Legal questions on Property Law

Son and daughter rights in a property

Hello, We are 2 sisters and one brother. I am eldest sister. After my marriage, my parents bought a land in 2001 after selling their previous self bought property in Delhi. Earlier and this property were both in my mother's name while she is a house wife. They took bank loan to build a house on that. My brother (middle child) was made a coborrower in that. My parents are staying in this h...

Enroachment of residential plot on road in front

Hello I need advice n solution for particular situation arise ,when my construction of house has began. According to situation details are 1. We had purchased plot admesuring 1230 sq ft from second party in may 2018. We got registered as third party . As per rules in Hyderabad we had paid all taxes and started the construction . 2.Actually first party owns land of 1000 sqyrd plot ,which has...

Will Issue

My fathers elder sister aged 80+ still alive and her husband passed away within 3 years after their marriage with out any children. They had a property in kanakapura and the will was in the name of my father who was the caretaker and he passed away in the year dec 2015 also my aunt was staying in her sisters house and when their family went to Qatar trip for a month later my younger brother had...

Unregistered will

My uncle had recieved a property ( house) from unregistred will from his father in 1970. His father died in 1972. My uncles father has 3 sons and 4 daughters. Without my uncles notice the rest of family members tried the sell the property which was written to my uncle in d will. They ( only 3 members) have taken some money from other party and wrote a agreement. But they have not registered the...

How to get vacated my house from a ST/SC tenant

Dear Sir I have given my leased house in Bhilai Chhattisgarh on rent to a ST/SC person on 1st march 2017 with a notarised agreement for 11 month.The agreement is not renewed further and the tenant is neither giving rent from July 2018 nor paid electricity/water bill for any of the month he lived in my house.Finally I decided to get my house vacated and give him a oral notice in the last week o...

Owner of flat

I got married in 2002 and did all for my wife. I supported her in higher studies and all life needs. That time her parents is against us. I purchased a flat in joint name of me and wife in 2009 which was registered in 2013. All the payment was done in cash or joint account but she was not earning before 2011 and not a single penny paid to the builder. All the money receipt given by builder is b...

Society's harrasment - what can i do legally

Recently, we moved to a society at Kolkata. The owner was a colleague of my husband. Around 20 other known colleagues stay in the same society. We were happy to move in as known people around will render a secure feeling. HUsband n myself came to see flat, twice. The manager was there, but he did not enlighten us further. The talks happen straight between the owner n us and soon we occupied the...

Fake will probated

Subsequent to institution of partition suit in CJSD Court, existence of an alleged will claimed by one op. No such will produced/placed in Civil Court, even on demand. Vaguely informed that the will has been submitted in appropriate court for probate. Later it transpired that months after filing of the Civil Suit, a Test Case in DJ Court was filed. The will recorded as annexed was not found in ...

Want to get refund on property investment

Dear sir, I am nri, invested with a builder in Bangalore for pre launch project 3.5 BHK in January 2016. I paid 95% of total amount as they gave less price also I took personal loan from city bank to pay the amount. Expected delivery was December 2017 after grace period it was maximum has to deliver by June 2018. But the builder unable to deliver the project. They keep on giving so many excu...

Land Dispute

My father, who is now 65, had purchased a plot 60*30 in the year 2004 from a local seller (Second Party) by paying the value of the land along with the stamp duty and registration charges, in Gulbarga District, Karnataka. That seller (Second Party) had bought the same plot from another Seller (first Party) in the year 1995 with all necessary sales deed and registration on Rs. 5000 stamp paper. ...

Society Maintenance Query

Hi, I have been living in a society for almost 2 years now. When I purchased the flat I had made an advance payment of 2 years maintenance charges. Now as this period is about to be over, the maintenance charges will start. The society RWA has formed and is in the process to take over the builder CRM. We recently received a maintenance advise from builder CRM (which going forward we will ...

Fine for parking in association owned spaces

Hi, My situation - I live in south Bengaluru in an apartment. Apartment is managed by owner’s association although it is not registered. Recently they started charging fine for parking in association owned parking slots. Although I know that slot was not allotted as there are few flats are still unsold. This is a 6-7 years old property. I was not present when parking slot was allotted. Becau...

Rent Act Pagari System

We are land-lord. A Shed structure (Commercial) was rented in two joint names under tenancy rent receipt. They two tenant formed a partnership firm & continued their business. Later after 10 years they separated themselves & particular commercial shed was divided equally between them, in equal portion with consent of us(Land-lord). After this one of tenant continued with half of portion with a ...

1BHK - Faulty construction and cheating

Respected Sir/Madam, I have purchased 1bhk flat 1.5 years back on 90% loan in 5 years old building, as I was looking to settle my life with family soon. After the purchase in one month, he repaired my entire bathroom by digging and replaced half the tiles. But the leakage still exists in interior walls and below in my parking lot (1st-floor Apartment). Next, we found out that the plaster was...

Neighbour issues

I am residing at first floor and the second floor has recently been purchased by a new owner and he is carrying out full fledged alterations and erecting new walls and construction and modifying the look of the floor completely. All the flooring has been removed and all the washrooms have been removed. Infact he is also developing 2 new washrooms in addition to renovating of the earlier one's. ...

What all Sections can be applied in this case

Respected Sir I was interested in purchasing a property from person A, which he has purchased it from person B. I have paid the Byana amount with registered Agreement to Sale. After i applied for the Loan from SBI bank, i got to know the title of the property is not clear. Person A bought this property from person B(wife of original plot allottee), where the allottee of this property died o...

Lease deed registered on the basis of unregistered memorandum of understanding.

3 properties all purchased and registered jointly in the name six brothers. each hold 1/6 th share on all properties. After 10 yrs misunderstanding arose between brothers and finally an MOU was written that brothers 1&2 was allotted 1st property ,3&4 was allotted second property 5&6 was alloted 3rd property and can do business of their own.Further properties allotted to all have to be partition...

NRI's Property in India (Mortgage & Family Issues)

Hi. My father was an Indian citizen till 2008 and has been another Asian country's citizen ever since. He has some land and a house in India much before that in joint ownership with his wife (who is still an Indian Citizen by living outside India). Ever since our family migrated here, he has been in some financial mishaps and wanted to sell the house and land in India. This was not possible as ...

Property Dispute

My father died in Jan 2017... In terms of property and savings, he had the will of parental family and his small portion of land on papers in his business (He has two more brothers in business involved), And the firm name is under proprietorship and his name is not involved on papers.... After his death, our house papers got transferred on my mother's name and after 8 months, I lost my mothe...

Validity of property sale agreement, its cancellation and refund of advance

Respected advocates, I had entered into an agreement to buy a property and this agreement was NOT registered and it has a time essence clause of 3 months. I was unable to buy the property as I was unable to arrange the funds because of unforeseen family partition and issues, hence I notified the seller of the same and he orally told take some more time. After another 3 months I was sure th...