LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My sib­lings and I have in­her­ited a house from my mother who died in­tes­tate re­cently. Are there any stamp duty im­pli­ca­tions on our in­her­i­tance?

— Sabina Singh Since your mother died in­tes­tate, you and your sib­lings have each in­her­ited equal and un­di­vided share in this house. Till such time you and your sib­lings con­tinue hav­ing own­er­ship of this jointly-owned prop­erty, no stamp duty im­pli­ca­tions would arise by merely hav­ing in­her­ited this house. How­ever, if you and your sib­lings de­cide to de­mar­cate each one’s own­er­ship by al­lo­cat­ing spe­cific por­tions of the house to each sib­ling by ex­e­cut­ing a par­ti­tion deed of the in­her­ited prop­erty, the ap­pro­pri­ate stamp duty has to be paid on such par­ti­tion deed. The ten­ant of my prop­erty is over­stay­ing de­spite the fact that the lease term ex­pired some weeks ago. I have given him nu­mer­ous notices, ask­ing him to va­cate but to no avail. What should I do?

— Pulkit Ku­mar De­spite the fact that your ten­ant has not va­cated the prop­erty even af­ter ex­pi­ra­tion of the lease term and the no­tice pe­riod, you can­not force­fully evict the ten­ant. How­ever, the way out for you is that you can seek evic­tion of the ten­ant by fil­ing an evic­tion suit in the com­pe­tent civil court hav­ing ju­ris­dic­tion over the place where your prop­erty is lo­cated. My par­ents, sib­lings and I had all en­tered into a fam­ily ar­range­ment in 2001. We am­i­ca­bly re­solved all our dis­putes and ar­rived at a set­tle­ment re­gard­ing the dis­tri­bu­tion of var­i­ous prop­er­ties held by our fam­ily mem­bers. Sub­se­quently, af­ter a few years, we de­cided to cap­ture and put down our un­der­stand­ing in writ­ing for the pur­pose of keep­ing it as a record. What is the va­lid­ity of this doc­u­ment? Is it le­gal and bind­ing?

—LK Grover In case the doc­u­ment in ques­tion merely serves to record the fam­ily set­tle­ment which was pre­vi­ously ar­rived at be­tween the par­ties and does not cre­ate any fresh rights and obli­ga­tions of the par­ties, then such a doc­u­ment will not re­quire to be reg­is­tered, and is valid even if un­reg­is­tered. How­ever, whether the doc­u­ment is a set­tle­ment which would re­quire reg­is­tra­tion or is only a record of a past set­tle­ment would de­pend on the na­ture of clauses con­tained. The owner of a prop­erty that I have taken on rent wants me to file prop­erty tax for it. Is fil­ing prop­erty tax the re­spon­si­bil­ity of the owner or the ten­ant?

—J L Tha­par Own­er­ship of an im­mov­able prop­erty comes at­tached with the owner’s re­spon­si­bil­ity to make pay­ment of cer­tain dues with re­spect to the prop­erty owned, such as prop­erty tax. It is the owner’s re­spon­si­bil­ity to make com­plete pay­ment of his prop­erty tax on time. How­ever, in case the lease deed ex­e­cuted be­tween you and the lessor con­tains a term that the prop­erty tax is to be paid by you for the du­ra­tion of the lease, then it will be your re­spon­si­bil­ity to make timely pay­ment of prop­erty tax. I am plan­ning to pur­chase an un­der-con­struc­tion flat in a res­i­den­tial project from the orig­i­nal al­lot­tee of the flat. What is the stamp duty payable?

- R Sid­dharth There is ab­so­lutely no stamp duty payable on a mere trans­fer of an al­lot­ment of the flat by the present al­lot­tee of the flat in your favour. The au­thor is Se­nior Part­ner at Zeus Law, 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 or ht@zeus.firm.in

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