All You Need To Know About Sale Of Property In Case Of Partition

For various reasons, a court of law may come to a conclusion that a partition suit may not be able to lead to a successful partition of the property. It may then direct the sale of such property following rules as laid out in the Partition Act, 1893.

A court can mandate the sale only under the following circumstances:

1)   The partition suit had been filed before 1893,

2)   The nature of the property is such that it cannot be partitioned,

3)   A large number of shareholders,

4)   A decree for partition has been made before, or

5)   Any special circumstance recognised by the court.

In the event of any of the above, the court may deem fit that distribution of proceeds may be beneficial to the concerned parties. In some cases, the shareholder might feel the need for sale of the said property and may request for it.

Now there can be many situations once the decision to sell and distribute the proceeds has been taken:

When a sharer undertakes to buy:  If a shareholder says that they would like to buy, the court can order a valuation of the share/s and sell it at an ascertained price.

When there are multiple shareholders willing to buy: Suppose there are two or more shareholders who want to buy, the court will order the sale to the shareholder who is ready to pay the highest price for the property. This amount would be higher than the price ascertained after the valuation is conducted.

If no shareholder is willing to buy: It may so happen that none of the shareholders may be willing to buy the property. In such a case, the applicant will be liable to bear the costs incident to the application.

If the transferee files a partition suit: If the property share of an undivided Hindu family had been sold to someone who is not a member of this family and if this non-member (transferee) files a partition suit, the court can direct a willing shareholder (family member) to buy this property after a valuation. All necessary directions in this regard are also overseen by the court. Likewise, if there are multiple shareholders willing to buy this property in question, the party that is willing to pay the highest will be preferred as a purchaser.

Request for sale/application to buy on behalf of a member: You can always authorise any capable person to act on your behalf and file a partition suit. However, a court of law is not bound to accept such a request, application or an undertaking unless it recognises that it is for the benefit of the party.

Court reserves the bidding amount: All kind of sale is subject to a reserved bidding and the amount is fixed by the court. This may vary from time to time. Shareholders can also bid at such a sale citing non-payment of deposit or setting off the purchase-money or accounting for the purchase money.

The shareholder, however, is always at an advantage if a non-member has bid the same sum at such a sale.

Rules behind sale dependent on jurisdiction

The Registrar will oversee the sale of the property if it is sold after an order from the High Court of Calcutta, Madras of Bombay. If the property is sold under the order of any other court, then the sale of property shall be conducted on the basis of rules prescribed in the Code of Civil Procedure or rules formed by the High Court from time to time.

Those partition suits (pending suits) that were filed before the commencement of the Partition Act and in which partition has not been finally approved also come under this Act.

Can the property be partly sold?

In any partition suit, if the Court deems it fit, the property can be partly partitioned and partly sold as well. The Court will order a decree to this effect.

Note that the Partition Act applies to all of India except Jammu and Kashmir. However, if there are any local laws of any state that monitors the partition of immovable property, these would be adhered to without compromise.

All About Property Mutation In India

Mutation Entries Don’t Confer Property Title, Says Supreme Court

Mutation records do not confer the title of a property on anyone and the ownership has to be established independently, in a declaratory suit, the Supreme Court has opined. This reiteration by the SC came, while rejecting a special leave petition filed by the Bruhat Bengaluru Mahanagara Palike. In 2019, too, the SC had, while passing its judgement in the Bhimabai Mahadeo Kambekar versus Arthur Import and Export Company, said that the mutation entries of revenue records did not create or extinguish title over the land, nor did such entries have any presumptive value on the title of such land. 

 

Why Is Mutation Of Property Important For Buyers?

Once you have completed a real estate transaction and registered the property in your name, it is important for you to also get a mutation of property done in government records. What is property mutation, and why is it important? PropGuide explains.

Sahil Sharma did not know what mutation of property means. He thought all formalities for transfer of property were finally over once he successfully completed his home loan-related work, registered the property in his name, and paid the stamp duty on it. About a year later, he overheard his colleagues talking about payment of property tax and it occurred to him that he had not paid his property tax. He asked one of the colleagues how and when it was to be done.

The colleague, who knew that Sharma had purchased an apartment recently, asked: “Have you got the mutation of property done?” Not with a clue about this, Sharma replied in the negative and was suggested that he get the mutation of property done as soon as possible, so that he could pay the property tax and avoid any penalty and interest that might accrue.

 

What is mutation of property?

The municipal body in a city keeps records of property ownership transfers to fix property tax payment liabilities. This is true of transfer of all sorts of immovable assets– land, flat, individual home, shop, etc. Mutation is a way to ensure that. Mutation of property or land shows that a property has been transferred from one person to another, and it also assists authorities in fixing taxpayers’ responsibility. Although not a legal document, it will be crucial if you want to sell your property in future. Mutation of property in Hindi is called Daakhil-Kharij.

How to apply for mutation of property and what does it cost? And what are the documents required for mutation of property? Please note that the procedure and the required documents vary from state to state. But across India you have to file for mutation of property under these three circumstances:

  • If you have bought a property: Documents that you will be expected to submit for mutation of property in this case include a copy of the sale deed, an application for mutation of property with Rs 3 court fee stamp affixed on it, an indemnity bond on a Rs 100 stamp paper, an affidavit on a Rs 10 stamp paper, and latest property tax clearance papers.
  • Mutation of property after death of owner if you are an heir: For mutation of property in such cases, applicants have to submit a death certificate, a copy of the will, an indemnity bond on a Rs 100 stamp paper, an affidavit on Rs 10 stamp paper attested by a notary, and the latest property tax clearance papers.
  • If you have bought a property through a power of attorney: For mutation of property in such a case, you have to submit a copy of the power of attorney papers, a copy of the will, an indemnity bond on Rs 100 stamp paper, an affidavit on Rs 10 stamp paper, and the latest property tax clearance papers, along with an application with Rs 3 court fee stamp affixed on it.

 

Things you should know

  • It has to be noted that a very minimal penalty — as low as Rs 25, for instance — is charged if you do not get mutation of property done. And, you can also get the job done when it suits you. However, if you decide to sell your property in future, buyers will surely ask you to produce mutations papers. Not having them in place may jeopardise your chances of selling your asset.
  • Though it’s not legally binding, mutation of property is important as it stands as the proof of ownership and might act as a tax record.
  • Property mutation charges differ from state to state. And in most cases, they are in the range mentioned earlier.
  • Mutation of property is not a one-time duty; these papers need to be updated from time to time. A regular update will ensure your property records stand clean.

Note: All the stamp paper charges mentioned in this post are according to the rates charged for mutation of property in Delhi.

 

10 Things To Check Before Shifting To A Rented House

When you finally discover a home that you want to rent after many trips to the neighbourhood, you would certainly be in a hurry to move in. However, before moving in, you must consider certain things to make your stay in the house pleasant.

Research well about the locality: When you begin the search process, choose a locality which is near your work place or college. This will not only save your commute time but also the travelling cost. However, proximity of the locality should not be the only consideration. Look for the social infrastructures like markets, bank branches, hospitals, etc, as these are must for you day-to-day living operations. You would want to leave your home and belongings safe and secure. Check if the locality has CCTV surveillance systems and watchmen or guards to protect your home when you are out.

Read your rent agreement thoroughly: When finalising the rent agreement, carefully read the clauses that specify the period for which you are entitled to stay and the period after which your landlord may ask for an increase in the rent. If you find any of the clauses disagreeable, talk and get it changed immediately.

Also Read: What Not To Do When Switching Cities

Know your rights: A rent agreement gives you limited rights over the rented property and knowing about them would keep things clear between you and your landlord. For instance, your landlord cannot interfere with your personal lifestyle, cannot prevent any visitors from coming, and cannot dictate a time for you to reach home. He can also not ask you to vacate the property as long as the agreement is in force.

Consider the overall cost: A monthly amount is not the only money you have to pay while shifting to a rented accommodation. You will have to incur other expenses such as security deposit, advance rent, broker’s fee, etc., before you make a move. Consider these costs as well and set your budget accordingly.

Check the goods: If you are moving into a fully furnished apartment, do have a close look at the furniture or appliances that are being provided. Ensure they are in a working conditions and not damaged.

Do the basic check: You would not like a choking bathroom sink or broken electrical fixtures in your new home, would you? Run each tap and switch on buttons to see if the water flow is fine and the lights are working all right. Also check that the house is freshly painted and there is no seepage inside the house.

Read meters: Always check the reading of the electric meter before you step into a rented accommodation. In fact, it is better to note the meter reading so that you can check the accuracy of the bills. Also, do not hesitate to ask your landlord about any dues.

Ask thy neighbour: Your neighbours could be the best people to give you the right opinion about the house, locality and your landlord.  

Check the windows and the doors: Another way to ensure safety at your home is by checking the doors, locks and windows of the property. Before finalising a place, make sure you check these for any fault or repair.

Get a clean home: Have a word with your landlord prior to the day you are shifting. Ask him to get the house cleaned before you shift.  

Also Read: Semi Vs Fully Furnished Apartment: Which One To Rent?

What Is House Hacking And Can It Help You Buy A House?

House hacking, a popular concept in the West, is a unique way of investing in a property that may be slightly heavy on your pocket. This is also an interesting concept to balance your financeafter a property purchase.  

How does house hacking work? 

You invest in a prime property and then rent out a certain portion of it while living in the remaining part. This concept allows young homebuyers to buy property in prime areas, or areas closer to their workplace which otherwise would not be affordable for them. The income earned from the rent can be used to pay the equated monthly installments (EMIs). Moreover, since the property is located in a prime area, the rent fetched can be handsome, too. 

The benefits of house hacking

  • Apart from earning rental income, the homeowner could save on the fuel costs as they start living close to their workplace. They also save on time wasted in traffic jams, etc. Moreover, the cost of maintaining and use of utilities of the house, is further split among the dwellers. 
  • This move gives you a hands-on experience of being a landlord, making you capable of further investing in real estate and earning rental income from other properties, too. 
  • The renters play a role in the  upkeep of the property. For instance, if you have a day shift and your tenant works in a night shift, you can be assured that your house is not empty and hence, not unsafe during anytime of the day. 

Disadvantages of house hacking 

  • It could be a challenge to live with your tenants in the same property. Your home may not feel like ‘your‘ home anymore, and instead become a multi-unit space. 
  • It could get awkward and stressful if they miss paying the month’s rent or misbehave, etc 
  • The idea of the property becoming vacant could become a constant source of worry as that would substantially increase your costs. 

What to keep in mind if you are planning to house hack: 

  • It is advisable that you invest in a multi-unit property to get the best of house hacking. For instance, investing in a duplex of a triplex in a builder-floor propertyis a good idea. These properties could fetch you better rent and also, provide you the independence to have a space of your own.  
  • In case you don’t have a big budget, invest in a property with multiple bedrooms that have attached bathrooms. In case a room or two do not have an attached bathroom, keep them for your own use. 
  • You could also look for homes with a basement or the ones with a plan that allows you an expansion. This way, one could rent out the better part of the home and live in the extension. 
  • Does the property you just saw have a large open area that could be converted into a bedroom? Such properties could be a viable option, too. 
  • While you are on the lookout for a property with the right kind of bedrooms, do not forget to factor in the common areas such as the living room, kitchen, among others. 

Housing.com unveils 7th edition of Happy New Homes 2024

Over 50 million property seekers are expected to explore the latest edition of its flagship online property show.

February 16, 2024: Housing.com, the country’s leading PropTech firm, proudly announces the launch of its highly anticipated annual online property event, Happy New Homes 2024. Set to run virtually from February 15 to March 31, this edition promises to be the most expansive yet, with participation from leading developers across 27 cities in India.

Building on the resounding success of previous editions, Happy New Homes 2024 aims to captivate over 50 million property seekers, offering them an unparalleled opportunity to explore a diverse range of housing projects, spanning from megacities to tier-II and tier-III markets. This virtual extravaganza showcases the latest advancements in technology, providing consumers with a seamless and contactless home-buying experience.

Amit Masaldan, Chief Revenue Officer at Housing.com, expressed confidence in the event’s success, stating, “We anticipate Happy New Homes 2024 to set new benchmarks in terms of audience engagement and sales, marking a significant milestone for consumers navigating the real estate market. With the evolving landscape of home buying, our focus remains squarely on empowering consumers with an unparalleled experience, offering them not just a platform, but a trusted ally in their property journey.”

Masaldan further added, “Through HNH 2024, we’re not only showcasing an extensive range of properties but also pioneering innovative solutions that cater to the evolving needs and preferences of modern homebuyers. From seamless virtual tours to exclusive offers and financing options, we’re committed to ensuring that every consumer finds their dream home with utmost convenience and confidence. As we continue to redefine the online property landscape, our ultimate goal is to make the journey of finding a new home as joyful and fulfilling as the home itself.”

In a significant development, Canara Bank joins as the Title Sponsor for Happy New Homes 2024, further enhancing the event’s prestige and value proposition. 

Satyanarayana Raju, MD & CEO, Canara Bank, said, “A home is an abode of dreams and love, it remains a cherished aspiration for many in India. Fueled by a growing young population and robust economy, the housing market is expected to grow continuously in the coming years as well.” 

Raju further added, “As one of the leading Public Sector Banks, Canara Bank always passionately aligns with the Government of India’s initiative of ‘Housing for All.’ Demonstrating unwavering dedication, we have spearheaded the provision of credit to aspiring homeowners via our dedicated Retail Asset hubs across India, streamlined online instant in principal sanction platform, extensive branch network and strategic engagement in diverse events and campaigns for the benefits of our existing and prospective customers.”

“In our continuous efforts to enhance our Home Loan outreach program, we are delighted to announce our association with Housing.com as an exclusive banking partner for this campaign. By leveraging Housing.com’s Happy New Home’24 initiative, Canara Bank seeks to facilitate the realization of millions of Indians’ dreams of owning a home nationwide. Aligned with our corporate ethos of ‘Together We Can,’ we are excited to pioneer new paths to success by becoming a trusted Banking partner in the aspiring buyers’ journeys towards their dream homes”, elaborates Raju.

The event boasts a stellar line-up of prominent developers, including Ashwin Sheth Corp, Kalpataru Group, Shaligram Developers, Nyati Group, Bhavisha Properties, and many more. With over 4,000 developers and channel partners showcasing their projects, buyers can expect an extensive array of choices tailored to their preferences.

Exciting offers from participating developers add to the allure of Happy New Homes 2024. From exclusive payment schedules to substantial discounts and prizes, buyers can avail themselves of a multitude of incentives. For instance, Sri Sai Nandana Royal in Bangalore offers semi-furnished flats with unique payment plans, while Fortune Heights in Kolkata presents the chance to win a car with every booking.

This year’s event is set to surpass expectations with a dynamic omni-channel marketing campaign targeting a wide audience. With a strong presence in popular reality and sports programs like Big Boss, Indian Idol, and India’s bilateral cricket series, Housing.com aims to maximize visibility and engagement across diverse demographics.

Key highlights of Happy New Homes 2024 include the introduction of innovative products such as “Housing Stories” for mobile visibility and “Audience Maximizer” for enhanced retargeting capabilities. Coupled with a visually stunning webpage design, the event promises an immersive browsing experience for users, reinforcing Housing.com’s position as India’s premier property destination.

For more information and to explore the latest offerings, visit the Happy New Homes 2024 webpage on Housing.com.

Note: Cities covered under HNH2024 – Mumbai, Navi Mumbai, Thane, Pune, Bengaluru, Chennai, Hyderabad, Noida, Gurgaon, Delhi, Faridabad, Ghaziabad, Kolkata, Ahmedabad, Vadodara, Jaipur, Lucknow, Bhopal, Indore, Nagpur, Nashik, Chandigarh, Goa, Coimbatore, Vijayawada, Visakhapatnam and Bhubaneswar.

Housing.com unveils 7th edition of Happy New Homes 2024

Over 50 million property seekers are expected to explore the latest edition of its flagship online property show.

February 16, 2024: Housing.com, the country’s leading PropTech firm, proudly announces the launch of its highly anticipated annual online property event, Happy New Homes 2024. Set to run virtually from February 15 to March 31, this edition promises to be the most expansive yet, with participation from leading developers across 27 cities in India.

Building on the resounding success of previous editions, Happy New Homes 2024 aims to captivate over 50 million property seekers, offering them an unparalleled opportunity to explore a diverse range of housing projects, spanning from megacities to tier-II and tier-III markets. This virtual extravaganza showcases the latest advancements in technology, providing consumers with a seamless and contactless home-buying experience.

Amit Masaldan, Chief Revenue Officer at Housing.com, expressed confidence in the event’s success, stating, “We anticipate Happy New Homes 2024 to set new benchmarks in terms of audience engagement and sales, marking a significant milestone for consumers navigating the real estate market. With the evolving landscape of home buying, our focus remains squarely on empowering consumers with an unparalleled experience, offering them not just a platform, but a trusted ally in their property journey.”

Masaldan further added, “Through HNH 2024, we’re not only showcasing an extensive range of properties but also pioneering innovative solutions that cater to the evolving needs and preferences of modern homebuyers. From seamless virtual tours to exclusive offers and financing options, we’re committed to ensuring that every consumer finds their dream home with utmost convenience and confidence. As we continue to redefine the online property landscape, our ultimate goal is to make the journey of finding a new home as joyful and fulfilling as the home itself.”

In a significant development, Canara Bank joins as the Title Sponsor for Happy New Homes 2024, further enhancing the event’s prestige and value proposition. 

Satyanarayana Raju, MD & CEO, Canara Bank, said, “A home is an abode of dreams and love, it remains a cherished aspiration for many in India. Fueled by a growing young population and robust economy, the housing market is expected to grow continuously in the coming years as well.” 

Raju further added, “As one of the leading Public Sector Banks, Canara Bank always passionately aligns with the Government of India’s initiative of ‘Housing for All.’ Demonstrating unwavering dedication, we have spearheaded the provision of credit to aspiring homeowners via our dedicated Retail Asset hubs across India, streamlined online instant in principal sanction platform, extensive branch network and strategic engagement in diverse events and campaigns for the benefits of our existing and prospective customers.”

“In our continuous efforts to enhance our Home Loan outreach program, we are delighted to announce our association with Housing.com as an exclusive banking partner for this campaign. By leveraging Housing.com’s Happy New Home’24 initiative, Canara Bank seeks to facilitate the realization of millions of Indians’ dreams of owning a home nationwide. Aligned with our corporate ethos of ‘Together We Can,’ we are excited to pioneer new paths to success by becoming a trusted Banking partner in the aspiring buyers’ journeys towards their dream homes”, elaborates Raju.

The event boasts a stellar line-up of prominent developers, including Ashwin Sheth Corp, Kalpataru Group, Shaligram Developers, Nyati Group, Bhavisha Properties, and many more. With over 4,000 developers and channel partners showcasing their projects, buyers can expect an extensive array of choices tailored to their preferences.

Exciting offers from participating developers add to the allure of Happy New Homes 2024. From exclusive payment schedules to substantial discounts and prizes, buyers can avail themselves of a multitude of incentives. For instance, Sri Sai Nandana Royal in Bangalore offers semi-furnished flats with unique payment plans, while Fortune Heights in Kolkata presents the chance to win a car with every booking.

This year’s event is set to surpass expectations with a dynamic omni-channel marketing campaign targeting a wide audience. With a strong presence in popular reality and sports programs like Big Boss, Indian Idol, and India’s bilateral cricket series, Housing.com aims to maximize visibility and engagement across diverse demographics.

Key highlights of Happy New Homes 2024 include the introduction of innovative products such as “Housing Stories” for mobile visibility and “Audience Maximizer” for enhanced retargeting capabilities. Coupled with a visually stunning webpage design, the event promises an immersive browsing experience for users, reinforcing Housing.com’s position as India’s premier property destination.

For more information and to explore the latest offerings, visit the Happy New Homes 2024 webpage on Housing.com.

Note: Cities covered under HNH2024 – Mumbai, Navi Mumbai, Thane, Pune, Bengaluru, Chennai, Hyderabad, Noida, Gurgaon, Delhi, Faridabad, Ghaziabad, Kolkata, Ahmedabad, Vadodara, Jaipur, Lucknow, Bhopal, Indore, Nagpur, Nashik, Chandigarh, Goa, Coimbatore, Vijayawada, Visakhapatnam and Bhubaneswar.

Best Feng Shui Colour Ideas For Your Home

The choice of colours for your home reflects your thoughts, mood and personality. When used in the right manner, colours can have a therapeutic effect. While colour trends keep changing with time, there are certain colours that never go out of fashion.

The Feng Shui colours, which bring the desired Feng Shui energies to your house, create harmony and balance. MakaaniQ lists some classic Feng Shui colour ideas for attracting positivity to your home.

Yellow

 Yellow represents the fire or earth element. Yellow hues add sunny, nourishing and happy feel to the atmosphere. With a touch of yellow, your kitchen, living room or kids’ room can add a welcoming Feng Shui energy to the space. Sunflower yellow or pale buttery yellow colour tone are some suitable options.

Red

A fire element, red is a vibrant colour that symbolises good fortune, passion, courage and romance. Jazz up your living room, dining room or kitchen by using dynamic shades of red. The colour is also ideal for southeast-facing rooms. But remember to balance the energy of red with some calm colours.

Green

Green hues carry healing Feng Shui vibrations from the nature. The colour reflects the wood element and is said to heal headaches and eliminate anxiety.

Blue

Blue represents the water element. An elegant and serene colour, blue encourages positive communication, calmness and spiritual inclination.

Orange

Orange is a mix of red and yellow hues, so it captures the energies of both colours. Incorporate orange in your home décor to create a lively and fun-loving aura. Earthy orange is a great choice, especially for bedrooms.

White

White is a metal element and denotes purity, innocence and spirituality. Adding this colour to your bathroom will be a fantastic idea.

Grey

Greys make for a neutral and calm intonation and represent the metal element. They are best used as an accessory colour.

Brown

Brown is an earthy colour. A bedroom or living room in a brown-coloured theme is generally an area full of warmth and comfort.

Also Read: Feng Shui Colour Themes That Can Attract Wealth

Tips To Make Your Home Healthy

The prerequisite to a happy and healthy life, is a clean environment, which can only be achieved when your home is healthy.

To ensure that your home is healthy and promotes well-being, PropGuide lists certain aspects you should take care of, when building a home. 

Natural air & light

The first step towards a healthy home is to have ample natural light and ventilation to ensure clean and fresh air. The right kind of home will not require any electric light during daytime. A home should be designed with enough doors and windows to ensure ventilation. 
A home with good amount of sunlight plays a good part in keeping away termites and other pests, providing natural disinfection, as well.

Hygiene & sanitation
For a healthy home, maintaining hygiene and clear sewage and waste outlets is important. To ensure this, piping and plumbing of homes that are being constructed should be cross-checked to make sure that none of them have a possibility of becoming a breeding ground for pests, giving rise to diseases. Bathrooms should be designed to ensure that water drains do not clog. Use easy to maintain and clean tiles in the bathroom. 

Potted plants

It is tough to get a breath of fresh air in a busy city. So, why not create a healthy environment in our homes itself. Install potted plants around the house. These plants clean the air, thus, freshening the home. You can also install fragrant plants like jasmine and roses, plants with medicinal qualities like tulsi or even plants, which can be used for cooking purposes like bay leaves and mint. In fact, a number of enterprising home makers also plant spices in the kitchen for flavour and utility purposes.

Quality-check construction material

The excessive use of chemicals during construction can cause immediate as well as long-standing allergies to its residents. Always check the quality of wood, fabric, and other construction material being used. Care should be taken to avoid products which can be allergic. Also, avoid mass produced synthetic construction material, which are likely to contain more hazards.

Solar installation

Reducing the use of electricity and using solar-based installations are also key to building healthy homes. These energy-efficient technologies can make sure that pollution is lowered and contribute to your general health. It’s for larger good. 

How To Get Your Share In Ancestral Property?

The Delhi High Court had ruled that an adult son had no legal right to stay in his parents’ self-acquired property. “Where the house is self-acquired by the parents, the son… can live only at the mercy of his parents up to the time they allow it,” said the order.

Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share.  The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.

On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.

Can you sell your ancestral property?

The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.

However, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.

Can you sell your ancestral property as a coparcener?

A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.

The legal remedy

If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.

Plan to Rent Your Place? Know How Lease & Licence Are Different

Similar to the jargons used in a home-buying process, the world of renting is also filled with complex terms of its own. Among the most misunderstood terms in the renting parlance are the words — lease and licence. When a residential premise is let out, a landlord and a tenant enter into an agreement, which could be a lease or a licence. While these terms are used interchangeably in common parlance, they are inherently different. While a lease gives more rights to a tenant, a licence is favourable towards landlords. Under a lease, an exclusive possession is granted over a property for a specific time period. While Section 52 of the Indian Easements Act, 1882, defines licence, lease is defined under Section 105 of the Transfer of Property Act, 1882.

However, merely captioning the agreement as lease or licence does not make it so in the eyes of law. It must be ascertained that not only the connotation of the agreement but also the content should clearly indicate the intent of the parties. In case of a dispute, the court would look into the character of the agreement and the intention of the parties concerned.

The lease

Under a lease, a tenant is given the right to occupy a property for a certain period on a fixed amount to be paid as rent. By signing a lease agreement, the owner transfers some right over the immovable property to the tenant. The tenant is entitled to remain in possession of the premises till the lease agreement is terminated. A lease could be in the documented form or could be a verbal understanding between the owner and the tenant.

The licence 

Under a licence, an owner permits another party to use his immovable property for certain purposes. A licence is an authorisation to perform some act upon another person’s property without giving any rights of possession. No easement or interest is granted over such property and the owner can at any point revoke the permission to stay. Guest house, hotels, party lawns are generally rented out based on a licenced agreement.

The difference

  • Under a lease, a transfer of interest is done in favour of the tenant, while no interest over the property is transferred to him in case of a licence. 
  • A lease is transferrable to a third party and also inheritable by legal heirs, etc. A licence is of personal nature and can only be utilised by the person to whom it is granted. It can neither be transferred nor inherited. 
  • With the death of either the grantor or the grantee, a licence comes to an end. A lease does not come to an end on the death of either party and could be continued by their representatives. 
  • Revocation of a licence is easy and could be done at the will of the owner, while a lease could only be terminated according to the contract. 
  • A licensee does not have any proprietary right in the property and cannot sue the owner for the same but a lessor can sue the owner for protection of his right to possession. A lessor can proceed against a trespasser in his own name, whereas a licensee cannot do so.
  • In a lease, the right to possession remains with the tenant while the owner enjoys the right to possess in case of a licence. To evict a lessee, an eviction suit needs to be filed before the court. In case of a licence, the possession by the licensee becomes unlawful per se. 
  • A lease can be terminated by serving a notice to the lessee while a licence can be terminated even without a notice. 
  • If any kind of breach is committed, the agreement can be enforced in case of a lease. In a licence, only a suit for damages can be filed before the court.
  • A lease remains unaffected by the sale of the property and the rights of the previous lessor are assumed by the new owner of the property. A licence comes to an end as soon as the sale of property comes into effect. 
  • In case of a lease, it is mandatory to mention an amount in the agreement, unlike a licence.