Dear Madam,

I had paid advance deposit of Rs 50,000 for a rented 3 bedroom house in Bilekahalli last year. I vacated the house on November 30, 2006, and handed over the key to the landlord since she had wanted to lay the drainage system and complete other construction activities inside the house. I had orally informed the landlord on the 15th of November, 2006, of my intention to vacate the house by the end of November, which was half a month’s notice period as against one month’s notice mentioned in the rent agreement.
After vacating the house and handing over the key, the landlord now states that Rs 5,000 would be deducted for maintenance and painting charges and a further Rs 5,000 would be deducted as one month’s rent for failing to give one month’s notice. This would be in addition to the November rent of Rs 5,000. And at the time of handing over the keys, the landlord checked the premises and confirmed that the house was handed back in good condition and the fittings were intact. 
I would like to know if painting charges are mandatorily deducted while  vacating the premises even when there is no mention of either maintenance charges or painting charges in the agreement and also if it is right on the landlord’s part to deduct one month rent for giving only 1/2 month-notice period at the time of vacating the house.
Your advice would be greatly appreciated. 
K Mahesh

Dear K Mahesh,
You have made the mistake of dealing with the opposite party orally. Before you handed over the keys you should have sorted out the matter completely. Since this was not done, the opposite party has taken advantage of the negligence. You are advised to settle this matter with the opposite party.

Dear Madam,

My father, who was the head of HUF, died in 1982, leaving behind my mother, my sister and myself (son). He did not make a will. We have ancestral property in Bangalore.
My mother is alive. My sister, who got married in February 1984, migrated to US and became a US citizen by naturalisation about 7 years ago. She is married to a US citizen and has 2 male children who are also US citizens by birth.
What is my sister’s right over the property in Bangalore? Can she claim right in the ancestral property? What are my rights if I want to develop the property? Can I take my mother’s consent and go ahead with the development of the property? I am married and have a minor son who is 7 years old.
Suresh

Dear Suresh,
Your sister has a right in the ancestral property, after the death of your father. It has no bearing on her status as an NRI. If you want to develop the property, you should get a release deed from your sister or alternatively, she should sign the development agreement. Your son will also be a coparcener with you as you continue to hold the share you inherited from your father for yourself and on behalf of your sons and daughters.

Dear Madam,
I purchased 2 plots (50ft x 80 ft each), near the upcoming international airport in March 2005. It was BIAAPA approved. I have also checked that the BIAAPA approval number is valid in the list of approved layouts on the BIAAPA website. The sale deed was registered in March 2005 by paying the stamp duty applicable at prevailing rates.
However, I came to know that layout has been changed and as per the new plan approved by BIAAPA, the plot numbers have been changed to 19-20, even though the physical property is the same.
What should I do to settle the discrepancy of the plot number? What needs to be included? What are the supporting documents required for the rectification deed? What will be the stamp duty payable, since I have already paid the stamp duty when I registered it last time?
I have been told that rates in ready reckoner used by government have changed and I will have to pay the stamp duty on the difference in the value of the property. This is turning out to be a huge amount. Please help.
Ashish Chaturvedi

Dear Ashish Chaturvedi,
You have to pay the difference in stamp duty at prevailing guideline value rates. This means that you pay roughly 10% of the increased value after deducing the value of the plot shown in the original deed. You should show the changed boundaries and site numbers.
The supporting documents are the original deed, khata, tax paid receipt, form 1, relevant affidavits, release certificate from BIAAPA, etc. You can also annex a plan to the rectification deed showing the correct boundaries.

The author is a practising advocate specialising in real estate matters. You may e-mail your questions to 1.vatsala@gmail.com. Please mark your mail with `Legal Angle’ in the subject line. You may also write to us at: The Editor, Legal Angle, Deccan Herald, 75, MG Road, Bangalore - 560001.
Disclaimer: All the answers provided herein are of a general nature. It is advisable to get specific legal advice after furnishing detailed history of each individual case.