LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

Are the stamp duty im­pli­ca­tions dif­fer­ent if I pur­chase an im­mov­able prop­erty in Delhi ei­ther by my­self, or jointly with my hus­band?

— Su­nita Kapoor For an im­mov­able prop­erty sit­u­ated in Delhi, stamp duty rate (in­clud­ing cor­po­ra­tion tax) on prop­erty pur­chased in the name of a fe­male buyer is 4%. How­ever, if the prop­erty is pur­chased by you and your hus­band jointly, stamp duty rate (in­clud­ing cor­po­ra­tion tax) on the sale deed/con­veyance deed will be 5%. My fa­ther, an In­dian cit­i­zen, is the owner of agri­cul­tural land in In­dia. Be­ing an NRI, are there any re­stric­tions on my sub­se­quent in­her­i­tance of agri­cul­tural land in In­dia?

—Nitin Mal­ho­tra As an NRI, you may ac­quire agri­cul­tural land/plan­ta­tion prop­erty/farm­house prop­erty in In­dia by way of in­her­i­tance, pro­vided your fa­ther had ac­quired such prop­erty in ac­cor­dance with the pro­vi­sions of for­eign ex­change reg­u­la­tions in force. 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 self-ac­quired 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. I have taken up a flat on lease for a term of five years. At the time of com­mence­ment of lease, it was mu­tu­ally agreed that the rent would be the same for the first two years of the lease term. Although only one year has passed, the land­lord has sent me a no­tice re­gard­ing es­ca­la­tion of rent by 5%. Can he do so?

—Ro­hit Ran­jan From the facts pro­vided, the terms of the lease deed with re­spect to es­ca­la­tion of rent are not clear. In case the lease deed ex­plic­itly states that rent for the prop­erty shall not be li­able to be in­creased for the first two years of the lease term, the lessor would not be en­ti­tled to uni­lat­er­ally in­crease the rent, un­less both par­ties agree to such es­ca­la­tion of rent in writ­ing. 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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