LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I own an apart­ment in Ghazi­abad. I was un­able to pay the common ex­penses for my apart­ment to the As­so­ci­a­tion of Apart­ments for about two months and they have now (after giv­ing me a no­tice) passed a res­o­lu­tion in the gen­eral body meet­ing threat­en­ing to cut wa­ter sup­ply to my apart­ment. What rem­edy do I have?

—Sh­a­gun Makhija Un­der the Ut­tar Pradesh Apart­ment Own­er­ship Act, 2010, the Gen­eral Body of the As­so­ci­a­tion of Apart­ments can pass a res­o­lu­tion to cur­tail or re­duce any es­sen­tial sup­ply to an apart­ment only if the common ex­penses re­main un­paid for a pe­riod of six months or more. To en­sure your wa­ter sup­ply is not cur­tailed you need to make sure that the pay­ment of common ex­penses does not re­main pend­ing for more than six months. I pur­chased a house in which al­ready some ten­ants re­side. I want the ten­ancy to con­tinue and to col­lect rent from the ten­ant as the new land­lord. How­ever, the seller ie the pre­vi­ous land­lord re­fuses to let me col­lect the rent and has asked the ten­ants to make the rent to him di­rectly. What right do I have?

—Shob­hit Phukan Un­der the Trans­fer of Prop­erty Act, 1882, upon ex­e­cu­tion of a sale, the rights of the seller get trans­ferred to the buyer. As­sum­ing the sale deed be­tween the seller and you does not stip­u­late to the con­trary, you should have all the rights to­wards the house, in­clud­ing the right to col­lect the rents from the pe­riod since you be­came the owner of the house. In case the ten­ant and the pre­vi­ous owner cre­ate some hin­drance, you can ap­proach the ap­pro­pri­ate court to en­force your rights. I am an non-res­i­dent In­dian and want to pur­chase a flat in Noida with my friend who is an Aus­tralian cit­i­zen as a sec­ond holder, can I do so?

—Smita Byas A non-res­i­dent In­dian/ per­son of In­dian ori­gin (NRI/PIO) can­not pur­chase prop­erty in In­dia wherein the sec­ond holder is a for­eign na­tional not be­ing a PIO. In case your friend is a PIO then he/she can be the sec­ond holder in the prop­erty.

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