LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am an NRI and own a flat in Delhi which I want to rent. Can I do so and do I need to take some ap­provals?

— Shikha Gupta Yes, you may rent out the prop­erty with­out the ap­proval of the Re­serve Bank of In­dia or any other au­thor­ity. The rent re­ceived can be cred­ited to NRO / NRE ac­count or re­mit­ted abroad. I had en­tered into a lease for a term of five years, over six months ago. Due to cer­tain un­avoid­able cir­cum­stances, the lessor and I were un­able to get the lease deed reg­is­tered. Now we want to get the same reg­is­tered, how should we pro­ceed?

— Mamik Ma­lik As per the In­dian Reg­is­tra­tion Act, 1908, a lease deed hav­ing a term ex­ceed­ing 11 months, is re­quired to be com­pul­so­rily reg­is­tered within a pe­riod of four months from the date of its ex­e­cu­tion. Nev­er­the­less, in ex­cep­tional cases where the de­lay was due to un­avoid­able cir­cum­stances, an ad­di­tional pe­riod (up to a max­i­mum of four months) may be granted by the reg­is­trar, on pay­ment of the pre­scribed fine and depend­ing on the facts and cir­cum­stances. You may file an ap­pli­ca­tion in this re­spect with the rel­e­vant sub-reg­is­trar’s of­fice within whose ju­ris­dic­tion this prop­erty is lo­cated. I bought a flat in Delhi in the name of my son but now want to sell it. My son lives in Ban­ga­lore and is un­able to travel to Delhi for the sale-pur­chase trans­ac­tion. How can we carry out the trans­ac­tion?

—Shanta Singh Your son may ex­e­cute a gen­eral power of at­tor­ney duly reg­is­tered in your favour au­tho­ris­ing you to carry out the sale on his be­half. There­after, you can carry out the sale-pur­chase trans­ac­tion on his be­half. I plan to pur­chase a fully con­structed flat in a residential com­plex. How­ever, be­fore pur­chas­ing the flat I wish to ver­ify the con­struc­tion of the flat. How do you sug­gest I should do the same?

—Re­wanti Gora When pur­chas­ing a fully con­structed prop­erty, you may ask the seller to pro­vide you sanc­tioned build­ing plans, com­ple­tion cer­tifi­cate and/or oc­cu­pancy cer­tifi­cate of the prop­erty. You may check whether the prop­erty has been con­structed ac­cord­ing to such sanc­tioned build­ing plans. If there is any de­vi­a­tion from the sanc­tioned build­ing plans, then the same should have been reg­u­larised by pay­ing nec­es­sary charges.

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