Legal questions on Property Law

Property under Coercion and undue influence

This is regarding a site allotted in Mysore to my father recently according to the supreme court judgement. HISTORY: My father (Party A) had been allotted a MUDA site in approximately 1991-1992 and was asked by the authority to pay the full amount to have the site registered in his name. He was not interested in the proposed property the reason being the allotted site was in a very remote ar...

Property rights about grandson's

My grandfather age(90) my grandmother 70.they have 5 sons 1 daughter. First son 56 married 3 son's Second son 54 married 3 daughter's Third son 52 married 3 daughter's Fourth DAUGHTER 50 married 2sons 1 daughter Fifth son 48 married 3 daughter's sixth son 46 married 2 daughter's. My grandfather and grandmother have some propertys. 1 house present living and 4 sites in town. 1...

Cheque bounce sec 138

House constructed by a contractor who has claimed a case that total calculation of construction has a pending amount of 6,00,000 to be paid. By a section 138 act of cheque bounce. The cheque was given by the owner of the property before returning the money. And infact have paid it and registered a mortgage title deed that states " received by the lender amount of 6,00,000 by cash. After thi...

Regarding three settlement deeds

1) I have read in one of the settlement deed registration that when a senior citizen executes a deed a doctors wittness is essential sir please let me know such related judgements and also the act 2007. My father a senior citizen of Indian Airforce aged 89 yrs he had brain stroke, Heart problem,Hypertension, liver problem etc in the yrs 2006,2008,2009 We are 6 childrens My 4th brother fraudentl...

High Maintenance Charges by builder

1. Can builder fix maintenance charges based on per sq. ft. or any other method without consent of buyers under the guise that he put one clause in agreement that he (builder) would manage society for first three years and took our signatures while signing the sale deed or agreement? 2. He has also outsourced the society management to third party like JLL who now manages the property without ...

Neighbors nuisance

We live in Chennai with thatched roofed house. My parents are not well educated and they bought this land few years ago. We are not able to build a good house here. Problem here is my parents believes that the neighbors built their house in our land too by extending their walls. My parents were not aware of what is happening. They still continue to disturb us by throwing cigarettes and crackers...

Security deposit

I am living in a rented 3bhk flat in Bangalore with two other girls. The flat owner recently asked us to vacate the house within one month. We have a rental agreement which is valid till next March which mandates a two month notice period and payment of one month's rent as painting charges, in case we wish to vacate. I just moved in here, 6 months ago. I dont want to move. The owner is forceful...

Ancestral property

My widowed grandmother has 3 sons. Of which 2 (eldest and youngest)are married with children and the third(middle) is a religious Christian priest. The property is an agricultural land and is in the name of my grandmother. The eldest son is in possession of the land documents and other property receipts and electricity card. A portion of the land is let out on lease/rent for a dealer to park hi...

Transfer of flats in co op housing society

TWO flats in Co -Op Society were originally in the name of Smt. X an Hindu women. The purchase Agreement were entered by the Builder with Smt. X  The Share Certificates were originally issued in the name of of Smt. X 2.Smt. X, expired on 20/10/1987 intestate . At the time of her death Smt. X had left the following legal heirs ,a (Son)b(Daughter)c (Daughter) d) .( Husband) 3. Smt.X had ...

Bbmp a khata

Hi, I've come across a developer who claims to have a land parcel for which they have A khata and are planning to form a layout in which they can obtain individual A Khata for each plot in the layout. My doubts are: 1. How could they have obtained A Khata for the whole land parcel? The only way I can think of obtaining A Khata for any piece of land is when a builder gets a huge land D...

Circle and Sub Inspector are violating the order of court

Dear Sir/Madam, Myself Sandeep and I'm having a land of 26.4*18.2 mtr and I have built a home in that but in front of my house still 15feet is remaining the next to our property is the road as per records. But the defendants are threatening us by acquiring full road along with our 15feet where which is infront of my home. We have bring the TI, when we lodged the complaint in police station ...

Property bought without registration, owner claims for more money

Greetings for the day! My father has purchased a land belonging to his elder brother, who have two sons. The problem here is that- there wasn't any registration done for that keeping trust in the owner. Initial payment was done and remaining due was supposed to be paid later, which was agreed by both sides and documented. Now his son claims for more money for the same land although in the pa...

Property Dispute

Hi I just need suggestion on my family property dispute. My family has 2 brother and 1 sister my grand father died in 2014 before his death he made his will for his 30 year old property ie 2157 Sq feet (haryana), he distributed his house in two parts 1078 sq feet equally and mentioned in the will right side for his one son and left for his other son and clearly mentioned which part is for you...

Sales deed unregistered

Hi all, We are living in a house which was bought in 1979, we have sale deed but its not registered, it was written on my mom's name but our mom is not alive now. we are two brothers and father living now. My father wants to partition the house and register it on my and my bothers name. I'm planning to take house loan but bank people asking for registered sale deed which we don't have(ju...

Car Parking Slots

Hi Sir, I recently bought a flat in a building in bangalore. The sale deed clearly calls out stating one car parking per flat. The Seller Mr. X had clearly told us that the parking opposite Electrical panel is ours which is an independent parking slot. After we moved to the house a couple of owners in the flat are creating problem stating this is not your alloted parking and asking us to mov...

Charges at the time of Property Posession

Hi, I have an under-constructed flat in Greater Noida for which the possession was due in March 2016 as per agreement letter with an extended 6 months clause making the final possession in Sep 2016. Now the builder has moved the possession to Jan 2017. There is a penalty clause in agreement but have not received any payment from builder till date. During a meeting with buyers group they have...

Will on Notary in the name of 2nd Sibling leaving others

My mother had availed services of a notary for writing a will during June 2016, We are 7 member Hindu family incl.5 children - 1 son (Eldest) & 4 daughters (younger). Father Retired Railway employee residing with 2nd daughter. 1st daughter, a divorsee, no offspring, stayed with mother since 1990. Eldest Son, married, living with family (Wife & son) in another state due to private employment. 2n...

Potential buyer disagree to buy property and asks to return money

Dear Sir, I am NRE residing in Jeddah, Saudi and I was owning a small residential property (around 4 cents) at Kerala. I put this land on sale for 20 Lakhs about 1 year before (October 2015) due to some urgent cash requirements. Accordingly one person shown interest in this property on 1 November 2015. The potential buyer is also an NRE residing in Manama, BAHRAIN. He sent his representative...

How to share land between two brother

My father (A) and my Uncle (B) purchased a peace of land which government deed (dalil) have belong to them jointly. They purchased land from third party. The third party give us a separate land for road. Both of them construct their house separate side of the land. The separate road is belong to our side (A). My uncle use our side land in the from of walk way to reach the road. Because of walk ...

Car parking lot not mentioned in sale deed

Dear Sir, I am in Chennai. I bought a flat of 955 sq.ft. which is a 2 BHK one in the 2nd floor. There are 7 flats in my apartment. In GF 1 (2BHK flat), in 1st Floor 3 (2 2BHK flats and in 1 1BHK flat) and in 2nd Floor (2 2BHK flats and 1 1BHK flat). When I purchased my flat, the builder said all 2 BHK flats have car parking (i.e. 5 flats together and all of them are pretty much same size) and ...