LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am an NRI and wish to in­vest in prop­er­ties in In­dia. Is there any ceil­ing limit to res­i­den­tial and/or com­mer­cial prop­erty that I can pur­chase in In­dia? Is prior permission from RBI nec­es­sary be­fore any such trans­ac­tion?

—Asha Sharma As an NRI you are free to pur­chase res­i­den­tial and/ or com­mer­cial prop­erty in In­dia with­out any prior permission from RBI. Fur­ther, there is no up­per or ceil­ing limit on the num­ber of prop­er­ties that you may ac­quire.

I stay in a leased apart­ment. The plas­ter on the wall in one of my rooms has come off. I have re­peat­edly asked my land­lord to re­pair it, how­ever, he has failed to do so. Do I have a le­gal right to make my land­lord get the walls plas­tered again?

—Ro­hit Gupta Usu­ally the re­spon­si­bil­ity vis a vis the maintenance of the flat is cov­ered in the lease deed. If your lease deed pro­vides that re­pair of this na­ture is to be car­ried out by the lessor and he fails to do so you can get the same rec­ti­fied and pay for it and deduct the cost along with in­ter­est from the rent payable to the land­lord.

I had writ­ten a will last year but want to make some changes to the scheme of in­her­i­tance. Should I pro­ceed to write a cod­i­cil or a new will?

—Him­mat Sharma If you wish to make ma­jor changes to your ear­lier will, you may write an en­tirely new will to avoid the pos­si­bil­ity of any con­tra­dic­tory clauses. The new will should clearly spec­ify that it is in­tended to su­per­sede the ear­lier doc­u­ment in its en­tirety. In case the changes are mi­nor, you may write a cod­i­cil to amend the ear­lier will, clearly ref­er­enc­ing the date of ex­e­cu­tion of the ear­lier will as well as the clauses that are be­ing amended.

My un­cle wants to gift his prop­erty to me. How­ever, be­ing bedrid­den he is un­able to visit the sub-regis­trar’s of­fice for reg­is­tra­tion of the gift deed. Is there any al­ter­na­tive for get­ting the gift deed reg­is­tered?

—Sam­bit Shah As this is an ex­cep­tional cir­cum­stance, your un­cle may move an ap­pli­ca­tion show­ing spe­cial cause with the of­fice of the con­cerned sub-regis­trar/regis­trar. On such ap­pli­ca­tion con­sid­er­ing your spe­cial case, the au­tho­rised rev­enue of­fi­cer will visit your un­cle’s res­i­dence and ac­cept the gift deed for reg­is­tra­tion. op­tion

Cre­ate a le­gal and reg­u­la­tory frame­work to en­able pri­vate sec­tor par­tic­i­pa­tion in rental hous­ing; and to

I m p r o ve t h e fi­nan­cial at­trac­tive­ness of rental hous­ing.

Based on the rec­om­men­dat i ons of t he t ask f orce, a Na­tional Rental Hous­ing Pol­icy is cur­rently un­der for­mu­la­tion. By way of leg­isla­tive ini­tia­tives, this na­tional pol­icy also in­cludes:

The Draft Na­tional Ur­ban Rental Hous­ing Pol­icy 2015 The Draft Model Ten­ancy Act 2015, and

Rent Con­trol Act 1992 The vi­sion of t he Draft Na­tional Ur­ban Rental Hous­ing Pol­icy 2015 is to en­able the growth of rental hous­ing in a holis­tic man­ner. Its key ob­jec­tive is the pro­mo­tion of: Ba­sic shel­ter fa­cil­i­ties So­cial rental hous­ing for the ur­ban poor Af­ford­able rental hous­ing for spe­cific tar­get groups Rental hous­ing as a stop gap ar­range­ment for as­pi­rant home­buy­ers In­sti­tu­tional rental hous­ing for the work­ing class For­mal­i­sa­tion/reg­u­lar­i­sa­tion of rental hous­ing on pan In­dia ba­sis Fa­cil­i­tate fund flows to rental hous­ing

THINKSTOCK

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