LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I re­cently bought the first floor of a three-storeyed house in La­j­pat Na­gar. The seller is re­fus­ing to hand over the chain of pre­vi­ous ti­tle doc­u­ments. Is he en­ti­tled to refuse?

– Suresh Kapoor As per law, if the buyer pur­chases only a part of the seller’s prop­erty and the seller con­tin­ues to re­tain the re­main­ing por­tion of such a prop­erty, he is en­ti­tled to re­tain the orig­i­nal chain of ti­tle doc­u­ments. How­ever, the seller is bound to pro­duce the pre­vi­ous ti­tle doc­u­ments when­ever you make a re­quest for the same. You can also ask the seller for cer­ti­fied copies of the ti­tle chain.

I have taken a one-bed­room apart­ment on lease for five years. Re­cently, there was a fire in the build­ing and the en­tire room was gut­ted. Can I ter­mi­nate the lease on this ground?

– Shankar Cho­pra If a fire or any nat­u­ral calamity de­stroys a por­tion of the prop­erty leased, ren­der­ing the prop­erty un­fit for the pur­pose for which it was let out, the lessee has the op­tion to ter­mi­nate the lease. You can ter­mi­nate the lease.

My brother and I have in­her­ited a house from my mother. We now wish to di­vide the por­tions in the house. Do we have to pay stamp duty on such de­mar­ca­tion?

– Sau­rabh Sinha Pre­sum­ing that the in­her­ited prop­erty is free­hold and di­vis­i­ble, your brother and you can ex­e­cute a par­ti­tion deed for iden­ti­fy­ing and de­mar­cat­ing each other’s por­tion in the house. The par­ti­tion deed needs to be reg­is­tered and ap­pro­pri­ate stamp duty paid on it under the In­dian Stamp Act, 1899, as ap­pli­ca­ble in the state where the in­her­ited house is lo­cated.

I have ex­e­cuted a will by which I have be­queathed my prop­erty to my son and wife. I wish to name my son as the ex­ecu­tor of the will. Am I al­lowed to make my son, who is also a ben­e­fi­ciary, the ex­ecu­tor of my will?

- Somesh Law You may make your son the ex­ecu­tor of the will. There is no re­stric­tion on mak­ing the ben­e­fi­ciary as the ex­ecu­tor of the will.

I have ex­e­cuted a will but want to make a new one. Am I re­quired to have the same wit­nesses?

– Vi­neet Mal­ho­tra There is no re­quire­ment of the same wit­nesses to be at­test­ing the new will as well. You may ex­e­cute your new will wit­nessed by two new wit­nesses.

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