Legal questions on Property Law

Refund of money for relaunch property

Hello sir/madam, I have invested in one of the prelaunch property which is 40 storeay builing from one of the reputed builder. The prelaunch was on terms that the work will strat in 2 years when they will get IOD and development agreement. If they fail to do so they will rfund our money with 15% interest back to us. From last two years we are waitning for IOD, but recently due to RERA the bu...

Execution of sale deed

I have a registered agreement of sale. And have take posession of my flat. The builder is now asking for Rs. 15000 only to get the draft copy inspite of me telling him that the full amount will be paid on the doing of the fair copy, I copy of sale deed issued to another resident estates that the vendor will decide to weather a cooperative society, or any other legal entity will be formed and I...

What action(s) can be taken against maintenance defaulters

I am a flat owner in a apartment township in Hyderabad that is very recently built and we already have a registered society. Right now we are facing problem with with flat owners who have not paid maintenance for many months (6 - 9 months) despite repeated public notices. We have dues amounting to 40+ lac from these flat owners. The water supply that we have (Manjira water) is metered su...

Sell Agreement and power of attorney

Hi, Recently am planning to buy a residential plot in sec-72 noida. Mr. X got this plot from noida authority via lottery system in around 2003 and this was sold to Mr. Y and his wife via sell agreement in around 2004. On the same day on which this plot was sold to Mr. Y, there is a Power of attorney on the name of daughter of Mr. Y made by Mr. X. Can Mr. X gave power of attorney to daught...

Grandfather not willing to give property to my mother

My grandfather has 5 daughters (no sons) and my mother is the eldest one. She has two daughters. Myself 23 years old and my sister(16 years). My father does agriculture . Due to family disputes my grandfather didnt keep any contact with us from last 9 years and he didnt informed us about any family related functions and removed my morher's name in all invitations . My mother went into dipressio...

Sign of Registrar on Registry Paper of Flat

Hi, I have a query regarding My flat Registry. I registered my flat in May 2016 through my Builder and has a loan against it in Axis bank. Now when I transferring my loan to HDFC bank, a lawyer from HDFC bank saw that in my Registry there is no sign of Registart on the back side of the last page in the Red color pen (although there are a proper sign on all the relevant pages). I reac...

Ots offered and deposited 25% of ots offer now refused

Sir, We have taken a CC loan of Rs.4.00 lacs (NPA) for our shop with mortgage a land in PNB and now shop is closed due to loss and bank offered OTS of Rs.1.50 lacs by showing the OTS documents and told to deposit 25% after signing this offer and the rest would be paid within 45 days. We paid 25% of OTS offer amount at the time of signing this offer and now branch refused to do OTS saying we ...

Flat delay in possession and poor construction work

Message sent to builder, Please read and help to do needful As informed earlier I am taking my case with consumer forum for Non compliance of "Agreement of Sale" Delay in possession handover, defective and faulty construction and trouble faced all these years.. I had booked a flat in 2009/10 with 50% payments towards purchase of Flat S-6, A1 Building in Gogol Hillside Residency.. At the t...

Divison of property in punjab

Sir, i am from ludhiana ( punjab).we are three real brothers.we have 1 property in ludhiana 1/3 each share of each brother.one brother is medically sick and cant even stand and he is on bed.doctor does not allow him to use even wheelchair.we want to physically divide the plot.the registry of the plot is 1/3 rd share of each brother.total area is 3400 square yards.we are living in this resident...

Legal process to sell an under construction home with a homeloan

Background: ========== * I purchase a home in North Bangalore during 2013 which is almost ready for possession in next few months. * I have the copy of registered "Agreement to Sell" as well as "Construction Agreement". * I have a home loan from ICICI on this home. * I still have some outstanding dues to the builder based on builder's completion of next steps i.e. OC and possession...

Height encroachment in dda sfs flat by ground floor flat owner

Hi, I stay in a dda sfs flat compound in Dwarka, Delhi. My ground floor neighbor is renovating his flat and has unduly extended a front terrace in the front of the house (23x6 ft) and in the process of creating a slant over it they have increased the height of the terrace beyond the limits of their roof and our floor height-wise. We had proposed to be allowed to use the additional area created...

Schedule page

I am trying to refinance my existing home with a new lender. I am 2nd owner of the property & my agreement with the 1st owner is clear. The legal team of new lender has raised a query about transaction between the builder & the 1st owner because in the Schedule page of the agreement property address is not mentioned. Property address is mentioned along with a floor plan as a separate page and t...

Land dispute with relative : gifted property

I am from Kottayam in Kerala and have a dispute going on with my close relatives who are also our neighbors. My father had a plot of land measuring 80 cents (0.4 acre). He divided this land in two and gifted to my brother and me. As per my official property ownership document, I’m supposed to have 60 cents of land. I would like to quote the exact words written on my brother’s document. He “h...

Due to additional burden of GST, can i cancel my flat booking

I had booked a flat on 29th April 2017 by paying 1.00 lacs booking amount. On 9th June, I received mail from builder regarding implementation of GST from 01 July 2017. On 30th June late evening, I received an email communique giving summary of key aspects relevant to GST i.e Sale of Flat under construction (i.e. sale before issuance of completion certificate or before first occupancy, whichever...

Daughter Right on Father Property

My Grandfather (still alive 2017 and fully active physically and mentally) inherited a residential property in Delhi through will from his father. My grandfather are 2 brothers both got 50% share. Later my grandfather settled/bought the share of his brother and got a release deed executed from him. My grandfather has one son and 3 daughters and approx 2 years ago he gifted his entire property t...

Mutation of sale deed without partition deed.

Hello, I have bought a plot in Kolkata which is a part of the full plot gifted to 2 brothers and 1 sister by Kolkata Municipal Corporation under the refugee act. The 3 owners verbally divided the plot in 3 more or less equal parts and have constructed their own houses. Now I bought one part of the plot from the son of one of the brothers who is the present owner of his father's part as the s...

Value of share certificate in CHSL post redevelopment

Background : The share certificates of old building carry authorised share capital, face value per share, flat no, distinct series of no of shares, name of original owner on front and transfer details on the reverse with signatures of Chairman, Secretary & MC member authorising transfers with date of transfer. Post redevelopment, in new building, flat numbers changed, new members are added and...

Dispute in demarcation of land

My grandfather owned a property which was left undivided even after his death. After a few years of his death, the property got divided between his 3 sons and 7 daughters, my father being one of them. The property is residential in nature, it has a big house shared jointly by 3 sons and 2 daughters (both unmarried). All ten brothers and sisters have received one document each from the Land Refo...

Property dispute

Dear Sir/Madam I am requesting opionion about property dispute with my family of 3 brothers and one sister. I live in Australia from 2001 and my family lives in India. My father passed away in 2007 and left property for our family. In fathers will, all of us were equal beneficiaries. I went to India 3 years ago as both brothers were fighting to get much pie of the share. When I went there, the...

Can an apartment committee block an owner taking service from a provider

Hi, I'm seeking advice on the aspect of responsibility of an apartment committee. I stay in a 80 flats complex in Bangalore. I'm interested in buying internet service from a provider (A) due to various reasons. Apartment committee is insisting that any service provider can only provide service in the apartment complex only if they setup their own servers, hubs, power sources etc. Consider...