LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I stay in a rented house in Delhi for which a reg­is­tered lease agree­ment has been ex­e­cuted with the owner. Last week, when my guests had come over to my house, my land­lord en­tered the premises with­out giv­ing me a no­tice to in­spect the premises. Is he al­lowed to en­ter the house in such a way?

— An­chal Suri As per law, dur­ing the term of the lease your land­lord may en­ter the premises/house at a rea­son­able time for in­spec­tion of the premises with­out giv­ing you a no­tice un­less agreed to the con­trary. Usu­ally, lease agree­ments con­tain a clause pro­vid­ing for an ad­vance no­tice to be given by the land­lord to the ten­ant be­fore en­ter­ing the leased premises. There­fore, if your agree­ment con­tains a term pro­vid­ing for such a no­tice you may refuse to al­low him to en­ter the house. In June 2010, I en­tered into an agree­ment with a builder for buy­ing an un­der con­structed apart­ment for a cer­tain con­sid­er­a­tion. Now at the time of ex­e­cu­tion of the sale deed the builder/seller is de­mand­ing a much higher con­sid­er­a­tion than what was agreed. Can he uni­lat- er­ally change the con­sid­er­a­tion?

— She­gali Bisht Un­less specif­i­cally agreed oth­er­wise in the agree­ment, the de­vel­oper can­not en­hance the con­sid­er­a­tion. Even if the right to in­crease is re­served by the de­vel­oper in the agree­ment, it is for spe­cific rea­sons only. Kindly re­fer to your agree­ment and check the rea­sons for in­crease in con­sid­er­a­tion. I have a house in Delhi which I wish to give on rent. Since I stay in Chen­nai, can I au­tho­rise my brother who stays in Delhi to ex­e­cute and reg­is­ter a lease deed in re­spect of the house on my be­half?

— Ashutosh Sinha Yes, you can au­tho­rise your brother by ex­e­cut­ing an ap­pro­pri­ate power of at­tor­ney as per ap­pli­ca­ble law to ex­e­cute and reg­is­ter the lease deed on your be­half.

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