LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I had pur­chased a 150 sq yard two-storey house in Delhi in Au­gust 2015. At the time of the agree­ment to sell (ATS), I paid 75% con­sid­er­a­tion and took pos­ses­sion of the prop­erty. The ATS is duly reg­is­tered. As per the ATS, I was given six months to pay the bal­ance 25% con­sid­er­a­tion. Now, I am try­ing to con­tact the seller to give bal­ance con­sid­er­a­tion and get the sale deed ex­e­cuted, but the seller is not re­spond­ing. I have an im­pres­sion that he wants to sell the prop­erty to a third party and evict me from the prop­erty. Can he evict me from the prop­erty and how can I get the sale deed ex­e­cuted in my favour?

– Sukesh Bhar­gav The Trans­fer of Prop­erty Act, 1882, pro­tects the buyer of an im­mov­able prop­erty who has pos­ses­sion of the prop­erty from be­ing un­law­fully evicted by the seller. How­ever, this re­quires a reg­is­tered agree­ment to sell and the buyer should be will­ing to per­form his part of the con­tract, ie make pay­ment of bal­ance con­sid­er­a­tion etc.

Since you are wil­ing to per­form your part of the agree­ment, the seller can­not un­law­fully evict you from the prop­erty.

Also, you can file a suit for spe­cific per­for­mance of the agree­ment to sell against the seller for get­ting sale deed ex­e­cuted in your favour. I am cur­rently re­sid­ing in Mum­bai and I also have a rented house in Delhi. I had ex­e­cut- ed a spe­cial power of at­tor­ney in favour of my sis­ter for car­ry­ing out main­te­nance of this prop­erty. Do I need to get the spe­cial power of at­tor­ney reg­is­tered?

– Lak­sh­man Ku­mar Since you have ex­e­cuted a spe­cial power of at­tor­ney which is given for a spe­cific pur­pose and does not cre­ate any in­ter­est in the prop­erty, such spe­cial power of at­tor­ney is not re­quired to be com­pul­so­rily reg­is­tered. I am the owner of an in­de­pen­dent house com­pris­ing three floors. I stay on the ground floor and my son and his fam­ily stay on the first floor. I in­tend to lease out the se­cond floor of my prop­erty to a fam­ily for three years. The prop­erty dealer says that the stamp duty is to be shared by the ten­ant and me equally. Am I li­able to share the stamp duty ex­pense?

– Satyapal Ya­dav As per the Trans­fer of Prop­erty Act 1882, the li­a­bil­ity to pay stamp duty is on the lessee, un­less oth­er­wise agreed be­tween the lessor and the lessee that the stamp duty will be shared by them or that the lessor will pay the stamp duty.

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