LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I have taken a house on rent. The lease agree­ment of the house gets over next month. I have in­stalled many fix­tures at my own cost such as a geyser, an air­con­di­tioner, cur­tain rods, etc. Can I take th­ese along with me when the lease ends?

— Sourabh Dayal Fit­ting and fix­tures in­stalled at your cost will re­main your prop­erty. As you are re­quired to hand over pos­ses­sion of the prop­erty in the state in which the lessor had leased it to you, th­ese fix­tures/fit­tings may be re­moved be­fore hand­ing over pos­ses­sion, but with­out dam­ag­ing the premises. I am ex­chang­ing my prop­erty with my friend and we are ex­e­cut­ing an ex­change deed. Do we need to pay any stamp duty on it and if yes, who will bear the cost?

— Re­sham Dua Stamp duty is payable on trans­fer of prop­erty from one hand to the other. In case an ex­change deed is ex­e­cuted, the stamp duty is li­able to be paid by both your friend and you equally. I have mort­gaged my house. The mort­gagee has re­painted the walls and ren­o­vated the bath­room at his own cost. Now I have re­paid the loan (to him) and wish to take back pos­ses­sion of the house. The mort­gagee is de­mand­ing fur­ther pay­ment for re­paint­ing and ren­o­va­tion. Am I li­able to pay for the same?

— Shekhar Pal As per the ap­pli­ca­ble law, un­less agreed to the con­trary, the mort­gagor is en­ti­tled to im­prove­ment of the mort­gaged prop­erty made dur­ing the con­tin­u­ance of mort­gage. He shall not be li­able to pay costs for the same ex­cept in cases where the im­prove­ment was made by the mort­gagee to ei­ther pre­serve the prop­erty from dam­age or to pre­vent the se­cu­rity from be­com­ing in­suf­fi­cient. The mort­gagor is also li­able to pay money if the changes were made in com­pli­ance with the law­ful or­der of any public author­ity. There­fore, the mort­gagee is wrong­fully de­mand­ing cost of re­paint­ing and ren­o­va­tion.

Newspapers in English

Newspapers from India

© PressReader. All rights reserved.