LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My fa­ther gifted a house to my mi­nor son while I was made a guardian. Due to some fi­nan­cial ex­i­gen­cies, I want to sell the house. How can I do so?

— Samit Banga Since the prop­erty is in the name of your mi­nor son and you are the guardian, to sell the im­move­able prop­erty, you need to ob­tain the prior per­mis­sion of the ap­pro­pri­ate court. I have given my flat in Delhi on rent to a fam­ily who have been stay­ing there for the last two years. There was no rent agree­ment but the amount of rent was agreed at ₹ 15,000 per month which they were pay­ing on time. Now I have asked them to va­cate the house but they are re­fus­ing to leave. How can I get my house va­cated legally?

— Tushar Singh The pro­ce­dure for va­ca­tion of prop­erty in your case will be gov­erned by the pro­vi­sions of Trans­fer of Prop­erty Act, 1882. Since there is no rent agree­ment, the ten­ancy be­tween you and your ten­ant is a mon­thto-month ten­ancy. You can ter­mi­nate the ten­ancy by is­su­ing a no­tice. If the ten­ant does not va­cate the prop­erty, then you can ap­proach the court in whose ju­ris­dic­tion your prop­erty is lo­cated and file an evic­tion suit and force-

him to va­cate it. My mother owned a house in Ut­tar Pradesh. She passed away with­out leav­ing a will. We are two broth­ers but my brother does not want a share in the house. How can the prop­erty be in my sole name?

—Ra­jesh Sharma Your brother may ex­e­cute a re­lin­quish­ment or re­lease deed, re­lin­quish­ing his share in the house in your name. Fur­ther, the deed has to be reg­is­tered with the of­fice of the ap­pro­pri­ate sub-reg­is­trar. My fa­ther had pur­chased a flat in north Delhi from his own funds. My late fa­ther be­queathed the flat solely to my el­der brother vide a reg­is­tered will. Do I have a share in the flat?

— Sa­gar Jha Since the said prop­erty is a self-ac­quired prop­erty of your fa­ther, he is free to dis­pose/be­queath it to any­one. You shall not be en­ti­tled to any share in the said prop­erty.

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