LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I leased out my flat in Delhi to a busi­ness­man for a pe­riod of 11 months through a reg­is­tered lease deed. The ten­ant gave me post-dated che­ques for the pe­riod. Now the ten­ant has gone out of Delhi and two che­ques have bounced. I tried to contact the ten­ant, but in vain. Please ad­vice fur­ther course of ac­tion.

— Sa­gar Sinha Pre­sum­ing your ten­ant does not come under the Delhi Rent Con­trol Act, you may is­sue a writ­ten notice to the ten­ant for bounced che­ques as well as seek ter­mi­na­tion of lease and va­ca­tion of premises on the ground of non-pay­ment. This is, how­ever, sub­ject to your lease deed/agree­ment. If he does not pay ar­rears, you may file a case for cheque bounc­ing under the Ne­go­tiable In­stru­ments Act and also a suit for pos­ses­sion of your prop­erty.

I booked a unit in a com­mer­cial com­plex in Delhi for set­ting up my com­pany of­fice; I have paid the 90-95% of the con­sid­er­a­tion. Ac­cord­ing to the buy­ers’ agree­ment, the builder was sup­posed to hand over pos­ses­sion in March 2014. How­ever, he hasn’t handed it over till now. Dur­ing the pe­riod, I am op­er­at­ing from a rented premises and this is ad­di­tional mone­tary bur­den. What re­course do I have against the builder?

— Satvin­der SIngh You can send a le­gal notice to the builder ask­ing him to give you pos­ses­sion as per the terms of the buy­ers’ agree­ment. Fur­ther, if the agree­ment has a pro­vi­sion for pay­ment of penalty for the de­layed pe­riod you can avail that as well. If the builder does not agree, you can in­sti­tute a suit in the ap­pro­pri­ate court/fo­rum.

I plan to pur­chase a fully con­structed flat in a res­i­den­tial com­plex. How­ever, be­fore pur­chas­ing the flat I wish to ver­ify the con­struc­tion of the flat. How do you sug­gest I should do it?

—Meena Tyagi When pur­chas­ing a fully con­structed prop­erty, you may ask the seller to pro­vide you sanc­tioned build­ing plans, com­ple­tion cer­tifi­cate and/or oc­cu­pancy cer­tifi­cate of the prop­erty. Make it a point to also check whether the prop­erty has been con­structed ac­cord­ing to such sanc­tioned build­ing plans. If there is any de­vi­a­tion from the sanc­tioned build­ing plans, then the same should have been reg­u­larised by pay­ing nec­es­sary charges if the same are within com­pound­able lim­its.

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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