LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I had given my shop on lease for a rent of ₹ 10,000 per month for 11 months. The lease in re­spect of the shop ex­pired on June 10, 2013 and has not been re­newed. De­spite that, the ten­ant still con­tin­ues to oc­cupy the shop and re­fuses to va­cate the same. What reme­dies do I have against the ten­ant?

— San­deep Rao On ex­piry of the lease, the ten­ant is bound to hand over the pos­ses­sion of the premises back to the lessor. How­ever, if the ten­ant con­tin­ues to oc­cupy the premises with­out re­newal of lease or ap­proval from the land­lord, then you, as a land­lord, can ini­ti­ate ac­tion in the court of ap­pro­pri­ate ju­ris­dic­tion to evict such a ten­ant. Ad­di­tion­ally, you can also seek dam­ages for such unau­tho­rised oc­cu­pa­tion.

I booked an apart­ment in a res­i­den­tial tower in Gur­gaon. Pay­ment was made on the ba­sis of down pay­ment plan. As per the agree­ment, the builder was sup­posed to hand over the pos­ses­sion of the flat to me in Jan­uary 2014. I have duly made all pay­ments as per the terms of the agree­ment. How­ever, as the builder has not handed over pos­ses­sion, what are the reme­dies avail­able to me?

— Sau­rav Pande Nor­mally, penalty for de­lay in han­dover of pos­ses­sion of the flat is pro­vided in the agree­ment ex­e­cuted with the builder. You can ini­ti­ate cor­re­spon­dence with the builder for claim­ing penalty for the de­layed pe­riod. Fur­ther, you can also ini­ti­ate ac­tion against the builder in the ap­pro­pri­ate court for hand­ing over pos­ses­sion of the apart­ment.

I am buy­ing a res­i­den­tial prop­erty in Delhi. The seller is cur­rently re­sid­ing in the prop­erty. The con­sid­er­a­tion payable to the seller is ₹ 70 lakh. Do I need to deduct any TDS (tax de­ducted at source) on such a trans­ac­tion?

—Bharat Katyal On trans­ac­tions re­lat­ing to trans­fer of im­move­able prop­erty [other than agri­cul­tural land (as de­fined in S 2(14) of In­come Tax Act] in­volv­ing con­sid­er­a­tion of more than ₹ 50 lakh, the pur­chaser is re­quired to deduct 1% of the con­sid­er­a­tion to­wards TDS on the to­tal con­sid­er­a­tion payable to the seller, that is 1% of ₹ 70 lakh in the present case and de­posit the same with the in­come tax depart­ment.

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

SHUT­TER­STOCK

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