LAW BOOK

HT Estates - - HT­ES­TATES - Su­nil Tyagi

My sis­ter and I in­her­ited an equal share in our fa­ther’s res­i­den­tial prop­erty. She wants to trans­fer her share in my favour. How can she do so? Please ad­vice.

— Nam­rata Sharma Your sis­ter can trans­fer her share in your fa­ther’s res­i­den­tial prop­erty in your favour ei­ther by ex­e­cut­ing a gift deed in your favour for which you will not be re­quired to pay any con­sid­er­a­tion. In case your fa­ther has not left any other le­gal heir other than the two of you, she may ex­e­cute a re­lin­quish­ment deed for which you may or may not pay her any con­sid­er­a­tion. I am a for­eign na­tional re­sid­ing in Ma­cau and of­ten come to In­dia for work trips. Can I buy a res­i­den­tial apart­ment in In­dia?

— Shanti Singh As per Re­serve Bank of In­dia’s lat­est no­ti­fi­ca­tion, be­ing a for­eign na­tional of Ma­cau, you may not ac­quire/pur­chase res­i­den­tial im­move­able prop­erty without the prior per­mis­sion of the RBI other than a lease, not ex­ceed­ing five years. My fa­ther passed away re­cently, without leav­ing a will. My mother pre-de­ceased him and I am his only son. We are a Hindu fam­ily. Now, his brother is stak­ing claim to a res­i­den­tial prop­erty be­long­ing to my fa­ther where I still re­side. Does he have a right to do so?

— Naveen Chand From your ques­tion we pre­sume that the prop­erty is a self-ac­quired prop­erty of your fa­ther, in which case your fa­ther’s brother is not en­ti­tled to any share in the said prop­erty. I had pur­chased a newly con­structed flat as an orig­i­nal al­lot­tee. Although it has only been less than a year since I re­ceived pos­ses­sion, cracks have be­gun to oc­cur in the walls. Is the builder en­ti­tled to charge me for car­ry­ing out re­pair works?

— Sangha Shah As a stan­dard prac­tice, most buyer agree­ments pro­vide for a de­fect li­a­bil­ity clause wherein the de­vel­oper un­der­takes to rec­tify and re­pair, at his own cost, any con­struc­tion and other ma­te­rial de­fects that may ap­pear within a de­fined pe­riod fol­low­ing han­dover of the prop­erty. This pe­riod usu­ally varies between one to two years af­ter pos­ses­sion, pro­vided such dam­age is not a re­sult of the owner’s acts/omis­sions. You may check whether you are cov­ered by this de­fect li­a­bil­ity clause.

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