Legal questions on Property Law

Sons rights in remarried mothers property

Situation: child A born from an earlier marriage. divorce issued, minor child A is in father's custody. mother remarried and had child B from current marriage. child A & father is citizen & resides in India child B & family is citizen & resides in the USA Assume mother has a valid and legal will that was prepared by an attorney / advocate. What right does child A (India citizen &...

Owner's association issues.

Hi, Greetings... I have certain queries pertaining to property law. Let me have your clarifications on these. We stay in Chennai in a flat comprising 84 apartments. 1. In a flat owner's association, can the election officer and assistant election officer be selected from non-owners, but a resident, without any legal backing. 2.Should the election be conducted on a democratic basis, ie. ...

Need legal advice regarding property sale

My grandfather and his two brothers opened a tailoring shop in a partnership business model in Kolkata. each one of them had 6-7 children. before they died each one of them nominated one of their sons to inherit the ownership of the shop. my grandfather nominated my father for the ownership. but since he was a lawyer himself he decided to transfer the ownership in my mom's name to avoid legal c...

Restitution of land

My mother had around 22 acres of land in her name since 1997-1998. The land originally belonged to her grandfather and was given to her after her marriage as a way of avoiding it being most under the urban land ceiling act. The 7/12 papers were also in my mother's name. My mother's younger brother, desired that land, and conspired with my mother's younger sister to commit fraud. All these th...

Flat handed over without amenities like RO plant,swim pool etc

In Chennai, the builder agreed to hand over possession by 31.12.12 through agreement.The project carries amenities like RO plant,swimming pool, club house, Gym etc. Flat handed over through a letter in Sep'15 without the specified amenities. Even till now the amenities not completed and project not handed over. We have paid the cost including amenities but builder delays. The agreement say the ...

Owner deducting random amount from our advance

We were 4 girls and we lived in his house for 1.5 years. The house was not painted when we moved in. We spoke to the previous tenant, the house was not even painted when she had moved in. So, the house has remained unpainted for 4 years. Now, once we have left, the owner is refusing to give back our advance amount without deducting 1 month's rent as expenses for painting, cleaning, repairs,...

Registration or Regularising

Hello to all, The flow my issue is as follows- 1. My dad has received a property on the basis of a GPA (unregistered) in the year 1990. It was not registered as the Govt. had stopped registration at that point of time (may be for few years). There is an express clause in the GPA, stating that owner himself will come and complete the registration in the future after govt. resumes registration....

Division of property (land) bought together.

I had bought piece of agriculture land with my father in law in a small town. The purchase was done in year 2011. we both share 1/2 part in this piece of land. I live in New Delhi and never had any direct control over this piece of land. It was all in good faith. My father in law is now ILL and now we do not want to keep this land. I wishes to sell it and use the proceeds for something else....

Land Dispute Issues

Hi, I bought land by an agreement with the seller(C) measuring 50ft by 47ft in a certain suburb. The seller gave me the original agreement he had exchanged with the original vendor. I immediately constructed three boys quarters and a pit latrine. After some three months, another person(B) came out with an agreement showing that he had purchased the same plot but measuring 47ft by 61ft from th...

Property issue with relatives.

I hail from Kolkata however due to ailment of my sister we moved to vellore, Tamil Nadu around 18 years back. She was treated in CMC, vellore. Since then, we are settled in vellore. In between this time, my grandmother expired(my grandfather had expired prior to this). My father had three brothers and two sisters. My father being eldest of all brothers and second eldest to a daughter. The daugh...

Fighting property fraud from last 10 year, can we expedite case

My family after staying in rent house in mumbai goregoan for 20 years tried to buy our first house in the year 2004. We had a deal to buy a resale flat in old with the owner who had two flats on the same floor. We had a deal to buy 1 flat for 10.50 lacs. Out which we paid 2.60lacs to society of the building by check as they had outstanding due towards society and we paid 3 lacs to the owner. W...

Property Dispute

Dear Sir, I am facing one of the property dispute and I need your suggestion and help. The background of the property is as follow: My Grandfather has two brother in which from my own grandfather he has two son and his (Grandafter's) brother has three daughter. All are married. My grandfather's brother has died very early and all his property belongs to his wife. Now she (My Grandfater's b...

Leaving property before 11 months, landlord is deducting deposit

Hi, I am staying in an apartment that I rented in January 2016. I paid deposit of 10 months and the same was acknowledged in the rental agreement. The agreement was directly with the owner. The agreement says that it will be refunded if house premises is in good condition. The agreement says that tenant has to do the painting work at the time of vacating the house premises, otherwise tha...

Issue with the property owner

Hello Sir/Madam(s), here i am providing my issue briefly. My father is a businessman having own shop. Around 10 years back we took a small room near our shop as a go-down on rental basis for storing our business related articles. In the mean time the owner of the go-down had taken money of around 5 lakhs from my father as a debt. After that we asked him about the money but he didn't repaid i...

Property name in of uncle but share certificate with me

Dear Team, Currently I am living in a half portion of bungalow. My uncle (father's brother - in whose name the property is there) lives in the other portion of the same bungalow. Possession wise half possession is with us, half is with him. We are staying here before him (we have got all the proofs) Bungalow was constructed (Land and construction expenses done) by my father. But the prope...

Property is not registered by the seller with the registrar

Hi, The Flat that I ('prospect buyer' of the property in query) am looking to buy was not registered by the current owner ('prospect seller') with the sub-registrar. Nor was the stamp duty paid by the current owner then. Property was bought by the current owner in 1986-87. I have not yet entered into an agreement to buy this property. The original copy of the property agreement is lost an...

Property

1.I am a muslim,belonging to a muslim family.My father(now deceased) married 2 women in his life time.Reason for second marriage was because he couldn't conceive children from the first wife,though he had 1 male child from the first marriage who is not mentally sound by birth and is till date not mentally sound.I am the first child from the second marriage. The first wife used to live in a joi...

Notice period of one months

I am tenant in pune region. I sent the 1 month notice period to my landlord to vacate the flats. Notice sent to him on 06- APR-2016 to vacate flat on 01-May-2016. Now my landlord is claiming that i have to pay rent for 2 months (APR and MAY as well) , he says that as u sent notice on 06-Apr-2016 which is 6 days delay and 1 month from that will be 05-May-2016 you need to pay May month rent as we...

Renewal of Agreement after giving notice

Hello, Our 11 months rental agreement ended on March 31, 2016 and we have given verbal notice to the landlord in the end of March that we would be leaving the house. However, as we would be staying in the house probably till end on May or leave it as soon as we find another house, our landlord says we will have to sign another agreement for 11 months as we would be still in the house till Ma...

Regaring Tax levied on purchase of property above 50 lacs

Hello Sir, My query is regarding the income tax levied on buying of property above 50 lacs. Please see below the details of my case. 1. I bought a flat rated above 50 lacs in the month of january 2013. 2. The full payment of this ready to move in flat was paid by march 2013. 3. Registry was delayed because the flat was not ready for possession and some work was to be done on that. 3...