Legal questions on Property Law

Reg. Gift deed

Hi I bought an apartment in 2003. It was registered in both me and my father's name. I am in my mid career, and due to my job insecurities, I have decided to sell the flat(with consent of my father). Idea is to get rid of Housing loan completely and be debt free and deposit the rest of the proceeds as Savings or re-investment or both. My wife is working in her mid career and she is paying hi...

House Owner is charging a lot from the security deposit

I had been living in a rented accommodation, a 3 bhk individual house since 4 years. House owner was not keen on renewing the agreement after the 1st year so I did not do so. At the end of 4th year I was asked to vacate. During the notice period of 3 months we agreed that 2 months of rent would be deducted from security deposit. He wanted one month rent for painting charges. After vacating, he ...

Owner want 4 months to vacate house after selling, Should i buy?

I am buying a house on loan. The cost of house is 30 lacks. I have already paid 5 lacks to them as booking amount. All loan process is complete, only disbursement is pending. But now Owners(3 brothers) want to stay for 3-4 months after registration, because their new house is under construction. If i delay the registration now, then my loan sanction letter will become invalid after 2 months,...

Partition of immoveable property aquired through partial HUF fund

X is father of A, B & C sons. X had got through partition from his siblings property1 originally purchased by X's father. Sons A & B are not well educated and runs a small family business FB1 that X inherited by paying off compensation to his siblings and them signing release of it. C is educated works separately, with 50% financial help of C the family re-constructed property1 so that it could...

Builder payment for society NOC

This question pertains to Maharashtra state. I am looking to sell my flat in Dombivli and am in advanced stages of negotiation. I am first owner and hence understand I need to clear maintenance dues and transfer charges (50%) but to my surprise found another 1.13 lacs under the head "builder charges" and remark "common areas". On enquiring, found out builder is charging society for some of t...

Purchased land 32 years before, no mutation in 7/12 done.

My father purchased two plots of land 32 years before. My father is 100% blind, my grandfather has done everything at that time. but I think he had forgot to make mutation of 7/12. but he has two original documents, for first plot he has a sale deed (not on stamp paper) but having two small stamps stuck on first page and original signatures of seller and witnesses and his own. second plot, he...

Are the titiles of our flat clear

Respected Lawyers, I am really frustrated with hearing different things from different lawyers and not getting a clarity. Here is my case My father and his elder brother (my uncle) purchased a flat jointly, later on my father paid my uncle (who has passed away now) his share and a family settlement was done and my uncle released his rights on the flat, this was notarized with a lawyer but n...

Broker fraud

Dear Sir, I had contacted a broker in Mira Road (Mumbai) for finding a house for rent. He charges 2 months brokerage + registration charges. (14000+2000=Rs.16000). He had taken 5000 as token advance for initiating talks at builder office for approval as the new building is not under any co-operative society but directly under builder. After talks with approving member at builder's offic...

Transfer of open car parking space

I had bought a open parking space in august 2015 from a individual in my society. I have been parking my car since last 3 years there with no complications. We had informed the sale and submitted documents and a NOC for transfer of allotment from the owner itself for which the committed duly accepted. Three is a parking charge of 100 which is levied by society which continues to be charged on ...

Seepage from 2nd floor

I live in a housing society (ground + 3 floors). I have constant seepage from the home above mine. (I live on the ground floor). We've spent a lot of money on getting their floor fixed despite the fact that the landlord of first floor should have done that. We've told him verbally innumerable times that please get your drainage fixed but he has not done anything till now. Now the water is const...

Penal interest to be paid by developer is being contested

I had filed a case against a developer in 2015 in the consumer court. In Apr. 2017 the Judge passed a resolution that the developer or his rep. must be present in court as no one was coming from the dev. side. a non bailable warrant was issued in Apr.Inspite of that no one came to court. subsequently 2/3rd arrest warrant was issued. I met the DCP crime in August and appraised him of the same a...

Is it possible to appoint receiver for an partitioned property

Dear sir, We have some ancestral houses(around 8) in the city from our great grandfather. The property is still unpartitioned. Some of uncles and cousins are having physical possession of some house, some are sharing same house. Few of them have rebuilt the house in their possession. However every one agrees that property is disputed and objects any construction by others, time to time and ac...

Property issue between me and my father younger sister

Hi, This is not a ancestral property which I am telling you about, self earned property by my grandmother(dads mother). May be 5yrs back my grandmother shared the 15 acres between her, my dad and dads sister, 5 acres each. My grandmother wrote a will stating that till my sister gets married the property which she wrote for dads sister name, it will be in her name and while my sister getting ...

Holding charges

I booked a flat with TATA Reality at Nagpur and the agreement to sell was made in 2013, while the sale deed was executed only in July 2015. I paid all the installments in time except the last one due at the time of possession. The possession was offered to me in November 2016.I sued TATA reality for not providing me the exact product, they promised for.Now the judge of the consumer forum sugges...

Issue between rental family and the landlord

Hello Sir/Madam My name is Nimisha Sureka. We are a family of 6 members residing in a rental flat in Jaipur. We took the flat in April'17 and living till now. We have an agreement of 11 months with landlord. We pay our rent in advance (in cash) in the first week of every month. Now this flat has been sold to another person. Ex-landlord asked to vacant the flat as soon as possible. We told him,...

Property and/or monetary transactions

I am a Brahmin (Hindu) and a resident of Bihar, presently I live in Delhi with my family. My father had a history of taking Alcohol. Recently he had brain hemorrhage and he underwent a brain surgery. He is fine now (do I also need a medical certificate that he is mentally fit, which he is) but my family and I suspect that it is quite possible that someone (my real/cousin uncles or anyone else f...

Know the Rules of Co-operative Housing Society ?

Hello, I am a resident of Kalyan City, in Thane District, I am residing from 9 years in our Co-operative housing society and paying all the charges like maintenance,water, services & Sinking fund charges etc. on time to time. I want to know that if i wish to go to terrace (terrace is common for all not personal) for walking or meditation etc. than i have to ask for terrace key from secretary o...

Whose resposibility is it to get the Police verification done?

I am going to rent a flat in Mumbai from Sept 2017 on-wards. I am going to be the Licensee. The flat owner is putting a clause in the agreement as follows. I wanted to know whose responsibility is it to get the police verification of the tenant's done? ----------"The Licensee will make available report of Police Verification within thirty days of agreement to the Licensor; costs, fees, charge...

Encroachment of Common Areas by Society Members

Hello, I am a member of a Co-Op Hsg. Society ( Commercial Building ), some of the members of the Society ( Managing Committee Member ) have illegaly occupied common passage areas of the Society. I have written various complaint letters to the society pointing out the irregularities and requesting them to take action against the erring members. Unfortunately the chairman and the secretary are on...

Can I cancel an unregistered sale agreement of a land?

We had a disputed land which was under a court case. In 2009, we entered into an agreement on stamp paper with a buyer with the following conditions. (1)We accepted to receive the amount of Rs. 100,000 from the buyer. (2)A rate was decided to sell the land to the buyer at a fixed rate once the property comes on our name, if we win the case. (3)The agreement was made on a stamp paper and...