Legal questions on Property Law

Can I get monetary compensation from builder?

We booked the flat and received an allotment letter, after that before signing and registering the builder buyer agreement builder received approval of new revised sanctioned plans and commencement certificate from Authorities. In revised plan the refuge area is moved to the opposite side of the flats shown in the previous sanctioned plan and this has caused projected elevation of 5feet on one ...

Used Forged POA to Execute Rerelease Deed

As per the 1969 partition deed, the land was co-owned by Frederick Miranda, Richard Miranda, and Leena Miranda. I, Vijesh Miranda, am the second son of Frederick Miranda. My father passed away in 2003, and my uncle, Richard Miranda, passed away in 2017. Originally, there was 1 acre and 10 cents of land, which was sold by Richard Miranda in 1991. He may have obtained signatures from my father...

Seepage issues

My below flat owner keeps complaining about leakage even after repeated washroom work. Even our previous owner has done coba work and second time even installed new tiles for the seepage. After purchase of this flat he again started harrassing us for the seepage. We called multiple plumber n contractor they said that all r tiles are sealed so there is no leakage. He didn't agreed to that, then ...

Making bonfire and buring trash

Dear sir, since 1 or two years, some of my neighbors any time have been making bonfire daily for cold at the right side of my house on public road instead of making bonfire at their house, farm or somewhere else where people won't be bothered by the smoke coming from the bonfire. Not just bonfire for cold they also many times or almost daily burn trash anytime. Much of the smoke from daily morn...

Neighbour Apartment, creating issue

I have bought 1 , 3 bhk in a small apartment which has 12 houses in total and 2 block, I stay in block 2 and block 1 is for 2 bhk , now the building lies in the dead end of the road , where the neighbour apartment has a gate facing the road , now even time we park the car in front of the apartment they always have an issue to and ask us to park with in the white line on the road , and we park i...

I don’t want to inherit my parents properties

My parents raised me and helped me in studying and i got a job. But there is so much influence from my father’s sister on my life. I have to do whatever she says. Till now my studies, dressing, food habits and even friends everything is decided according to her will. My father will do whatever she says. Till now I adjusted for everything and now she want me to marry to someone but i don’t like ...

Apartment maintenance charges, exclusively overhead water tanks, private terrace and exclusively hold part of parking area

In our apartment Located in Hyderabad each floor has 4 flats size (1095, 1204, 1500 and 1510 ) on 5th floor 2 single flats and 2 duplex flat with private terrace on 6th floor area of each around 3,900 Committee applied uniform 2K maintenance charges for all Also he owns half of portion of parking’s in cellar which he covered and locked and using it for storage purpose Moreover he is using e...

False case

My father in law is a nri and has property in India. His wife’s brother has been using the property for over 20 years rent free. My father in law was widowed in 2017. He has 3 children 1 son and 3 daughters. All 3 daughter cut all contact and ties with my father in law when my mother in law passed away in 2017. He is not aware of where they live. He is over 80 years of age and wishes to settle ...

Partition vs. Exchange Deed – Vertical Division of Property

I need legal advice regarding a family-owned property in Madhya Pradesh. The property currently consists of: Ground floor – owned by my Father First floor – owned by my Tauji (Father's brother) (He is no more and it is on the name of his 2 sons and mother) Common area and terrace - Equally divided We now wish to divide the property vertically, so that both can sell our portions separat...

No vehicle road to my house

Hi, I have a residential property (8.25 cents) in Karnataka which has a 3 feet public road from the main road. The road doesn't have a boundary on one side and is adjacent to a private residential property. The other side of the road is walled. Mid way through the pathway, the road starts inclining upwards which starts with 3 to 4 steps at the bottom. So our house is at height from the main ro...

My father in law has disinherited his son(My husband) because my husband didn't support father's extramarital affair.

My father in law has legally disinherited my husband for the above reason, where as due to his affair, my mother in law has shifted to the ground floor flat with us as she can't take my father in law's disrespect towards her anymore, he abuses and mentally torment us every time he gets the chance to do so. he has once slapped my mother-in-law(past) because she stopped him to go to the other wom...

Land in front of the house captured with chains and pillars

This is about a three-storey building in Mohan Nagar, Ghaziabad. My mother's flat is on top floor with terrace rights. There is no parking allotted in the building for any floor and people park outside the houses in that street. The ground floor owner has captured 6 ft area in front of the gates which is a public area under Nagar Nigam, however they have captured the area and restrict its usage...

Landloard not refunding token money which was paid while finalizing rental home

I had fixed rental home on 3rd Jan 2025 by giving token amount of 10000 rupees at time of discussion we had conveyed to owner that we will make agreement of 15th Jan 2025 but 4 to 5 days can be extented till 20th Jan 2025 we will complete our agreement part but for some reason we were unable to move into flat and we conveyed this to owner on 17th Jan 2025 to search for new tenant but the owner ...

Misrepresentation during sale of property, builder gave old RERA certificate.

I have purchased a flat in Raymond thane in Sep 2022.The project has multiple towers. For my tower project commencement date is 25 March 2022 and while registration we were told RERA possession date is June 2025, same is given RERA certificate which was attached to registration copy. Now builder is saying RERA has revised RERA possession date by their own and giving us new RERA certificate havi...

Paternal grandmother changed the will without my father knowing

Context- My father has two younger sisters, who are all in their 60's. One of the sister is unmarried and the other one is divorced and has a daughter (married). My father has been based in the gulf for the past 40 years and my grandmother, grandfather and both my aunts lived back home. In 1994 he purchased a house and gifted it to my paternal grandmother (she was the owner of the house), in 20...

Redevelopment committee enforcing lottery system for flat allocation

I am living in a pagdi system in Mumbai. In our current settlement, two buildings of different owners (both comes under pagdi) are attached to each other. Because of the existing architecture, both buildings needs to go under redevelopment together. Our building has a road facing flats, whereas the other building tenants are living on the back side. For the redevelopment, we are insisting on ge...

Legal and Practical Clarifications on Pre-Launch Apartment Purchase

I am currently in negotiations with a builder regarding the purchase of a pre-launch apartment located in North Bangalore. The builder has offered me an attractive pre-launch price; however, the project is yet to receive both the building plan approval and RERA registration. The following terms have been proposed: I would need to pay the advance amount through a loan. The builder will issue...

Absolute sale of subdivided plot

I bought a 800sqft emplty plot as absolute sale in 2022 in Chennai. This is Block C of a subdivision that was originally planned as Blocks A, B and C for a total area of 5080 sqft in 2012 and approved by CMDA. The original subdivision has a 12ft wide private passage between the three blocks to access public street. The developer built apartment in Blocks A and B with many violations of the appr...

Issues with Flat Association and Car Parking

1) Our title deed mentions "the right to a car parking area" along with other rights such as indivisible interest etc. However, the flat association is objecting to our open parking on unused land around the building and also demanding a large sum of money for "preparing" the land (on common area) for parking. 2) Please note that the money specified in (1) is being demanded a) Within a s...

Maintenance charges applicability

Building does not have full OC or bcc no Bmc water also. Complained against society and builder for non compliances. MC fabricated false civil case of me not being owner instead say as per their records my father is owner and member. Got MC dismissed administrator appointment also later new MC took over. They initially submitted application for withdrawal of save stating no locus and being fals...