I had given my flat on lease for a period of three years. The lease term had expired three months ago, yet due to the tenant’s personal circumstances, I agreed to his continuing to stay on in the flat subject to full payment of rent. As we have not executed a fresh lease deed, how should I terminate this arrangement?
- Mahendra Kumar As you have accepted rent from the tenant, he/she is a lawful occupant in your premises. You are first required to give a notice for termination of the ongoing tenancy. In case the tenant fails to vacate the premises beyond the termination notice period, you can file a suit of eviction in a competent court.
My brother and I had inherited my father’s two-storey property. My father has not left a will. My brother’s family stays on the ground floor and my family stays on the first floor. If I decide to construct a third floor in the near future, would I have full ownership rights over it?
- Harshvardhan S Simply residing on the second floor will not automatically grant construction and ownership rights over the proposed third foor. In case no family settlement/partition deed is entered into for demarcation of ownership of specific portions of the inherited property, both you and your brother would have ownership of an equal and undivided interest in the third floor also, as and when it is constructed.
I plan to transfer the allotment of an under-construction flat (initially booked in my name) in favour of a relative. The developer has informed me that the transfer of allotment would be subject to payment of transfer charge. I want to know if these charges are prescribed under law?
- Suresh Jain There is no fixed quantum or uniform method for calculation of transfer charge as it is not prescribed under any legislation. These charges are administrative in nature and as a market practice, usually levied by a developer on a per square foot basis in case of transfer of allotment.
The author is a senior partner at Zeus Law, a corporate commercial law firm. One of its areas of specialisations is real estate transactional and litigation work.
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