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Vacating an unyielding tenant

We stay in a rented flat in Kilpauk. In the same complex, we have purchased a flat and have rented it out to the tenantwithout a signed agreement six months back. Two incidents happened which forced us to request our tenant to vacate. (1) My father's health had deteriorated and our house owner has issued a notice to us to vacate the flat. . We had requested our tenant to vacate and the tenant had agreed to it in principle. We have sent repeated reminders but he is not vacating the house. . Could you suggest what we need to do?

Name withheld on request.

Our panellist, Mr. R.L.Narayanan replies: It is best to explain to the tenant the fact relating to your father's health and the need to shift to your own flat. You can also inform the tenant that you are constrained to vacate your flat because of notice having been issued to you and in the circumstances you are expecting to move in early into your own flat. If the tenant does not vacate and assuming that the building is over five years, you can file a petition before the Rent Controller seeking eviction of the tenant on the ground that you require your flat for your own use and occupation. However, normally, this is a time consuming process considering the fact that the proceedings can go through more than one level of litigation. As such, it is advisable to institute proceedings only as a last resort. Settlement Deed

This refers to the reply by Mr. Narayanan. When a settlement is between a parent and son/daughter, out of love and affection, I understand that notional value of the house property can be taken for stamp duty. Say, for a flat of market value of more than 10 lakhs, the notional value of Rs. 50,000 can be mentioned in the Settlement Deed and stamp duty of 1% and registration charges of 1% on Rs. 50,000 is only payable. Am I right?

S.Ramachandran

Mr. Narayanan replies: As per the latest amendment, the stamp duty for settlement deed is computed at 1% on the market value of the property. However, there is a capping of stamp duty in the sense that the maximum amount payable is Rs. 10,000 only. Similarly, registration fee is computed at 1% subject to a maximum of Rs. 2000. In the circumstances, in my view, the notional value given in the settlement deed may not be accepted by the registering authority.

A query on UDS

I propose to buy a flat which was constructed in a plot measuring 3700 sq feet. There are five flats. My UDS works out to be 450 sq. feet. But the total UDS shared among the five flat owners is 3200 sq. feet only. The promoter says the remaining 500 sq. ft. would be retained by him as is the practice followed by all promoters and further says that there is no necessity to divide the entire plot among the flat owners. What should I do now?

Vinayagam

Mr. Narayanan replies: From the information given by you, it appears that even the flat that you propose to buy cannot be in accordance with approved plan as your holding is grossly disproportionate to the built up area. Please check this aspect. The builder is not expected to retain any undivided share of land without a corresponding built up area. This is for your information and further action.

What is the recourse?

Our unregistered association of 13 years old (badly constructed) flats was running smooth without any written down bye-laws or documentation of minutes. We passed a resolution on April 14, 2006 to collect Rs.25,000 per flat to replace and repair water pipelines, sewerage lines, plastering and exterior painting. The secretary collected Rs. 5,000 flat as first instalment on May 11, 2006 and completed water pipelines replacement on 31-5-2006. . One new member purchased a resale flat on 16-4-2006 and occupied his flat on 30-4-2006. He refused to pay Rs.5,000 contending that his (previous owner) predecessor should pay it. What is the recourse? Can individual member sue him for blocking reconstruction work and cost escalation? He continues to pay monthly maintenance by money order to the secretary. Can we cut his water amenities as the new pipelines are feeding water, for which he refuses to pay? Eighteen members out of 20 on our side.

L.Alagappan

Mr. Narayanan replies: As your association is unregistered, all the members will have to institute a suit against the defaulting member for suitable relief including recovery of the outstanding amounts. As there are no byelaws or documentation of minutes, the only way to recover the outstandings is for all the other members of the association collectively to institute a suit against the defaulting member for suitable relief including recovery of the outstandings. If 18 members are on your side, the other members along with the defaulting member have to be shown as defendants in the proceedings and relief framed accordingly.

I have purchased a house in my name and that of my first son. I would like to know what would be the implication after my death. Is my first son the independent owner or my wife could have the ownership till her lifetime since she becomes the natural inheritant. Further after her life time ownership completely passes to my first son or since I have second son too, could he claim the property.

Should I make any will stating that after my lifetime my wife should have a hold over the property till her lifetime and thereafter it can be passed on to my first son.

G.S.Mani,
Chennai 600 011

Mr. Narayanan replies: From your name, it is taken that you are a Hindu by religion. If no specific assurance is indicated in your purchase document, then you will have an undivided half share in the property and your son will have an undivided half share in the property. After your lifetime, your undivided half share has to be distributed to your legal heirs. As such, assuming that your wife and other children are the surviving legal heirs, they will get an equal share in your half share.

A will can be made as contemplated by you if it is a self-acquired property, you can dispose it of in any manner that you deem fit. There are also other methods of distributing the property.

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