I plan to lease my property in Gurgaon to an individual for a term of five years. How can I ensure that the lessee will not misuse my property by further sub-leasing it in favour of other persons?
—Brijesh Goel In order to safeguard your property from being sublet, you should incorporate a clause in the lease deed, expressly providing that during the term of lease, the lessee shall not sublease your property or create any rights or interest of whatsoever nature in the property in favour of any third party. Since the lease is for a term of more than one year, to ensure the enforceability of the terms of lease deed in law, it should be duly stamped and registered in the sub-registrar’s office, within whose jurisdiction the property is situated.
I have been told that certain construction that I have done in my flat located in a group housing society is unauthorised. What is the meaning of unauthorised construction and how can I ascertain whether the construction carried out by me is unauthorised?
—Ketan Jaji As per clarifications issued by DDA, any addition/ alterations to group housing society flats other than what is sanctioned in the building plan for the group housing flat is termed as unauthorised construction. You can ascertain whether the construction carried out by you is unauthorised through the sanctioned building plan which will be available with the appropriate managing entity/committee of your society.
I have given my flat in Delhi on rent to a family who have been staying there for last two years. There was no rent agreement but the amount of rent was agreed at the rate of ₹ 15,000 per month, which they were duly paying. Now I have asked them to vacate the house but they are not doing so. How can I get my house vacated legally?
—TK Mehra The procedure for vacation of property in your case will be governed by the provisions of Transfer of Property Act, 1882. Since, there is no rent agreement, the tenancy between your tenant and you is a monthto-month tenancy. You can terminate the tenancy by issuing a notice. If the tenant does not vacate the property then you can approach the court in whose jurisdiction your property is situated and file an eviction suit to evict the tenant.