Q.: I am Hindu and have acquired certain immovable properties out of my own income. I do not have any issues. My husband died recently and my parents have expired long back. Please inform who will succeed to my self acquired property if I dot make a Will.
A.: The succession to the self acquired of property owned by female, in the absence of a Will is governed by Hindu Succession Act 1956. In devolves as a follows:
Firstly sons, daughters including children of any predeceased
son or daughter and husband Secondly upon husband Thirdly upon mother and father Fourthly upon heirs of father/care of Lastly, upon heirs of mother
As you have informed that you do not have any children and your parents, husband are deceased, your self acquired property will devolve upon the heirs of your father and in their absence, heirs of your mother. You may also make a will so that property will devolve on persons as per your Will.
Q.: I had taken land on lease for 99 years and had constructed a multistoried building. The Lessee deed contains a clause. “Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor. The lease deed provides for construction of buildings, I have given portions of the building on lave and licence to various businessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licences demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licences?
A.: Generally under transfer of property act, when the lessor gives the land on lease with a right to construct, the lessor does not have any right on the building constructed there on until the lease period is over. The lesssee who is the owner of the building, can deal with the building as absolute owner. As such the lessee has every right to underlet, sublet and give on leave and licence. In your case the lease deed prohibits the assignments, under letting, sub-letting or parting with possession of the demised property without the permission of the lessor.
The demised property means the land and no the super structure constructed there on unless the lease deed provides otherwise. Further the leave and licence does amount of parting of possession, subletting or under lettering or assignment. As such the lessor cannot claim any subletting charges from you.
Q.: Recently, I purchased a property at Malleshwaram and have since received the registered sale deed. I am told to get Katha transferred to my name. What is the procedure to get it transferred to my name?
A.: Katha is only a secondary document to establish the title of the person to the property. Katha alone in absence of primary documents like sale deed, gift, partition, release, Will Grant does not establish the title.
The transfer of katha to your name is to be done by jurisdictional revenue authority under which the property is situated you have to apply for transfer with a duly filled katha transfer application signed by both the seller and purchaser along with a copy of registered sale deed, latest tax paid receipt and up to date encumbrance certificate. The revenue authorities acknowledge the application and indicate the date, by which the process will be completed, which is to be completed in 45 days. They may also call for additional information/ document. On payment of prescribed fee (2% of the stamp duty of sale deed) the katha will be transferred into your name and an endorsement will be issued to this effect. Thereafter, tax paid receipts will be in your name.