I have executed a sale deed under which I have purchased two properties which are located in two different districts. Where should I get the document registered?
—Rajesh Julka As the sale deed relates to more than one immovable property, all of which are located in different subdistricts, you may get the sale deed registered in either of the two districts/sub-districts. I had entered into a lease deed last year. Certain disputes have now arisen with the tenant. However, the tenant contends that the document shall not be admissible in evidence in the courts as it has not been registered. Is that correct?
—Mithilesh If the term of the lease exceeds 11 months, such a lease deed shall require compulsory registration. If this is the case, the lease deed shall not be admissible in evidence if it is an unregistered document. However, it may be admissible in evidence for collateral purposes. I had recently entered into an agreement to sell for buying a plot and had also paid 20% of the total sale price at the time. I am not keen to purchase the plot anymore. However, the seller informs me that the part payment made by me will stand forfeited. Can the seller forfeit such a hefty amount?
—Harish Tiwari If the payment has been made by you merely as advance/part payment of the total sale price, then the seller is not entitled to forfeit such part payment. However, if the part payment of purchase price (ie earnest money) has been given as a guarantee by you for the due performance of your obligations contained in the agreement to sell, the seller may be entitled to forfeit the earnest money if the terms of the agreement to sell contains a provision on such forfeiture by the seller. Last year, one of my relatives gifted a property in the name of my minor child. Can I sell this property before my child attains majority? We are Hindus by religion.
—P K Gupta Under the Hindu Minority and Guardianship Act, 1956, being a natural guardian, you may transfer the property in question only for the evident benefit/advantage of the minor, and with the previous permission of the competent court. The court may permit transfer of this property on conditions that the court may deem fit to impose.