Legal questions on Property Law

civil case landlord vs tenant

Hi, i filed a civil case against my tenant i.e. for shop in march 2009 and tis hazari court passed the judgment in my favour in sep 2013..i filed a case in bonafide need. Then after completing six months the tenant had to vacate the shop but on last day of six months i.e. on 27th march 2014 he went to high court with the and in july 2014, high court dismiss the case with granted him the time ti...

Agri land case

Hi, below im geving case u details, plz give me advice. My great grandfather has 2 sons A and B...... A and B (b is my grandfather). After the demise of my greatgrandfather i.e in the year 1975, he was servived by A and B mentioned above who was allotted with a piece of land. A was allotted with land survey number 100 and B was allotted with land survey number 101. But both were cross poss...

extension of lease agreement

dear sir, we have a lease agreement with a housing society for a period of 99yrs.I would like to know 1.After 99yrs I will have to restore possession to society.In order to retain possession if I make an agreement with the Chairman of society now regarding the renewal terms after expiry of lease agreement will it hold good.for eg: a Agreement on Rs 100 stamp paper stating lease can be renewed...

no originals of JDA and General Power of attorney with builder

Sir, I have booked a flat with a reputed builder by paying 20% upfront cost and went ahead for SBI home loan. home loan got rejected stating that the JDA and POA originals are not with the builder as its with the income tax department (builders docs has been taken away during a income tax raid). A case is going on with builder and IT department. HDFC is saying they can give the loan. we are ...

Inheritance of Property

Hi sir, In a family of 6.. Father Mother 2 Sons 2 Daughters.. Father didn't written any will and he died in last year. With the name of mother one property is written.@2nd son went to the register office with mother and make her to sign with his name. Now remaining kids wont do anything for this??.As @1st Son have no rights now??? [now @ 2nd son in another place and @1st son and mother are i...

Property Case

Dear Sir, I am a grandson & my grandfather case in going on in Honable High Court Bombay. My Grandfather had 5 sons, from which 4 were on behalf of the Developer's side. The case is regarding property. Two years back, the developer had filed a Writ Petition on my grandfather in the Honable High Court Bombay for demolishing the house. The matter is that, the builder has taken the property for...

Sell a land registered under Cooperative Housing Society

I have a piece of land which is a part of a Housing Coopertive Society ( formed in the 80's) and wish to sell. The Cooperative Society seems to have bylaws which states that I will have to surrender the land back to them and they will reimburse me based on current government rates and then its their discretion to sell it to their "waiting list" members. I have a buyer who is willing to pay th...

Ancestral property sold without consent of other parteners

Respected sir, due to sudden demise of my grandfather, our ancestral property is distributed in two names i.e. my father and uncle though they have two sisters their name does not appear on the SaatBara. In 2000, my uncle sold 11 Guntha of agriculture land to x person of our village. The sold land is in our possession since the verbal divide of our family and the buyer is having possession of a...

gift deed property

I wish to know the following: One person want to transfer ownership of a property (land with building) to her children and/or grandchild. It is a self purchased property. Property is in Karnataka state and the owner is also from karnataka. Children and grandchild is also from karnataka. With regard to this 1) Is gift deed the only way to do it ? Is there any other way to do it ? ...

Payment of Penalty by Promoter for delay in handing over flat

I booked flat with M/s 3C Company at NOIDA in year 2009. The PDC was March 2013 and still flat has not been handed over. Although there is a clause for payment of penalty on account of delay in possession, the promoter is quoting a clause from Builder Buyer Agreement which implies that any customer who has opted for construction linked payment plan and he has delayed even a single payment then ...

Refund of Deposit amount

Thomas / Chandini / Mary / Neeraj Dear Sir/Madam, This is in regards to a booking of 4 plots 30 lakhs ( from 4 persons) from a Bhiwadi based developer, SMART CITY DEVELOPERS PVT LTD at one of their projects in ALWAR- BHIWADI BYPASS ROAD, NEAR NEW BUS STAND (OPPSITE HANDER LOK CITY )TIZARA DIST. ALWAR - pin code - 301411 -RAJASTHAN pre-launch), during the month of Jan 2013 . Since then, the...

In complete work by builder for the apartment and cheque given.

Hello Sir, I booked an apartment with Tirumala constructions in Bangalore in the 2011 and after long delay the apartment was registered on May 31, 2014. Just before registration builder started forcing for payment of Rs. 1,35,000.00 towards services tax and then also assured to complete the pending work in 2 weeks. As work was incomplete even after 2 weeks i sent sms to builder to hold pr...

Managing Committe Not Functioning

Ours is a Registered Coop Housing Society, in Nashik and the Chairman was the Promoter Builder/Developer. I've purchased this flat 3 years ago but cannot have the same transferred to my name since no Managing Committee exists. The Society was registered in 2006 and building completed in 2008 with CC. It appears there is no Managing Committee and the Chairman signs off all documents although...

Agreement to sell cancellation and how to resell

Dear Sir, My father has entered into an agreement to sell in 2006 for a residential plot. Total sale amount 35 lac out of which that 5 lac amount is paid as token amount (biana) and 30 lac to be paid after three month as buyer take 3 month time to execute the agreement and to pay the balance 90% sale amount. I (daughter) have signed as witness in that agreement. • Now Mr Tarun who is the ...

Shop in Residential Area

Respected Sir, I want to know that whether shops can be opened in residential areas or not according to law. Actually there is one shop running right in front of our house, which had created a lot of trouble for us, and the distance between our house and that shop is very less, due to which when their customers speaks to them even in normal voice, their whole voice comes inside our house whic...

Correction Deed

I had purchased a commercial property in Bahadurgarh in Haryana. All documentation, payments, sales deed and registry happened as unit no 9. On the other side, builder when launched the project, developed 12 shops and provide the serial number to each shop as 1 to 12. Due to some reasons, builder collapsed shop no 1 & 2 and remain the serial number for other shops (3 to 12) as it is. Shop...

Is daughter entitled to get a share in father's property

Is daughter entitled to get a share in father self acquired property in India? What is the law of limitation in this case? 1. Schedule property A and B was self acquired property of the deceased who left it intestate at his death in year 1998. 2. He had two wives who are alive till now and both of them have sons and daughters. 3. The property was partitioned after obtaining consent from all...

clarity on clear and marketable title

It is a resale case of floor. The conveyance deed was executed in 1955. In 2001, owner transferred his property through GPA, SPA, ATS and WILL (all registered) executed on the same date in favor of HUF through its Karta. Receipt of consideration is nalso there, however, no stamp duty paid. However, just after 10 days of execution of above mentioned documents, transfree, the Karta of HUF died. D...

Pre-Termination of Rental Agreement

Dear Sir, We had got a rental apartment for a 3 year period with 11 months lock in. It says that after 11 months lock in period is over, if we wish to exit, we have to give a 2 month notice period and if we terminate before that, we have to pay the remaining rental for unused months as well. This is a 32 storey tower and we stay on the 24th floor. This place is close to railway tracks. ...

I am a LANDLORD What rights i have on the property ?

I have a property in mumbai which is around 2400 sqft given on pagdi to 10 tenants. Its been 30-40 yrs that they have been staying there,when my grandfather had built the chawls. After my grandfathers death my father did not look out for this property as he was busy making his life and jumping hurdles after the death of my grandfather. The lease rent was very low and they refused to pay and ...