Legal questions on Property Law

Parking Space Allotment by the Builder

Greetings Sir/ Madam, We have bought a flat in an apartment. In our apartment 10 flats each having 1640 square meters including common area. The builder has allocated a car space for us. The parking spaces alloted by him are not in order I mean starting from 101, next 102 then 201 next 202, 301, 302 like this. Randomly he has allocated parking spaces showing favourtiism where there is no equ...

Partition of property in six sons and 2 daughters

Parents of 7 sons and 2 daughters died. Father died in 1997 and mother died in 2024. Total of 7 Acres of Ancestors property of father and mother is not divided into 9 children and mother. Before death of mother i.e. in the year 2020, 5 sons collided and entire property was divided among 5 sons and got registered gift deed registration by mother (not educated) on their names without giving share...

Rent owner is in debt and bank asked us to vacate the property.

I'm from Ernakulam, Kerala. On 14 August 2024 a People's co-operative bank manager came to my boutique and informed us that my land owner has taken loan on this land and has failed to pay the emi since many months. And he told us that in 15 days he will get court order and we will have to vacate the boutique within 15 days. I was unaware of the loans my land owner has taken and I tried to rea...

Erecting metal sheds in setbacks

Hi - Mine is a building with 20 flats and I am one of the owner. Of this 20, about 14 owners are a group and they have hiked the maintenance and have been collecting the maintenance. The others have no choice but to pay. Corpus amount is also collected per flat and it is not deposited in a bank but the amount is already utilised for CCTV, erecting metal sheds in the setback area (2 sides) a...

Access to my Property

My father owned agricultural land in Coimbatore. I am the youngest son in the family of 6 (4 sons and 2 daughters). About 20 years ago our property was divided equally and registered. Two of my brothers and one of my sisters sold the their property. About 5 years ago one brother and one sister who still hold their share of the land developed the combined thir property as a township. Most of the...

Issue with regards to backyard Shaft area

We have recently bought a flat in a building in Shalimar Garden Extension-1 Sahibabad Ghaziabad. The house is still undergoing renovation. The labour has gone to their village for a month and hence, the house is closed from past 3 weeks. The house is at 1st floor with nothing on ground floor. The backyard Shaft area is open and is divided between 4 flats on the same floor. There used to be ...

Succession certificate for Pune apartment flat

My mother (69) and my maternal cousin brother (deceased in 2019) son of my late aunt (deceased in 2018) both Mumbai residents are currently joint owners of 2 adjoining flats in a Pune based apartment building (not CHS). We presently not able to trace my cousin brother's flats nomination nor Will document. So our Pune apartment secretary/office bearers have requested us to get succession cert...

False claim on property and playing fraud upon the court

Sir, I filed suit in year 2018, for permanent injunction and declaration on site. Defendant in year 2020, filed petition for Additional Written Statement with reference to exchange deed between two persons, claiming a site which is at 350 feet away from Suit Schedule Property. As I reported no objection and no counter, the petition for Additional Written Statement is allowed. It confirms the pr...

Builder Cheated with Cash Money

Hi, I had a contract with a builder to construct my home. The builder sent an agreement initially for 2.15 cr, we signed and started work. I gave then 7 L via ACC and 35 L via cash as part of the first 4 stages of payment. Later on a different date we put another agreement for removing the cash part and this agreement is now for 1.75 Cr. After a few days of commencing the project, I came to...

Panchayat sanctioned notice to stop construction due to setback rules

Hello, I have my ancestral house in rural area of West Bengal that is under the jurisdiction of a gram panchayat. A boundary wall is already there from long time as well as the neighbour's house is also present on that side of the house. A demarcated milestone is put in between the midway between my boundary wall and their house, which is almost at a distance of 1.5 feet from both sides. Now ...

Vested interest and multiple bankrupt companies under builder

Hi, my building is going under redevelopment but the managing committee and others insist on a builder who is giving 2% less space then other competing builder and has multiple struck off(bankrupt companies) listed under mca which can be seen online. following are more points to not go with the builder but managing comitee is adamant that our way or highway: 1. builder's mother and fa...

Redevelopment

Dear Sir, I am holding a flat at Ambernath of 850 sq feet + 106 sq feet Open Terrace. Our Building is going for redevelopment. I am the Third Buyer of the Flat. The First Registered Agreement for Sale mentions 850 sq feet + 106 sq feet Open Terrace. The Second Registered Agreement for Sale also mentions 850 sq feet + 106 sq feet Open Terrace. Both the Agreements are registered and necess...

Shared House with Partition: My Uncle Wants to Build, But I Can’t Afford to Rebuild—What Should I Do?

I need some advice regarding a situation with my family home. We have an old house that's been in our family for a long time. It's built using traditional methods with mud and wooden structures—no concrete. The house is large but quite old. Our family includes my mother, father, and me. My father has a brother who wants to build a house on his side of our property. We’ve already separated our l...

Full Repayment Demand Despite CGTMSE Coverage and Mortgage Dispute

I am currently involved in a legal dispute with the Bank of India regarding a ₹50 lakh loan that has now ballooned to ₹61 lakhs due to penalties and other charges. This loan is partially secured by a property mortgage valued at ₹32.03 lakhs, and ₹17.97 lakhs of it is covered under the CGTMSE scheme. In December 2023, I received a letter from the bank’s previous manager stating that the mortgage...

Transfer of property

Hey, my mum has got a land from her father and her sister and her husband weren't allowing her to sell the property, they said that they have given some gold and done my mother's marriage. At first they weren't ready to give the property only, later however court has given equal share of land and now they are stoping them later with the help of police land has been sold with consent that , the ...

Buffer zone

Dear Lawyers, We planned to purchase a house ( resale one, A katha and clear from all encumbrances, plan approved by BBMP in 2015) in Bangalore located in a place called Doddabommasandra. The house is near by the doddabommasandra lake. BBMP has constructed a fencing around the lake, with a walking track all around the lake and made arrangements for people to sit around and chat: All these ( wal...

Guardian misc case

The applicant is the natural mother of the minor daughter Malati Pradhan . Father of the minor and husband of the applicant Kalandi Charan -Pradhan died on 23.08.2017 As the applicant is the natural mother of the minor girl Malati Pradhanand the minor daughter is in the custody of the applicant and also looking after the welfare education of the minor . The minor has also another two s...

Required Legal Heir Certificate from Councilor of the local ward

That me and my father have a property at Gangajuara, Mouza - Tihuria, P.S. & P.O. - Sonarpur, South 24 Parganas, West Bengal. The particular land was mutated under our name in the ratio of 50:50 with two khatian nos. My father since deceased on 6th September, 2023 & I've already sold some parts of the land pertaining to my khatian No. and the same was mutated by the purchaser from Sonarpur BLRO...

Parking allocation disputes affecting building maintenance

We are residents of a 2014-completed building, comprising four floors, with allocated parking spaces for each unit. However, due to the plot's small size, the parking spaces are not adequately sized. The builder designated parking spaces 4-5 years after construction, but now, 10 years later, a few flat owners are raising disputes and obstructing regular building maintenance. Despite our attempt...

My grandfather sold my father's house that he build with his money with my grandfather's clarification but now he sold the house

My grandfather have two properties one in rajasthan another 2000 sq.ft and one in Assam in raj. My father build a house on this land in about 750 sq. Ft and in Assam there a house my grandfather built and 3 shops. In Assam in 3 of the 2 shops my father and grandfather started a business in which grandfather lent money to father and told my father to take all the risk of the business as he will...