I want to purchase the ground floor of a two-storey property which in its entirety was jointly inherited by two siblings. The siblings’ families reside on separate floors of this property. The owner who lives on the first floor is unwilling to join in the execution of the sale deed of the ground floor in my favour. What do I do?
—Sonakshi Jha Since the property is jointly owned by two individuals, each individual has undivided share in the entire property which is not identifiable by metes and bounds, even though currently each individual may actually be residing on separate floors. Since you are planning to purchase only the ground floor, the sale deed in your favour for this specific portion of the property is required to be executed by both the owners, given that they both have joint and undivided share in the ground floor. However, in case the joint owner who is occupying the first floor is unwilling to execute the sale deed in your favour in respect of his undivided ownership in the ground floor, the next suitable alternative is to purchase the ground floor after the entire property has been partitioned by metes and bounds. What is the applicable stamp duty rate and registration fee on sale deed of a property purchased by a woman in Delhi?
—Snighdha Gupta In Delhi, duty rate payable on sale deed/conveyance deed of an immovable property which is purchased by a woman or in favour of a woman is 4% (out of which 2% is towards stamp duty and 2% is towards corporation tax). Currently, registration fee for sale deed/conveyance deed of an immovable property in Delhi is one percent of the consideration amount set out in the document or of the value calculated as per prevailing circle rates – whichever amount is higher, and subject to a minimum fee of ` 1,000. I am a Hindu male and own certain coparcenary properties. Can I write a Will for setting out succession of such coparcenary properties?
—Shobhit Kumar Yes, you may make a testamentary disposition of your own undivided share in the coparcenary / ancestral property under your Will. The author is senior partner, ZEUS Law Associates. If you have any query, email us at htestates@hindustantimes. com