LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

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.

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