LAW BOOK

HT Estates - - HTESTATES - Sunil Tyagi

I am plan­ning to take a flat on lease in Ghazi­abad. Is one re­quired to pay stamp duty on se­cu­rity de­posit? Should the land­lord be li­able to pay this amount?

—Su­man Gupta Un­der the Ut­tar Pradesh Stamp Act, 2008, stamp duty in a trans­ac­tion of lease of im­mov­able property is re­quired to be paid on the amount of se­cu­rity de­posit too. Un­less both lessee and lessor have agreed to a dif­fer­ent ar­range­ment in the lease deed, as lessee, it would be your re­spon­si­bil­ity to pay stamp duty ap­pli­ca­ble on lease deed. I am the sole and ab­so­lute owner of a plot. I plan to sell three-fourths area of the plot to my brother, and to con­tinue hav­ing own­er­ship of the re­main­ing area. Am I re­quired to hand over the en­tire chain of orig­i­nal ti­tle deeds to my brother?

—Sid­dhart Dutta As you plan to re­tain your own­er­ship in a por­tion of this property, you shall be en­ti­tled to re­tain pos­ses­sion of the chain of orig­i­nal ti­tle deeds of the en­tire property. Un­der the mixed use norms in Delhi, can I open both a shop and a small of­fice in my res­i­den­tial property?

—Tarun Mal­ho­tra Un­der the pro­vi­sions of the Mas­ter Plan of Delhi 2021, only one kind of mixed use ac­tiv­ity is per­mit­ted in one dwelling unit at any given point in time. Hence, it shall not be per­mis­si­ble for you to open both a shop as well as of­fice from the dwelling unit. We are a Hindu fam­ily with my mother and sis­ter. My fa­ther died with­out mak­ing a will. Dur­ing his life­time, my fa­ther pur­chased a house out of his own funds. Af­ter my fa­ther’s demise, his brother is claim­ing a share in the said house. Can my fa­ther’s brother claim any share in the house?

—Shekhar Sharma Since the said house was pur­chased by your fa­ther out of his own funds, this was his self-ac­quired property. As per Hindu Suc­ces­sion Act, 1882, you, your mother and your sis­ter are class I le­gal heirs, and in the ab­sence of any will by your fa­ther, each one of you will get one third share in the said house and other self­ac­quired prop­er­ties of your fa­ther.

Your fa­ther’s brother be­ing a class II le­gal heir has no right in the said house or other self-ac­quired prop­er­ties of your fa­ther. 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. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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