LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I had pur­chased a flat in my wife’s name and the pay­ment was made by me. I want to sell the flat. How can I do so?

– Satya­pal Gen­er­ally the per­son in whose name the prop­erty is pur­chased has sole own­er­ship rights over it. There­fore, in or­der to sell the flat your wife may ex­e­cute the sale deed in favour of the in­tend­ing pur­chaser.

I am plan­ning to pur­chase a flat in an un­der-con­struc­tion project by a renowned builder in Gur­gaon. The builder has told us that the por­tion of land on which the tower com­pris­ing of my pro­posed unit will re­ceive a li­cense in a few months. Can I pur­chase the flat be­fore the li­cense is granted?

– Ru­pashree As per the law ap­pli­ca­ble in Haryana, to un­der­take con­struc­tion, the de­vel­oper has to ob­tain li­cense from the Town and Coun­try Plan­ning De­part­ment. There­fore, you may pur­chase the flat once the land par­cel has re­ceived the li­cense from the Town and Coun­try Plan­ning De­part­ment.

I have some prop­erty which I bought from my own in­come. I have drawn a will be­queath­ing it to my daugh­ter. Now, my son is claim­ing that he should have an equal share in my prop­erty. Is his claim valid?

– Bhupin­der Sharma If you have pur­chased the prop­erty from your own in­come then it shall be your self-ac­quired prop­erty and you are free to dis­pose it in any man­ner.

I own a house in Gur­gaon. Since I don’t have chil­dren, I wish to gift the house to my niece. Is there any stamp duty ex­emp­tions for the same?

—Mri­nalini As per no­ti­fi­ca­tion passed by the Haryana gov­ern­ment in July 2014, stamp duty payable on trans­fer of prop­erty by an owner to any blood re­la­tion (i.e fa­ther, mother, chil­dren, grand­chil­dren, brother( s), sis­ter( s) and be­tween spouse) has been ex­empted. Since your niece does not come un­der the def­i­ni­tion of blood re­la­tion there is no ex­emp­tion to­wards the stamp duty levi­able on the gift deed ex­e­cuted by you in her favour.

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