LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I have en­tered into an agree­ment with a buyer for pur­chase of my two flats which are ad­ja­cent to each other, Can I ex­e­cute a sin­gle sale deed in his favour? How is the stamp duty to be paid?

— San­tosh Ku­mar Yes, you may ex­e­cute a sin­gle sale deed for sell­ing two of your im­move­able prop­er­ties to the same buyer. The stamp duty on such an in­stru­ment shall be charge­able on the ag­gre­gate amount of du­ties which would have to be paid had you ex­e­cuted two sep­a­rate sale deeds. How­ever, for con­ve­nience and for fu­ture sale, it is bet­ter to ex­e­cute two sep­a­rate sale deeds.

I am a Hindu and was gifted land by my grand­fa­ther when I was a mi­nor. My fa­ther sold that land when I was still a mi­nor. Now I am a ma­jor and I dis­agree with the sale, What re­course do I have?

— Par­ishet Sharma As per the Hindu Mi­nor­ity and Guardian­ship Act, 1956, a mi­nor’s prop­erty can only be sold by his/ her guardian af­ter ob­tain­ing prior permission of the court.

There­fore, if your fa­ther had ob­tained the prior permission, then you have no re­course. How­ever, if your fa­ther did not ob­tain prior permission you may chal­lenge the va­lid­ity of the sale in the ap­pro­pri­ate court of law within the req­ui­site lim­i­ta­tion pe­riod.

I am a ten­ant in a co­op­er­a­tive group hous­ing so­ci­ety. I sus­pect cer­tain mis­ap­pro­pri­a­tion of ac­counts. The man­ag­ing com­mit­tee has re­fused to pro­vide me with the in­for­ma­tion as I am not a mem­ber. How do I ob­tain the in­for­ma­tion re­gard­ing us­age of funds?

— Gaurav Shah A ten­ant does not have a right to seek in­for­ma­tion from the in­for­ma­tion of­fi­cer ap­pointed by the man­ag­ing com­mit­tee of the so­ci­ety. You may ask the land­lord to ac­cess the re­quired in­for­ma­tion.

Al­ter­na­tively, since the of­fice of the Regis­trar of So­ci­eties is a pub­lic of­fice, you may pre­fer an right to in­for­ma­tion (RTI) ap­pli­ca­tion to the regis­trar ac­cord­ing to the process spec­i­fied in the Right to In­for­ma­tion Act, 2005.

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