Legal questions on Property Law

Builder has charged me for Club charges and Covered Car Parking

My builder has charged me separately for Club charges and Covered Car Parking as I have paid him Rs. 350000 for this (over and above the flat cost). Recently I came to know that builder can not charge buyers for car parking as per honorable Supreme Court Judgement 2010. I went through the judgement and found that it talks about stilt and open parking but not explicitly on covered car parking. H...

Submitting Original Property documents to Court, in land despute.

Hi, we purchased a plot. when we purchased the land owner is given general power of attorney to my brother, after that land is registered on my mother's name. which is happened in 1989. but during some violence in city happened in 1989 the all records in registered office are set ablaze. So we cant get copy of the general power of attorney (Sale deed) at registered office. Now original la...

Can I still be a legal heir if Tenancy rights waived

I along with my sister and father were living in a room part of old chawl in central Mumbai which has been taken over recently by municipal corporation. There is a redevelopment proposal floated and now the developer is paying the rent to municipal corporation on everyone's behalf. I am currently out of India for employment purpose since last 2 years and will come back next year. The room was o...

Delaying in possession

I have booked 1 bhk by my hard earned money in rajnagar extension Ghaziabad in Red apple homes in 2012. I was committed that i will get possession in next 3 years. At that builder did not have GDA Approval and told me that in next few days they are likely to get approval. Half approval work has done and half is left, so very soon they expect approval from GDA. But unfortunately this approval pr...

Car Park allotment

Dear Sir, A Memorandum of agreement was made on 12/12/2010 on purchasing a flat with the builder. The apartment consists of 9 no’s of flats (Three no’s at Ground floor, 4 no’s at First floor and 2 no’s at 2nd floor) with only 4 no’s of covered car parking shown in the drawings which is given by the builder along with the agreement. I was asked to allot me a for separate car parking while ent...

Property share

My Husband and his dad had estranged relationship. When my father in law passed away, we were not told about his demise. Anyways we made to the funeral and my husband being the eldest son performed the last rites. Now after some time my mother in law and brother in law told my husband that my father in law had disowned him before his death. My husband is not greedy about his property but we sti...

Bipartite nomination agreement

Respected Sir, I am buying a ownership flat (completed) which was allotted to someone else (not registered) and this deal has been approved by the developer. I am concerned about the use of term 'Bipartite nomination agreement' instead of sale deed and the content written in it. It will be extremely helpful if you will advice upon the completeness and sufficiency of this agreement for the purp...

Agricultural land sold at enormous rate

Does selling a piece of agricultural land at a rate way higher than that defined by government beget the trial for the owner and broker? I bought a piece of land in Bhilai, Chhatttisgarh from a broker on a trust basis. The cost incurred was 23 lacs rupees. I was so naïve that I didn’t even bother to scrutinize the details back then. Now, when I’m all out to sell this property, I got to know ...

Which is the best option for transferring property - will or gift

We have a two-storeyed house in Kolkata. It is in the name of my widowed mother. The property got transferred to her name after the death of my father as per the will executed by him. We are two brothers and one married sister. Now my mother wants to make a deed in order to transfer the property(the said house) in our names after her death. She also wants to make it clear in the deed who will g...

Property Dispute with distant relative

Hi Experts, We have a joint property where my father and two uncles used to live together. History of Property: After partition when my grandparents came to India, my grandmother bought a house from his elder brother(She had 3 brothers) in 1972 and the irony was she never got the papers transferred but in good faith just gave money and started living and till date the house is in our cus...

Family property dispute

Sir, I wish to bring some facts before asking my doubt. Actually, my grand mother (mom's mom), who owned a house property in Chennai, was died in 2015. She has three sons and two daughters (including my mother). One of my uncles, i.e., my grand mother's son and my mother's elder brother, alone is residing in this house along with his family. After demise of my grand mother, my uncles have plann...

Property sharing among my husband and my step brother in law

My father-in-law got married twice.my mother-in-law died because of a snake bit .that time my husband was very small,maybe he was in sixth standard I think so.after that my father-in -law married to my step mother-in-law.my father-in-law is having three kids.my husband,my sister-in-law and step brother-in-law.my sister -in-law got married.before my marriage my husband has given everything (what...

Extra charges imposed in last demand as interest delayed payment

Sir, I had purchased a flat. 10% was given as booking. Agreement was made in april 2012. Now loan process was started. Builder was demanded installment in october 2012. Now, the loan was approved by bank in march 2013. Delay is due to uncompleted papers of builder side. As per the demand made by builder at that time, bank paid full amount. In demand letter, no interest on delay payment was men...

Conveyance registration fee

I have purchased a underconstruction flat in Mumbai.95% payment is done and builder has sent offer for possession. He has asked extra amont on name of Betterment of complex and amenities which I have refused to pay till k get a breakup and justification of the same. He has also asked amount for registration towards deed of conveyance.But the same is asked by builder in his account and not in...

Two Sale Agreements and One Share Certificate

Hi, I have bought flat on resale and in our society everyone has two agreements for a flat. Say for example 201 & 202 (considered as one Unit). But then the share certificate is single and is referred as B201/202. 1. Agreement one is registered in my name and my wife's 2. Agreement two is registered in my name and my mom's 3. Share Certificate has five shares and bears three names mine, ...

Property from mother

A. We are 2 sisters and 4 brother for our father and mother. 1) Elder sister birth during 1938 ( Married during 1959).2) Elder Brother 1940, 3) Sister 1950 ( Married during 1979)4) Brother 1954,5) Brother 1958 6) Myself 1961 B. Father worked in a factory up to 1976. The factory provided house on "Hire and Purchase basis". Father expired during 1983. After long fight by residents of such hou...

Delay in providing possession of flats

Hello, I have booked a flat in June 2012 in Ghaziabad when it has not even started construction. At the time of booking i was told that construction is about to start in next month but it took ages to get the excavation done. In the current status, where i have already given 70% of the amount, the construction of 5th floor slab has just completed. With the current status and progress of cons...

Borewell Drilling Scam in our Apartment

Dear all, I stay in an apartment in Bangalore and we have formed association to take care of apartment common areas and registered under societies act. We had water problem in 2012 and all members decided to drill a new borewell and collected Rs 5,000.00 from each flats. We have one member who owns 32 flats in our building. He has not paid the contribution from his flats and one day he himse...

Property Tax Payment for a GPA Property

Hi Team, I am planning to buy a flat in Manikonda/ Jagir Village in Hyderabad which is a Panchayat Approved. I have a some Questions : Currently the property is in a GPA which has been given by the builder. The property tax has not been paid by the owner for the last there years .When I approached the Gram Panchayat office they mentioned that once the property got registered we will do the ...

Will not acceptable

My father, retired central govt employee, died last December followed by 5 legal heirs. 1. Son from first (dead) wife 2. Second wife 3. Daughter from second wife 4. Daughter from second wife 5. Son from second wife His fist wife died in 1967, and he re married in 1976. My father constructed two storey bunglow during his life. The bunglow construction started in 1989 and completed in 199...