LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

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.

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