Legal questions on Property Law

How to oppose auction under Indian SARFAESI act by third parties?

A lawyer sold us flats in a bldg. (group houses) constructed with a Bank loan in 2005. The property was charged to the bank under UnRegd Equitable Mortgage. Without any knowledge of the said mortgage, we had subsequently purchased the flats during 2005–07 duly registering our sale deeds, since there was no encumbrance on the property in Govt land records. Now Bank brought property to auction fo...

Compensation matter

I have purchased a agricultural land from seller in year 2014 situated at Sultanpur, UP.But I have not done mutation in my name.In the year 2016 Some area of land was notified for acquisation by state government for Purvanchal expressway. Seller took the advantage of his name in revenu record and did a registered sale deed in favor of Purvanchal expressway on dated 2nd Dec 2016. When the matte...

Son's Rights on Deceased Mother's Properties and Assets

Dear Friends My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate. (1) A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father (2) A farm house plot which is in joint name with my father where my mother is the primary holder (my father ha...

Title Right

Sir, I have purchased a plot by sale deed in 2006 from A. It got mutated in my name in 2007 and I am continuously paying rent till 2017-18. In 2015, i got LPC (Land Possession Certificate) for the same plot. Recently a person filed a revision appeal in LRDC office claiming the right over the same plot stating that the same plot was sold by A to B in 1980 but was not mutated till now. In 1988 fi...

Case for Full Share of a House.

Hello, My name is Adil K. Both my parents are deceased. I have an older brother who lives in Oman since 1980s, my parents used to be completely dependent on me financially. I have never asked for money from my brother because I had no issues taking care of my parents. Me and my family reside in the neighbouring building which is my father-in-law's house and my parents used to live in their hous...

Unlivable Conditions so vacating the premises

Due to structural issues, There has been water entering our house of heights upto 2 feet. Please note: It is complete sewage water. This water comes from leakages from the walls and reverse flowing from the drains in bathrooms and balcony. Due to the occurrences of the above situation we had informed our owner to make necessary repairs or changes to the structure. But he failed to make any...

Can a conditional gift deed be revoked?

My late grandfather (the donor) donated a piece of land to a education society (donee) through conditional gift deed with the first condition that the donor will be the permanent member of the educational society and on his death his nominee, second condition the land should be used for education purpose and nothing else, the school should be named specifically after the donor's name. The gift ...

My uncle cheated my Dad - Property of ancestors

Hello. My grandfather were two brothers, my grandfather has only son my father, and other grandfather has two sons. When both grandfather died. The property (11-Bigaha) was divided as half (5 1/2 Bigaha) under my fathers name and other half (51/2 Bigaha) between both of my uncle. One of my uncle is running educational institution, and when he require money or property to be shown under his name...

Kattha for indiviuals

Sir, We are 8 sibling to our parents and 5 are sons and 3 daughters. My late father left a will which was probated and as per my mothers wishes the old house in which we were staying was demolished and 5 flats constructed before my mom passed away. I as the eldest son executed the will as stated in will. 1.The flats were constructed without approval from the CMDA and now for regularization p...

Time frame for compensation for delayed posseion of property

We booked a flat and registered in Nov 12. As per the the agreement, possession was on June 14, with grace period of 6 months. We have paid 85% of flat cost till now and now received demand note for balance payment with common maintenance charges etc. Developer has not provided any amenities as shown the plan like swimming pool, club house etc. We are following up with builder for past 6 months...

Grandmother property legal heir clarification

Hi Property purchased by grandfather in the name of grandmother Very old case of late 1950s Both grandparents are deceased before 2005 leaving 2 sons and 2 grand daughters all married before 2005 Grandmother wrote a batwaranama in a notarised document now not clearly readable - contents were part of the property in the name of the two sons and part of the property on her own name Now w...

Dispute in ancestral property

Hello sir my name is ankita.this property is of my grandfather who died when my father was 2 year old.my father are three brother, my father is younger. first older brother died.older brother's sons have the registry of house.my father is very polite and simple person...older brother's sons take advantage of my father politness and they harras in every aspect. they dont want to give the portio...

The property rental company refuses to return my security deposit

I have rented a property in Sushant lok, Gurgaon, on the 5th of September. The property is managed and rented out by a private company called Long Stay Homes Pvt. Ltd., and has 3 rooms with 2 girls each. When I moved in, I was only made to sign a log-in paper which had terms like House rules, provisions, etc. and I wasn't given a copy of it even when I asked. They said they'd give it to me with...

Disclosure of Parking lot allotment

Hi, I purchased a ready-to-move-in flat in Bangalore recently. During the initial discussion the sales people told me that allotment of the parking lots were done only for those people who got the possession based on lottery and now they would allot based on individual preference from the remaining lots. From the date of booking till registration I had been inquiring about the allotment for my...

How to claim of wrong distribution of property

Case is more comlicated. My Grandfather is 115 yrs old and my Grandmother died in 96yrs or 103yrs ( not confirm). They have four sons(live) and one daughter(no more).First son(A) has two sons and one daughter. Second son(B) has two sons(I am one of them) and two daughter.Third son(C) has two sons and one daughter and Fourth and last son(D) has only two sons. All sons are married and their child...

Validity of rental agreement

Hi, I'm a tenant. In my rent agreement I have below points. 1. The rent is for a period of 11 months effective from {date}. 2. The tenant has to pay Rs.10,000/- as rent before 10th of each English calendar month. The rent will be increased every 11 months at 5%. ....... 7. Either party shall give 3 months advance notice for vacating the house premises if agreed upon mutually. There is n...

Owner (Landlord) Refusing to Refund Rent & Security of a Flat

I rented a flat at Dwarka Delhi on September 2, 2017. The owner took the following considerations from me 1. Rent for September 2017 and society charges (Rs 23,500 via Paytm and 2450 in cash) 2. Security deposit of 2 months (SELF Cheque - Rs 47,000 now encashed) 3. Agreement & Police verification expenses (Rs 3000 in cash) The keys were given to us on Sep 2. However we found that certain ...

Law against neighbour irresponsible behaviour

Hello sir / madam Their is leakage of water from neighbour house..the same leaked water is passing through our gate and whole area is become a dranage kind with faul smell and moaquitos around as well and whole of the area been green in color because of fungus. We have proved several times to neighbours who happen to be tentants staying. And they happen to tell their owner about the same w...

CRZ ( coastal area ) Not recieved O.C. Building of year 2011

Hi, I have purchased a flat in year 2010 and got possession in 2011. In this Building every one got loan approved by all banks like mine State Bank of India, HDFC, ICICI etc. I personally have done documentation in SBI as we know that no agents for SBI loans, we only have to go to Property Valuation and Inspection report by third party and submitted to bank. Now in March 2014 we got Proper...

Buying a house with land from a party having clear partition deed

Dear sir, i want to purchase an independent house with land from a party who has two brothers, the party has clear partition deed of his portion of property with site plan clearly marked the area of the portion, the property tax is being paid by the party in his name for his portion. in the partition deed it is written that some common area like walk way passage will be used by all parties comm...