in this in­her­ited prop­erty?

Ra­jesh Bhutala As the prop­erty in­her­ited by you was pur­chased by your fa­ther through his own in­come, the prop­erty is your in­di­vid­ual prop­erty and your chil­dren can­not claim any right. You may deal with the prop­erty at your dis­cre­tion. I am the orig­i­nal al­lot­tee of a flat in an un­der-con­struc­tion project. I have al­ready paid a sig­nif­i­cant amount by way of de­posits and charges to the de­vel­oper. I now want to trans­fer my al­lot­ment to another in­di­vid­ual. Will these de­posits and charges be re­funded?

—Nan­dan Chawla Once the de­vel­oper ap­proves the trans­fer of al­lot­ment in favour of your nom­i­nee, gen­er­ally and as per pre­vail­ing mar­ket prac­tices, de­posits and charges which are paid by you up to the date of trans­fer of al­lot­ment, shall stand trans­ferred into the ac­count of the nom­i­nee in­stead of be­ing re­funded to you. This is so be­cause the nom­i­nee shall step into your shoes as the in­tend­ing buyer. Hence, you may take this amount into ac­count when de­ter­min­ing the price payable to you by the nom­i­nee. I and my sib­lings jointly in­her­ited a prop­erty from my mother. Due to cer­tain dif­fer­ences, I now wish to sep­a­rate. As our in­her­i­tance of prop­erty was over a decade ago, will my suit for par­ti­tion be time-barred?

—Smita Sharma As a co-owner, your right to sue for par­ti­tion is con­tin­u­ing in na­ture (ie it is not time-barred). Hence, you may de­mand iden­ti­fi­ca­tion and sep­a­ra­tion of your share in the prop­erty, at any time.

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