LAW BOOK

HT Estates - - HTESTATES - Sunil Tyagi

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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