LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My wife and I jointly owned cer­tain prop­er­ties lo­cated in Delhi and Mum­bai. Be­fore pass­ing away, my wife ex­e­cuted and reg­is­tered a will be­queath­ing her en­tire share in the prop­er­ties in my favour. Now I want to get the prop­er­ties mu­tated in my name. Do I need to ob­tain a pro­bate for the will?

– Sa­gar Arora For mu­ta­tion of the prop­er­ties lo­cated in Delhi, it is not manda­tory to ob­tain a pro­bate for the will. How­ever, for mu­ta­tion of the prop­erty which is lo­cated in Mum­bai, a pro­bate is manda­to­rily re­quired. I want to pur­chase a plot of land lo­cated in Delhi. The prop­erty dealer has said that the seller will ex­e­cute an agree­ment to sell, a will and a power of at­tor­ney in my favour for trans­fer of the prop­erty. Will ex­e­cu­tion of above men­tioned doc­u­ments in my favour be suf­fi­cient for valid trans­fer?

– Smita Shah Pre­sum­ing it is a free­hold plot, for trans­fer­ring the said plot in your favour, ex­e­cut­ing and reg­is­ter­ing a sale deed is com­pul­sory. Ex­e­cu­tion of an agree­ment to sell, a will and a power of at­tor­ney are not suf­fi­cient for trans­fer­ring a valid ti­tle of an im­move­able prop­erty. I had booked a flat in Noida with a re­puted builder. Due to the or­der of the Na­tional Green Tri­bunal, the com­plex has not re­ceived com­ple­tion cer­tifi­cate de­spite con­struc­tion be­ing com­plete. Now the builder is ask­ing us to take pro­vi­sional pos­ses­sion. Can I do so?

– Mi­tali Sharma As per the Ut­tar Pradesh Apart­ment (Pro­mo­tion of Con­struc­tion, Own­er­ship and Main­te­nance) Act, 2010, an apart­ment may be trans­ferred by the pro­moter to any per­son only af­ter ob­tain­ing the com­ple­tion cer­tifi­cate and ex­e­cut­ing and reg­is­ter­ing an ap­pro­pri­ate trans­fer deed. I am ex­chang­ing my prop­erty with my friend and for the said pur­pose we are ex­e­cut­ing an ex­change deed. Do we need to pay any stamp duty on it and if yes, then who would bear such stamp duty?

– Sa­garika Menon Stamp duty is payable on trans­fer of prop­erty from one hand to other. In case of ex­change deed to be ex­e­cuted the stamp duty is li­able to be paid by both your friend and you equally.

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