Legal questions on Property Law

Property dispute in joint family

MY MOTHER BUILT THREE HOUSES i.e., 1 house in (2003) on the first floor of house built by my father 35 years ago (1982)in 30 x 40 site. My mother built another 2 houses (2008) in a different location in 30x30 site. Now mother wants to bulid 2 houses by demolishing the old house built in 1982 and 2003. and she wants to settle her property among her 4 sons(1 house to each son) But my wife w...

Parking rules for housing society

Hello, my building is over 40 years old and the builder had not made too much provision of parking as that time vehicle was supposed to be a luxury than a need. so he had made provisions for very few vehicles. Our society has about 45 members and we have car parking 8 Cars. Currently all this 8 car parking spaces are being occupied the members. Out of this 8 car parking spaces, 2 members have 2...

Entitlement to Delay Compensation

I had booked a flat for purchase in March, 2015. Agreement to sale had clause of handover within 30.6.2017(including 12 months' grace period), beyond which, the builder would pay a delay penalty as per the above agreement. When they were ready to handover, they mentioned via mail that I would not be able to take possession until registration of the property was carried out. I had already flagge...

Termination of rental agreement and provide eviction notice to tenat

Background: My tenants (whole sale pharmacy shop) with me 09 years in my property, entered with a rental agreement one of the condition of that agreement is rent will increase 10% each end of 4 years tenure and according to that we have renewed agreement last two times upon end of 4 years period (not registered agreement) and I have received rent (Rent paying per month INR-440) and gave them re...

How to do one time settlement with bank for home loan if bank does not have any original documents

One bank has given me balance transfer facility for home loan and signed agreement for same. Bank told that till the time original documents are not submitted to bank, bank will not charge full EMI and they will charge only interest on overall loan. So there will not be any deduction in principal amount even if i am ready to full EMI. Now all original documents of property are with me and i hav...

Legitimacy of a residents' group in a developer-administered residential complex

I live in a new residential complex in Navi Mumbai, which is currently administered and maintained by the real estate developer itself. As it is a new place, few residents come together to form a sort of advocacy group (neither legal nor official status) wanting to represent ALL residents (only those residing, not all home-buyers in the project) on matters of common interest, such as amenities ...

Registered gift deed cancellation by father

Hi my name is radhakrishna and in 2007 my father wanted to construct a 3 floor building on his land where all were staying and due to job i was placed either in chennai or sometimes for different projects abroad since ours is a big joint family where we all stay together (my father,mother,elder brother and familyand youger brother and family and i have one brother and sister who are mentally ...

Builder demanding Retrospective Maintenance Charges

Had purchased a flat in September 2016 which is built. I didn’t purchase the flat from the builder but from its previous owner who has purchased it from the builder. The apartment is maintained by the builder as he had not sold out all the flats. The builder was charging maintenance charges at Rs 2.25/ SQFT per month till March 2018. However, in a letter sent in March 2018, the builder stated ...

Telecommunication company not vacating land of installed tower

Dear Sir, One reputed telecom company entered into agreement with me for my land and installed tower there. for 6 years they paid rent without any default. For last 1 year no rent has been paid. On enquiry , by phone from our side, it came to know that recently company merged business with other telecom operator and shut their tower. Upon our follow up, they have Sent us notice that agreement i...

Tenant Landlord Issues

Hi Sir/Madam, I know an old lady living in my area. This Old lady is a widow and aged nearly 70 years. Her husband died 30 years before and they had no children. After the demise of her husband, she sold her own house to a neighbor (who is also a distance relative to her). The neighbor bought the house for sum of rupees and transferred the ownership to his name from her. During that time bo...

Harrasment by landlord

i am sanjeev sachdeva from dehradun, my wife taken rented commercial space for beauty parlour 8 months back,agreement not signed due to some reasons,but we have rent receipts,at the time of verbal agreement landlord assured us to take the shop for rent for atleast 3 years as her son is outstation for some work,but only after 1 month of our opening he came back after leaving his job,now he is ru...

Compound wall demolished without any prior notice

Dear Sir/Madam, I am from Kanyakumari district living outside the country. After my father's death my mother alone living in my home town. When my mother was not at home the government officials came with police protection and demolished our compound wall. My mother did not receive any notification recently, we have received a notice from local panchayat office 6 years ago and one of neighbor...

Can a gift deed revoked - Reg.

Can a gift deed revoked even after 15 years of execution. My parents have four children (two sons and two daughters), I am 2nd son and last child to my parents. My father has gifted me his self acquired house duly executing a gift deed in the year 2003 in my favour (2nd son), to express his gratitude towards my act of leaving my good Bank Job in the year 1992 and looking after my parents (then...

Partition of a Property created by Grandfather

1) I (Grandson) had filed a suit of Partition (in the year 1999, property created by my Grandfather), at the time of filing my Father was alive, but the lower court has given judgement (in 2003) and framed six points, of which two were against (adverse possession and partial partition). 2) Filed first appeal in DJ Court, judgement was pronounced (in 2013) in which those two points remain as i...

Can my sister and her husband challenged the will, transfer and gift from my Parents to me (Son)

Very good morning sir, With due respect, I would like to ask some queries regarding my rights on my parents property. I Suresh Kumar Patel have 1 younger sister. She got married in 2007. Right after her marriage my father giving money to her in parts and till now it will be approximately 9 -10 Lacs. It was not know to me and some how i came to know this. As my sister's and her husband's eye o...

Gift DEED, NOC (no objection certificate) and Power of Attorney

Situation as follows: Mother - Indian citizen but resident of Western country - living with her daughter there. Mother owns an apartment in Mumbai in a registered CHS (cooperative housing society) Daughter - is Citizen of Western country - but born and brought up in India. Daughter has OCI (Overseas citizen of India registration). Indian passport surrendered as Dual citizenship not permit...

Possession of house

This is regarding my father's native home in India. -> The house was in the name of my father's mother, my grandmother, -> my grandfather had passed away, -> my father also has passed away. -> He has 4 other brothers and a sister. -> We live outside India. -> My grandmother has also passed away, she used to live in the house. The area is surveyed and in land record along with the na...

Clarification on section 56-2(7) if it based on circle rate or d actual stamp duty

I have a small querry related with a property transaction one of our buyer is doing. He is buying a property(Original cost is 1.45Cr) at market value of 1.2Cr.Circle rate of this property is 80lakhs.As the property is getting transferred first in builder records n this buyer wud become owner first through endorsement n then builder wud get d conveyance deed done. builder is stating that the sta...

Can a son (or daughter) challenge parent's will on self-acquired property on grounds of inequality?

I have seen several discussions on written will on self-acquired assets and the ground rule is: "If the asset is self acquired by the parent and a will is made on that property, then it cannot be challenged. Son or daughter - doesn't matter." This question assumes few things: 1. The son (or daughter) cannot prove that the parent was forced to write the will in such a way that the other s...

How to distribute one single plot into two brothers?

Hi sir we live in Rajiv Nagar, Rohini Delhi area In 450 sq ft house. Me, my mother and my elder married brother with his 3 childrens. My father was passed away in 2017, he was also the owner of this plot, but he didn't make any distribution of property between me, mother and brother or my four married sisters. Me and my mother live in ground floor, and my elder brother with his family...