LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I have agri­cul­tural land which was no­ti­fied for ac­qui­si­tion in 2005. Since I did not re­ceive any com­pen­sa­tion till 2012, I ap­proached the court for can­cel­la­tion of the ac­qui­si­tion pro­ceed­ings against my land. The mat­ter was sub­ju­dice when the new land ac­qui­si­tion law was en­acted. Will it ap­ply ret­ro­spec­tively to my case? Would the land ac­qui­si­tion pro­ceed­ings con­sid­ered lapsed against my land as no com­pen­sa­tion has been paid so far to me for such ac­qui­si­tion?

– Kaushal Grover Yes, the new Land Ac­qui­si­tion Act cov­ers all the pend­ing cases of the land ac­qui­si­tion under the old Act. If five years have lapsed since the land ac­qui­si­tion and no com­pen­sa­tion has been paid, then as per the pro­vi­sion in the new land ac­qui­si­tion Act named The Right to Fair Com­pen­sa­tion and Trans­parency in Land Ac­qui­si­tion, Re­ha­bil­i­ta­tion and Re­set­tle­ment Act, 2013, the land ac­qui­si­tion pro­ceed­ings will be deemed to have lapsed.

The gen­uine­ness of my grand­fa­ther’s will has been chal­lenged by my un­cle in the high court. My grand­fa­ther had pre­pared an un­reg­is­tered will, which was signed by him along with two wit­ness­eses. Ac­cord­ing to the will there are two wit­nesses, one wit­ness passed away but an­other wit- ness is ready for tes­ti­mony. Can tes­ti­mony of one wit­ness val­i­date our will? If not, then what should I do?

– Jatin Bisht In cases where only one of the wit­nesses is alive, a will may be proved by the ev­i­dence of one wit­ness when it comes to gen­uine­ness of the will.

I own a free­hold res­i­den­tial plot and con­structed a build­ing thereon in Delhi. For pur­chas­ing a new house, I want to take a loan from a bank against my ex­ist­ing house by cre­at­ing an eq­ui­table mort­gage. What is the amount of stamp duty that I will be re­quired to pay in this re­gard?

– Lokesh Jain For cre­at­ing an eq­ui­table mort­gage (ie mort­gage by de­posit of ti­tle deeds), it is suf­fi­cient to de­posit the orig­i­nal ti­tle deeds / doc­u­ments of the prop­erty be­ing mort­gaged with the bank/ mort­gagee. No stamp duty is payable in Delhi if eq­ui­table mort­gage is cre­ated by sim­ply de­posit­ing the ti­tle deeds.

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