LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I pur­chased a lease­hold DDA flat in 2002 through a regis­tered Agree­ment to Sell. I have been us­ing the same as my res­i­dence. Now I want to get the same con­verted into free­hold. Is it pos­si­ble?

— Prab­hat You can get your flat con­verted from lease­hold to free­hold on the ba­sis of the re­cently mod­i­fied scheme of con­ver­sion is­sued by the DDA in April 2014. A prop­erty can be con­verted to free­hold if the agree­ment to sell/ gen­eral power of at­tor­ney in re­spect of which the prop­erty was pur­chased is regis­tered and such an agree­ment to sell/ gen­eral power of at­tor­ney was ex­e­cuted on or be­fore Oc­to­ber 10, 2011. Also, the prop­erty should have been con­structed be­fore 1992. Fur­ther, you need to com­ply with other guide­lines men­tioned in the mod­i­fied pol­icy of the DDA. I pur­chased a shop in Gur­gaon through a regis­tered sale deed. Now I want to gift it to my son. What is the stamp duty payable on the gift deed to be ex­e­cuted in favour of my son?

— Jatin Bose Re­cently, the Haryana gov­ern­ment has, through a no­ti­fi­ca­tion, re­mit­ted the stamp duty in whole, charge­able on in­stru­ments for trans­fer of prop­erty within the fam­ily to blood re­la­tions. Thus, no stamp duty is payable on the the gift deed to be ex­e­cuted in favour of your son. I have put my 3BHK flat on rent. At the time of tak­ing back pos­ses­sion, I dis­cov­ered that the ten­ant had de­mol­ished the wall be­tween two bed­rooms and has con­verted the two bed­rooms into a master bed­room. Can I ask the lessee to re­build the wall be­fore tak­ing pos­ses­sion of the flat? How do I en­sure that I get my flat back in its orig­i­nal con­di­tion?

— Sharad Kumar As per the pro­vi­sions of the ap­pli­ca­ble law, your ten­ant is li­able to re­store the prop­erty to its orig­i­nal con­di­tion at the time of hand­ing back pos­ses­sion of the flat. Thus, he s hould re­con­struct the walls to re­store the prop­erty in its orig­i­nal con­di­tion be­fore he hands over the prop­erty to you. How­ever, this is sub­ject to con­trary terms of the lease agree­ment, if any, ex­e­cuted be­tween the ten­ant and you. 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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