Legal questions on Property Law

Owner withholding security deposit for silly reasons

I have stayed in a flat in Hyderabad from 1st September 2012 to 31st March 2016. I paid 28000/- as a security deposit. Initially we made agreement for 11 months. However, I continued in a flat beyond 11 months from 1st September. Neither owner nor I insisted for rental agreement renewal. In February 1st Week I have given him a notice to vacate the flat by end of March. I paid him rent f...

Property gifted by me to be revoked

Dad retired in 1981. His benefits were not enough to buy a house. So, I applied for a loan in Feb 1981. It was solely in my name till 2015. In May 1981, I got married. My dad promised to pay all the instalments but he did not pay me the loan instalments from Feb 1981 to May 1981 and from 1991 till the loan account was closed.My parents got me married to a man whose first wife was dead. This wa...

Can Car Parking be taken away?

Hi, The project that I live in has 4 sectors, of which two sectors are ready and sold (1500 odd flats) 3rd and 4th under construction. In my sector there are 11 buildings and each building is being formed into a CHS society (60 flats each). The plan is that all societies will roll in into an association/federation/apex body. This body will manage the club house, gym, park and common areas. ...

Property Ownership rights

Dear Experts, My grandfather from mother's side bought a property back in 1978 and as he was not that educated the lawyer named the property paper GPA under my grandmother's name but the signature was all done by my grandfather only. after few years my grandfather's son (my uncle) suggested my grand father to transfer half of the property to my grand mother's and for that a Notary attested GPA...

Who will be the true owner of the property ??

Sir, This is a matter relating to my Grandmother & my father.... In 1953 my grandfather and his younger brother purchased a plot of land in Guwahati but in the name of my Grandmother(Chitha mutation but not registered) she was just 13 years old at that time..Then they lived happily in Hindu joint family..In 1987 my father built a house in this land where we are residing now... In 2004 My gra...

Powers of Govt. to acquire land for road widening ..

Sir, I would like your advice on following land related issue: 1.I have 2 acres of land on a state highway in U.P. purchased 12 years back.Recently it has been announced that it is being upgraded to national highway. 2.I had obtained NOC from PWD according to which I was supposed to leave 60 feet of land from the centre of road which I duly left for the boundary wall. 3.The site is for schoo...

Landlord forcing me to give house keys before returning deposit

I'm staying in a rented house for 2 years. Just 15 days before the end of the agreement, I informed the owner via phone that I would vacate the house in 30 days, and the owner acknowledged this. 10 days before the deadline: I informed the owner that I would be completely vacating the house in 5 days. I requested the owner to transfer the security deposit so that I can hand over the house ke...

OC Certificate inspite of illegal temple structure in the premise

Hi, I am a resident from Mumbai. We have purchased the property while being under-construction. It is a tower (22 floors). Currently it is built completely but we are yet to move in. The builder has built an illegal temple in the premises for a community that does not live in the building. First he build the entrance to the temple inside our premises. They had to enter our gate to go to the te...

Can builder ask for maintenance charges after possession but ,,

I booked a flat in Punjab from the builder in 2008 and builder offered me the possession in Dec 2012. Delayed possession but builder compensated the amount as per mutual understanding of both. Total flats in the complex is close to 800 and when builder given the physical possession in Feb 2013 construction was going on in the complex. Building got completed in 2015 and builder got the comple...

Lock in period in rental agreement

I toom a property on rental without having a look at the place physically myself. Paid an advance rent before i could see and on the saod date of visit, paid the deposit amount as well - Monday 5th Sep. However we did not like the place so informed the owner the next morning that we dont want to take the place and offered to compensate woth 2-3 months of rent. He indicated he needs to talk to l...

Delayed Delivery of Modular Kitchen

Hi, We worked with a company for three weeks (last week March 2016 and first two weeks in April 2016) and arrived at a kitchen plan and signed off on the plan of the kitchen with dimensions to the millimeter detail. I then confirmed my kitchen order from the same company On 17th of April where they claimed that every 22 days they ship out a kitchen from their production site and the kitch...

Is temporary employment considered as "employed" in law

Hi, I recently won the case from my tenant on the base of bona fide need in the lower court in Delhi. There is a shop that the tenant is occupying and we filed the case based on the fact that my wife who is a BA, BEd teacher and is unemployed and my father who is retired govt. servant and is now unemployed are in the need of the shop as they want to run a coaching center. Based on that we won t...

Can grand daughter claim on self acquired property of grandfather

My father died leaving without any will on his self acquired property. I am daughter to my father and i have one brother and one sister. My sister is not alive and my mother is still alive. My question is, can the daughters (one major and one minor) of my expired sister claim on the property of my father? Additional info: My sister's husband married after the death of my sister. The property i...

Can outsider file a case?

Hi, I am Praveen and I am living outside India. I have small doubt. In my town there was a big joint family where a father has around 11 sons. Now that father was expired and even some of his sons also expired. That father didn't divide his joint property. But internally his sons decided how to devide. But there was no written document or partition deed for that understanding. Now one of his so...

Gift deed of ancestral property

Sir we have undivided ancestral property, in which my grand mother, my father, and his younger brother (Uncle) is the legal heir, as my father was not in good terms with his brother (Uncle), my grand mother was staying with him for some time in those day he had asked my Grand mother to gift deed her undivided portion and a registered gift deed was executed between them,where she stated in deed ...

Tenant issue

I had given my flat on rent in Hyderabad. The rental agreement expired after 11 months but with mutual agreement and trust the tenant continued to stay for additional 3 years. There was lots of damage to the flat that I noticed after taking the vacant possession of the flat. Tenant is refusing for any damage repair adjustment from the security deposit and is not providing bank details so that I...

Execution of will to Joint names in property

My deceased father's ( Mr X) Will main clause reads as : "I hereby declare/bequeath that after my death my wife Smt A and my son Mr B will be the joint and complete owners (with equal rights of 50% each) of my said property No. 1234, Colony, New Delhi. And if my wife pre-deceased before me or without execute/transfer her share (ie 50%share) of said property, them her share devolves in favour ...

Tenant denying to vacate home and filing a false case on owner

Hello, I'm Shiva, I stay in Hyderabad in a rented flat. Our own house is in Shadnagar(Telangana). In 2013 my family moved to Hyderabad and we gave our house on rent. There were no agreements made(small town), as a owner we take one month rent from tenants(for the on going month). After 3 years in May 2016, our tenant started complaining that there is no water, we don't like staying in this h...

Parking purchased from builder in another society

Hello, I’m a resident of Pune and I live in a society registered under MCSA, 1960. Our society campus has 2 wings: Wing A and Wing B. The builder registered both these wings as separate societies. Before society formation, the builder sold 4 stilt car parking lots (reserved car parking) from Wing A Society to 4 members of Wing B Society. This was sold merely on the basis of parking allotment l...

Validity of Notarized GPA on Immovable Property in Karnataka 1996

Hi, My father purchased a immovable property in Bangalore Village Panchayat via GPA during 1996. The property was allotted by Govt of Karnataka in 1972 to the owner who belongs to Schedule Caste. As per law the owner didn't have rights to sell for 25 years of term from the day of allotment from Govt. Hence a GPA was executed via Notary where we have paid final amount. GPA was signed by Owner...