LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My fa­ther in his reg­is­tered will wrote that I could con­tinue to stay in his house and af­ter my demise the house will be in­her­ited by my son. Am I en­ti­tled to sell this house?

– Sharad Sharma From the de­tails pro­vided by you, it seems that through his will, your fa­ther only in­tended to give you a life in­ter­est in the house and the house is to be de­volved upon your son af­ter your demise. In a case where life in­ter­est is cre­ated in the property, the property can­not be sold or dis­posed off by the per­son. I paid a book­ing amount of ₹ 51,000 for a flat in a project in Greater Noida. Now I want to exit the project and there­fore have sought re­fund from the de­vel­oper but the de­vel­oper is re­fus­ing to do so. What is my re­course?

– Dheeraj Gupta Gen­er­ally, in case book­ing for a flat is can­celled, the de­vel­oper re­funds the book­ing amount af­ter de­duct­ing 10-15% as earnest money. In case you want to exit the project, you may seek re­fund. If the de­vel­oper is not re­fund­ing the full amount, you may ap­proach the ap­pro­pri­ate con­sumer fo­rum. I am an NRI and own a flat in Delhi that I want to rent out. Can I do so? Do I need to take some ap­proval?

– Shradha Bur­man Yes, you may rent out your flat in Delhi 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. Over six months ago, I had taken up a property on lease for a term of five years. How­ever, due to cer­tain un­avoid­able con­tin­gen­cies, the lessor and I were un­able to get the lease deed reg­is­tered. Is it too late?

– Jharna Dhi­man As per the Reg­is­tra­tion Act, the lease deed is re­quired to be reg­is­tered within a pe­riod of four months from the date of its ex­e­cu­tion. How­ever, the con­cerned sub-regis­trar/regis­trar has the power to con­done the de­lay up to an­other four months sub­ject to pay­ment of fine. I am the sole owner of a flat and want to in­clude my wife as a joint owner dur­ing my life­time. Can I re­lin­quish my own­er­ship in half the property in favour of my wife, as I do not want to take any con­sid­er­a­tion amount from her?

– Kaushik Bose Since you singly own the flat, you can­not re­lin­quish part of it. How­ever, if you wish to trans­fer own­er­ship of the property dur­ing your and her life­time with­out tak­ing any con­sid­er­a­tion amount from your wife, you may ex­e­cute a gift deed in favour of your wife for half, un­di­vided por­tion of the flat. The gift deed is re­quired to be duly stamped and reg­is­tered.

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