LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I had leased my apart­ment for five years. Now, the lease pe­riod has ex­pired and the ten­ant is ready to va­cate the flat. But when I va­cated my apart­ment, I ob­served that the ten­ant has dam­aged the apart­ment. The se­cu­rity de­posit has al­ready been set off against the rent and the ten­ant is now re­fus­ing to pay for the dam­ages. What should I do?

- Latha Nagesh­war You should cal­cu­late the amount that you will pay to re­pair and re­store the apart­ment to its orig­i­nal and also file a civil suit against your ten­ant for re­cov­ery of amount spent by you. My hus­band and I bought a house 10 years ago in Ker­ala. Due to mar­i­tal dis­cord, we have been liv­ing sep­a­rately for the last three months. I am a lit­tle ap­pre­hen­sive that he might sell the house in Ker­ala with­out my con­sent. Can he sell it with­out my con­sent?

- Sarika Nair If you both are the reg­is­tered joint own­ers of the house, then you both have to sign the in­stru­ments/ doc­u­ments in or­der to ef­fec­tu­ate the trans­fer of all your in­ter­est in the house. I am an 86-year-old and I have a flat in my name which I want to gift to my grand­son. My grand­son is only 12 years old. Can I gift the prop­erty to him if he is a mi­nor? As per my knowl­edge, a valid gift of a prop­erty must be ac­cepted by the re­cip­i­ent. Who can legally ac­cept the gift for him as he is a mi­nor?

- Su­dan­shu Nag­pal Yes, a gift made to a mi­nor is valid in the eyes of law. A gift made to a mi­nor can be ac­cepted on his be­half by any of his par­ents or his guardian. I in­tend buy­ing a res­i­den­tial prop­erty in Delhi. I am in the fi­nal ne­go­ti­a­tions with a seller and I might en­ter into an ini­tial agree­ment with the seller for sale/ pur­chase trans­ac­tion of the prop­erty. I wish to regis­ter the same. Do I have to pay the en­tire stamp duty on the value of the prop­erty twice – that is, on both agree­ment to sell and sale deed?

- Himanshu Chaturvedi On an agree­ment to sell (ATS), stamp duty of any amount can be paid up to a max­i­mum of the ap­pli­ca­ble stamp duty payable. Such amount of stamp duty paid on ATS shall get cred­ited/ ad­justed with stamp duty payable on the sale deed, as and when it is sub­se­quently ex­e­cuted and reg­is­tered. Thus, the to­tal stamp duty amount for both the sale deed and ATS taken to­gether is same as the stamp duty amount payable on the sale deed.

SHUTTERSTOCK

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