Legal questions on Property Law

Illegal construction of neighbour in common space for Light & ven

Hi Sir, In 2009 we constructed a two story house. At the time of marking rear neighbour requested to leave 1 & 1/2 feet of land vacant for "Light and ventilation" by promising that he will also leave 1 & 1/2 feet when he construct the house. We agreed and left the said space. In 2013 neighbour sold his land to some one else. Beginning of this year the new land owner started the construction ...

Pending Rent of 11 years in Mumbai due court case of Land Owners

Hello Sir, I stay in South Mumbai, nearby girgaon, we are tenant since last 3 generation, our Land Lord (LL) has not taken Rent from last 11 years as due to his case is going on in court regarding ownership of land against his own brother. We are 8 tenant residing in that premises. All tenant face same problem of pending rent from last 11 year. This premises is still in "Pagadi System". And...

Preventing family members from selling ancestral land

Hello Sir/Madam, I am looking for legal options that are available to prevent sell of ancestral agricultural land by my elder brother. To receive best consultation I would like to provide additional details below: issue:- we are three brothers, my mother is still alive but my father expired. i had bought some land 28 years ago on my mothers name but after that i moved from village to the...

Landlord refusing to return deposit until another tenant is found

Hello, I took a flat with two other guys on rent in July 2015. I paid the deposit of 40,000 to the owner. The 11 month rent agreement mentioned that I will have to give 45 days notice period before leaving. While signing the document , I didn't see that the date on agreement was of "2014". The agreement has name of only one flatmate but signature of everyone including owner. I informed the...

Land sale dead dispute and challenged

Dear Sir, I had purchased a land in 2010 from Mr Raj Kumar Yadav who was then registered owner of that land as per Bihar land & Reform land register record and the same was also authenticated and verified through the LPC certificate issued by CO (Circle Officer),even motation has been also done correctly in year 2008.All the land related taxes were collecting on his name since year 2008 till o...

Cancellation of Settlement Deed between mother and son

1.Son (Married and has a Kid of 3 years) who works out of India buys 2 apartments in Mother's name. 2.Son buys 2 properties for mother and gets it registered in mothers name from his own income while working abroad. 3.Son requests mother to do a settlement deed from Mother to Son after 10 years. 4.Mother does the settlement deed to Son as requested. 5.Settlement deed gets registered from...

Relinquishment Deed

Dear Sir, I am in the middle of buying a house in Ahmedabad. The owner is no more. He has not left any will. Now, the share certificate of the property is the name of the deseased and his wife (alive), allottment letter has name of wife, municipal tax in name of wife, tax bill in name of wife. But there is no sale deed as property is of 1993. Initially when they bought this house the name of t...

Right in grandmother's property which she got from her father

Dear Sir, I would like to buy a piece of land from a Hindu Nair family. Having read the document of the property, I have become confused. Please clarify my doubts so that I can either go ahead to buy it or abandon. The context to be examined by you is given below. A mother, who died without writing a will, gets her property by a partition taken place in the year 1956. This partition in 19...

Advocate Notice

My father was one of the Tenant & in respect of Development of the said premises entered into an agreement (through Notary/Notarial Certificate) with Constituted Attorney/Developer(1st part)interalia provided that he will be provided accommodation free of cost & transferring/Selling to others shall obtain written permission from the party of the 1st part. After my father died 2006 all legal hei...

Partition Suit

Dear Lawyer/Consultants, My grandmother had a property for which she made a will and it is divided according to the will between my father and his younger brother. They also got the partition deed done on stamp paper of 1% of esimated cost of the property at that time. The Partition deed was registered in Land and Development office, Vikas Sadan, New Delhi. The property was divided as front...

Grandfathers property mishandled by executor.

After her death my grandfather had a promoter demolish his mothers house, which he had bought in her name and in place of that house he had the promoter erect three interlinked apartment buildings of 4 floors each, the property was approximately 11 cottah and 8 chattacks. My grandfather had four brothers, and after the building was constructed he allowed his four younger brothers to choose thei...

Dispute for rented shop

Hi Sir/Ma'am, I have a rented shop for more than 60 Years now. Area of shop is around 500 sq feet and we are paying rent of 700 Rs per month. Rent is low because we have been staying on that property for very long (since my grandparent's time) and its very old constructions ( tin shed roof and old bricks clay walls). We never have had any rent agreement for that property. Now owner sudden...

Sez property issue and oci address proof

1. Builder has sold us a flat in the non processing zone of the SEZ , we now realizing flats cannot be sold only leased. Further we are being told flat in SEZ cannot be leased to anyone other than someone already operating in processing zone in the SEZ, so this sale is illegal. The builder is saying pay me more to apply for dual usage so we can have a legal possession of the flat and be allowed...

Can society cancel open parking of owner

Can society cancel the open parking of an owner of a flat. The Society has recently passed a rule in the AGM to cancel the parking allotted to my flat in Mumbai (which is currently occupied by the tenant) stating that there were lot of problem in parking the cars in society due to space constraints. Their reasoning is as per the open area parking policy, tenant cannot be given open parking if a...

Unjustified Charges of Interest and other at possession !

I have bought 1895 sqft flat in 2012 in Noida from reputed builder under CLP plan, I have following problems : 1. Builder raised demand of multiple milestones together and when investigated found them not be complete. I submitted photos and video to builder and sent them more than 10 emails denying wrong demand. But builder never gave me any answer. 2. They then offered me possession whil...

Gifted Property

Hi, My parents when got married 50 years ago, My father's sister in law (the property was on her name) gifted a house in Hyderabad as a marriage gift but no title change or written consent on that regard happened. She died very long back and my father's elder brother continued on her word. He died 20 years ago too. They have 3 children of their own and all knew that this was a gift from ...

Apartment vs co-op hsg society

We took possession of the flats in pune 20 years back. The builder wanted to form an apartment complex while majority of the members wanted to form a CHS. Our application at registrar's level was approved (140 of 170 members opted) whereas the builder went to the ministry of urban development and got our society derecognized on the ground that he had made the application for apartments earlier....

Husband died and now a woman wants share in property

Can a woman who had an affair with a married man who has two kids from his marriage demand for property share after his death?? His wife is not having a marriage certifiacte and she knows that so taking advantage of that she is asking for share in property claiming herself as his wife and says she has photos with her of same. His wife with two kids has a voting card and a passport mentioning he...

Access to my house

Hi, I have a property in chawl in Mumbai, my family had been living there for more than 35 years, recently my family shifted to some other location, now the problem has started once I was not at home the person living opposite to me has erected a gate at the access of my property, when I confronted him he said that " few days ago some Goans had came and were drinking and said something to his ...

Project delay and land owner issues

Hello sir, Our project is got delayed and also builder is absconding. Another issue is that there was a sharing agreement between land owner and builder with 60/ 40 %share means 60 % share belongs to builder and 40% belongs to land owner. This is agreement is done in 2013 when they started the project after that again they made another one sharing agreement in Jan 2014 which says that land is h...