LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am en­ter­ing into a deal to pur­chase a flat in Gur­gaon. The owner of the flat has cur­rently leased it out to a fam­ily and the lease is due to ex­pire by the end of next year. How can I en­sure that the ten­ant pays the rent to me and not to the pre­vi­ous owner af­ter I pur­chase the flat?

— Ash­mit Ka­pur Af­ter com­ple­tion of the sale in your favour, you will au­to­mat­i­cally step into the shoes of the pre­vi­ous owner. How­ever, you can also en­ter into a tri­par­tite agree­ment with the pre­vi­ous owner, lessee for at­torn­ment of this ex­ist­ing lease in your favour so as to en­sure that all ben­e­fits/ en­ti­tle­ments un­der the cur­rent lease ac­crue to you upon ex­e­cu­tion of the sale deed.

I have taken an apart­ment on lease in Janakpuri in Delhi and have signed the lease deed pro­vided by my land­lord. In the deed there is no pro­vi­sion re­gard­ing pay­ment of prop­erty tax. Now the lessor is ask­ing me to pay prop­erty tax for the apart­ment. Can he do so?

— Bidisha Chal­iha As per the Delhi Mu­nic­i­pal Cor­po­ra­tion Act, 1957 the owner of any land/ build­ing is pri­mar­ily li­able to pay prop­erty tax. Thus, he can­not force you to pay the same. My brother is claim­ing a share in a prop­erty that was ac­quired by me. He is claim­ing that it is a joint fam­ily prop­erty. He has also filed a case be­fore the Delhi High Court against me and has ob­tained a stay order. I am in ur­gent need of funds. Can I sell the prop­erty to raise funds?

— Ni­harika Dey If the court has passed a stay/ re­strain order, re­strain­ing you from trans­fer­ring prop­erty, you are not en­ti­tled to sell the prop­erty with­out permission from the high court.

I re­cently got a lease deed reg­is­tered. If the prop­erty de­tails are not cor­rectly men­tioned in the deed, is it pos­si­ble for me to get the er­ror rec­ti­fied now?

— San­chita Shah Once a doc­u­ment is reg­is­tered, any ad­di­tions, omis­sions, rec­ti­fi­ca­tions and mod­i­fi­ca­tions in the doc­u­ment can be pos­si­ble only t hrough a rec­ti­fi­ca­tion deed. A nom­i­nal stamp duty is payable on the doc­u­ment. Fur­ther, a rec­ti­fi­ca­tion deed must be duly reg­is­tered with the con­cerned sub-regis­trar.

THINKSTOCK

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