HT Estates - - HTESTATES - Su­nil Tyagi

My son is 12 years of age. I want to pur­chase a prop­erty in his name. Can I do the same? What pre­cau­tions should I take be­fore go­ing for­ward?

—Vikram Kapoor There is no le­gal im­ped­i­ment in pur­chas­ing and reg­is­ter­ing prop­erty in the name of a mi­nor. But since mi­nors have no con­trac­tual ca­pac­ity, the doc­u­ments for pur­chase of prop­erty in your son’s name should be signed by you as his guardian on his be­half. How­ever, if in fu­ture you in­tend to sell this prop­erty be­fore your son at­tains the age of a ma­jor, then you have to seek prior per­mis­sion from the court.

The lease of my rented apart­ment of which I am a lessee ex­pired a month ago. How­ever, my land­lord is not re­turn­ing my se­cu­rity de­posit. I do not wish to va­cate the apart­ment un­til my land­lord re­turns my se­cu­rity de­posit. Is this legally al­lowed?

—Ro­hit Chawla Upon ter­mi­na­tion of lease, a ten­ant is sup­posed to hand over the prop­erty back to the owner and non re­fund of se­cu­rity de­posit by owner can­not be taken as a ground by the ten­ant for re­tain­ing pos­ses­sion of prop­erty. Ad­di­tion­ally, re­tain­ing/hold­ing over prop­erty after ex­piry of term of lease may ren­der you li­able for pay­ment of rent. Hence, as a ten­ant, you have a rem­edy to approach the court against your land­lord and file a suit for re­cov­ery of money. How­ever, this is fur­ther sub­ject to the terms of your lease doc­u­ment.

Our res­i­den­tial home in Delhi was ear­lier in my fa­ther’s name and after his death my mother be­came the sole owner of our res­i­den­tial home. My mother died last month and through her will, she be­queathed the res­i­den­tial home in my favour. Now, how do I get the res­i­den­tial home mu­tated in my name in the records of mu­nic­i­pal au­thor­i­ties? Just to clar­ify, I am the only child of my par­ents.

—Ankit Jain To get the prop­erty mu­tated in your name, you need to ap­ply to the mu­nic­i­pal author­ity by fill­ing the re­quired form/ap­pli­ca­tion and sub­mit­ting req­ui­site doc­u­ments such as mother’s death cer­tifi­cate, ti­tle doc­u­ment in favour of mother, copy of will, up­dated prop­erty tax re­ceipts, af­fi­davit, in­dem­nity bond etc along with ap­pli­ca­ble fees. It is ad­vis­able that you contact the con­cerned author­ity for seek­ing all de­tails or hire ser­vices of a pro­fes­sional in this re­gard.

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@hin­dus­tan­ or


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