HT Estates - - HTESTATES - Su­nil Tyagi

- Piyush Sahdeva Be­fore fil­ing a suit in­volv­ing im­move­able prop­erty, two fac­tors have to be kept in mind. Firstly, the lo­ca­tion of the prop­erty to as­cer­tain the ter­ri­to­rial ju­ris­dic­tion and, se­condly, the value of prop­erty to as­cer­tain the pe­cu­niary ju­ris­dic­tion. On the ba­sis of ter­ri­to­rial and pe­cu­niary ju­ris­dic­tion, the ap­pro­pri­ate court is as­cer­tained. In Delhi, where im­move­able prop­erty is val­ued at ₹ 20 lakh or more, a suit for par­ti­tion is to be in­sti­tuted in the High Court of Delhi. And where value of im­move­able prop­erty is less than ₹ 20 lakh, the suit shall lie be­fore the dis­trict court under the ju­ris­dic­tion of which the im­move­able prop­erty is lo­cated. I live in Delhi in a three-storeyed joint fam­ily prop­erty with my two broth­ers. I wish to seek par­ti­tion of the im­move­able prop­erty. Which is the ap­pro­pri­ate court of law to in­sti­tute a suit for par­ti­tion?

I have taken a house on lease for a pe­riod of three years. How­ever, be­fore the ex­piry of the lease, my land­lord has sold the premises to a third per­son. My new land­lord wishes to ex­e­cute a fresh lease deed of the premises. Is this per­mis­si­ble?

—Cara Singh After the sale of the leased premises, rights of your pre­vi­ous land­lord stand trans­ferred in favour of your new land­lord. Ex­e­cu­tion of a new lease deed de­pends upon the terms and con­di­tions of the ex­ist­ing lease deed exe- cuted with your pre­vi­ous land­lord. If the lease deed pro­vides for ex­e­cu­tion of a new lease deed in the event of trans­fer/sale of prop­erty dur­ing the term of lease, you will have to ex­e­cute a new lease deed. Oth­er­wise, the ex­ist­ing lease deed will con­tinue and the new land­lord will step into the shoes of the ex­ist­ing land­lord.

My mother (Hindu by religion) was the owner of a house. I have a brother and sis­ter. My mother died with­out mak­ing any will. Does my sis­ter have any right in the house? If yes, can she re­lin­quish her share in the prop­erty only in my favour?

— Meet Singh As per the ap­pli­ca­ble laws, all three of you (ie your brother, sis­ter and you) have in­her­ited equal un­di­vided share in your mother’s house on her death. As re­gards to re­lin­quish­ment by your sis­ter of her share in the prop­erty, she can re­lin­quish it, but not in favour of a spec­i­fied per­son, to the ex­clu­sion of oth­ers. If your sis­ter wishes to trans­fer her share only to you, to the ex­clu­sion of your brother, she may do so by ex­e­cut­ing a gift deed of her share in the prop­erty in your favour.

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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