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 email@example.com