LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am rent­ing out my apart­ment lo­cated in Delhi. The pro­posed lease pe­riod is 11 months. What is the stamp duty that I have to pay on lease deed and when do I have to make the pay­ment?

—Si­manta Kakati As per the Sched­ule of In­dian Stamp Act as ap­pli­ca­ble in Delhi, the amount of stamp duty re­quired to be paid is to be cal­cu­lated at 2% of the lease amount payable for the lease pe­riod. As per the pro­vi­sions of In­dian Stamp Act, stamp duty should be paid ei­ther prior to or at the time of ex­e­cu­tion of the lease deed.

I own an apart­ment in a res­i­den­tial project of Gur­gaon. I re­cently came to know that the builder is plan­ning to build ad­di­tional floors/tow­ers in the same project. Can he do so?

—Nis­hant Cho­pra As per the Haryana Apart­ment Own­er­ship Act, 1983 and rules framed there­un­der, the per­cent­age of the un­di­vided in­ter­est of each apart­ment owner in the com­mon ar­eas and fa­cil­i­ties in a project as ex­pressed in the dec­la­ra­tion has a per­ma­nent char­ac­ter and can­not be al­tered with­out the con­sent of all ex­ist­ing apart­ment owners then the con­sent is re­quired and dec­la­ra­tion has to be amended and ex­pressed in the amended dec­la­ra­tion which is to be duly ex­e­cuted and reg­is­tered as per the Act. So, if the ad­di­tional de­vel­op­ment/con­struc­tion af­fects/ changes the per­cent­age of un­di­vided in­ter­est as men­tioned in the dec­la­ra­tion.

I am the sec­re­tary of an apart­ment owners as­so­ci­a­tion in Farid­abad. The el­e­va­tors in­stalled in apart­ment build­ings are very old. Are there any com­pli­ances re­quired to be made?

—Ra­jat Gupta Ac­cord­ing to the Haryana Lifts and Es­ca­la­tors Act, 2008 and rules framed there­un­der, a life span of a lift/el­e­va­tor is 20 years. The el­e­va­tor/lift has to be re­placed af­ter a pe­riod of 20 years of its in­stal­la­tion. Such re­place­ment should be com­pleted within the 21st-year and you must ap­ply for fresh reg­is­tra­tion as per the Act and rules.

THINKSTOCK

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