Legal questions on Property Law

Resale Flat Membership prior to Society formation

Dear Sir, I have purchased under construction flat from first owner in Pune. First owner was land owner and received flats under development agreement. I did registration in October 2012. First owner received possession letter from builder in December 2012. Meanwhile I took NOC from builder as demanded by SBI Bank for loan. Builder had given NOC without any trouble. I completed Sale Deed...

Rights in property

50 years ago my father got room from housing board on rental basis. later on housing board transfered ownership of said room to my father after payment of rs. 5000/-. five years back that old building was demolished under redevelopment plan, and old society was dissolved and when new society formed father transfered ownership to my mother. Now i found out that my mother didnot mentioned my name...

Backout of Real Estate Purchas agreement

Hello Sir/Ma'am, My name is Luke Burri residing in USA and I have made an apartment purchase agreement in Jan, 2015 in Chennai and the builder has orally promised to hand over the property by March and later said by May they would handover. In believing this I have come to India on Jun4th to do housewarming things etc. However, the builder doesn't seem to have any plans to handover the prope...

Cheated by the plot owner and builder

We have purchased a flat from the plot owner who was alotted 2 flats as payment for his plot by the builder.we have his signed agreement without the flat and building name as at the time of purchase the building was under construction and he was not sure which flat the builder will alot on 5th floor.the builder has built a 6 storey building of which first 3 have OC.After filing a criminal case ...

does adopted child claim property ?

Im adopted son my age is 24 (01 of July) .Our parents passed away since three years ago. Dad didnt leave any inheritance for us nor Will to three of us (children). Now my brother and sister tell me that i dont have any rights to claim for the property. Furthermore , they say that i had not been registered under the court as per laws for adopted children.To get money back from bank they (brother...

Court of Contempt on a Amicable Settlement

There was dispute pending in AD Court for a Specific Performance against a Sell Agreement of a 9 Bigha agriculture land against a Respondent land owner from 2004 for a specific portion of an undivided land 64 Bigha Land. In between there was a stay from High Court for status quo - pending in due course - on an undivided agriculture land by a co-tenant, due to what, the Mutation of the heirs ...

Rental Agreement

Hi Sir, A few important points from my agreement are: 1)The lessee has agreed to pay the monthly rent of Rs 9000 before 5th of every Calendar month. 2) The tenancy is for a period of 11 months commencing from 1st day of Nov 2014 to Oct 2015 which shall be continued by mutual consent between the parties. 3)The tenancy may be terminated by 1 month notice by one party to another the lessor ...

Validity of registered deed of cancellation

I had Purchased Land/ Villa on 6-5-15 at Gerugambakkam Chennai Tamil Nadu from manju foundation at cost of 68 lakhs. I have already paid sum of Rs. 63 Lakhs through bank cheques. I have to pay balance 0f 5 lakhs at the time of taking the keys of Villa.The villa likely to handed over to me within 10 days. Prior to our purchase the Villa land from Manju foundation, the same land/ Villa was sold ...

Harassment by managing committee members

I am putting up my queries/ situation in chronology of the event and am sorry for the lenght of this letter. 1. September 2009-We had purchased flat in re-sale, my late mother being the first holder and me, her son, the second holder. 2. At the time of purchase, we were demanded to pay Rs.2,00,000/- as outstanding construction cost. Which we did. 3. My mother expired in November 2012, mak...

Lease period over.

Hi Experts I have taken a lease house for period of 2 years in Bangalore from 06 June 2013 and unfortunately being uncomfortable with landlord’s restrictions, I have proposed to vacate the property start of the 6 months itself. They have displayed the to-let board almost from 1.5 years back itself but till now lease is not terminated. After asking numerous times all the time landlord was...

Non payment of maintenance to builder

I live in Pune in a complex of 140 apartments which was completed in Dec 2008. Since then, till July 2012 builder was looking after the complex. During this time, apartment owners and builder were at loggerheads due to various issues like 1) no availability of Pune Municipal Corporation water 2) non availability of audit of maintenance expenditure 3) builder not registering society etc Bui...

Underconstruction flat purchase in Pune

Hi Sir/Madam, I have purchased an under construction flat in Pune. The posession of the flat will be next year. The total saleble area of the flat is 1032 sq ft and the carpet are is around 780 sq ft. I am going to do the registration in next few days. I have following queries; 1. Builder is saying that he will mention only the carpet area and the property value in the agreement. Builtup/...

Rental Agreement Notice Period

Hi, I was staying at a rented house in Bangalore and had a rental agreement. It mentioned about 2 months notice period for leaving the house and one month rent would be deducted towards painting charges. I informed my landlord on Dec 5, 2014 about leaving the property by end of December as I had to shift to Odisha due to some emergency. I left the house on Dec last week. My owner asked me for ...

Land dispute

A local mill chowkidaar got his name entered into our ancestral property land record, few years ago. After following due course, his name was struck down by the SDM and land has been duly transferred to my father last year. Interestingly, the land is located close to a PSU office (the accused chowkidaar employed here) and their regional staff is trying to grab it in the name of Central governm...

Partition Suit

Dear Sir, I would like to know the procedure and time ( approx. ) taken to get a legal partition by filing a partition suit for a said property, The details of the property are as below. The property situated in a prime location in Bangalore with a size of 40 x 44 has been inherited by two sisters as both parents are deceased and left no will Both sisters initially ( when in good terms...

Tenant is musing property for commerical purpose.

My mother owns a house, a couple approached her to let her house for rent. My mother handed over the house to them.Meanwhile, we were in process to make Leave and Rent Agreement with them, but each time the couple denied to do the agreement. In within 5 days from when we handed house to them, we came to know from our neigh ours and other society members that he is not healthy for society and he...

Partition of ancestral property

Dear Sir, We are four brothers & four sisters, out of which one sister is no more. We have our ancestral property (house) which was bought by my father in the year 1959 in Delhi. Now my father and mother are no more. My father expired way back in 1976 and mother in 2006. We all brothers and sisters don't live in the property acquired by our father except one brother, who was working in Delhi. ...

Theft by finding

Please explain how ownership and unlawful possession of objects get defined while in public place. Suppose I find a purse in a train station and before I can submit it to the station master, police tracks it and charges me for theft. How does an owner claim his/her right on an object that is in his/her immediate possession? Is anything in a person's hand/pocket his/her(while in public place) ...

Plot related query for purchase

Hello sir, I recently have given some amount to developer(SRI DURGA PROPERTY) to purchase a plot(THE PLOT PLAN IS NAMED AS CHAISHALYA BY THE DEVELOPERS) in Bangalore north which comes under BIAPA approval.Me and developer came up with an agreement for 3 months saying the remaining amount will be given during registration by availing bank loan from LIC who have approved the plan. Now the agreem...

Father cheating on the sons money.

Hello, In 2008 , my father resigned from his job at 56 years and got 9 lakhs as PF and other benefits. He also has a site bought in his name. I completed education & got job in 2008 and was asked take care of them. Trusting my father, i kept sending him money for 6 years assuming my father will rationally spend and do the savings in my name. Since they had no home, i also invested in a home ...