Friday, 11 March 2016

PROPERTY MATTERS


I own a flat in Bangalore but since a couple of months, I am staying in Lucknow, on account of my job.  The flat owners’ society for which I am a member is charging me for common expenses, though I am not using any common amenities.Can you please help me by advising me whether I can refuse to pay this demand of common expenses ?

Every flat owner is bound to pay his share of common expenses, irrespective of the fact, whether he uses it or not.This is because the flat owners’ holds the undivided interest in common areas.You can not refuse to pay your share of common expenses.

What care is to be taken about the undivided share of land while purchasing a flat in an apartment building ?

Purchasing a flat along with an undivided share of land is to enable the purchaser to hold certain percentage of undivided share of land which is not earmarked in the total property. Undivided share of land is only the right on the total property of a flat owner along with the other co-owners.In case of demolition of apartment building, in future, with the consent of all the co-owners of the building, a new apartment or any kind of structure can be jointly constructed on this land for possession and enjoyment of the same in proportion to their respective undivided share in land.  

My father is 75 years old and healthy.  A house site measuring 60 feet X 40 feet in J.P. Nagar is standing in his name which is his self acquired property.  I am the only son for my parents.  When I approached a Bank for grant of housing loan for construction over the said site, they told me that since the property does not stand in my name, either I have to get the said site property transferred in my name or I should hold this property jointly along with my father.  At this juncture, kindly guide me the ways for getting the site transferred in my name and whether my father can transfer the same in my favour by way of gift to me.

Your father can very well transfer the site property in your favour by way of gift, or he can deal with this property at his sweet will, since this is his self acquired property.  However, in case of transfer by way of gift in your favour, necessary stamp duty fee and registration charges are required to be paid as per Karnataka Stamps Act.

I have filed a suit against the tenant for vacation of my property given on rent to him. The tenant has challenged the validity of the notice which I got served on him through my Lawyer, under Section 106 of the Transfer of Property Act. What is the legal requirement for issuance of such a notice ?  
Section 106 of the Transfer of Property Act, requires, is that a lease or rental on monthly basis i.e., from month to month and it should be terminable on the part of either the Lessor or the Lessee by giving 15 days’ notice in advance, expiring with the end of a month of such tenancy.  A legal termination of the monthly tenancy thus requires two conditions to be fulfilled viz., firstly there must be a notice terminating the tenancy giving 15 days’ notice in advance and secondly it must expire with the end of the tenancy month.  A communication as notice giving mere 15 days’ notice in advance by itself will not meet with the requirement of the Section 106 of the Transfer of Property Act, but it must also indicate that such 15 days’ period must expire  with the end of the tenancy month.

Kindly  advise me as to when the done has to give his or her acceptance of the Gift ?

The Transfer of Property Act 1882 stipulates that acceptance of gift has to be made during the life time of the donor and when the donor is still capable of giving such gift.  If the donor dies before acceptance of the gift by the done, then such gift becomes void.

Similarly, if the donor is dispossessed of the gifted property before its acceptance by the done, the gift becomes void.

Likewise, if the donor or done becomes incompetent to contract before acceptance of the gift by the done, the gift becomes void.

Notwithstanding the above, since the gift deed requires compulsory registration, acceptance of the gift by the donee is usually recorded on the day of registration of such gift deed itself, which will ensure the purpose of gift deed.  

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