Legal questions on Property Law

Revoking POA against promoter of property

We have an undivided ancestral property in Kolkata (south). We are five shareholders of the property. one part (50%) consists of my fast cousin's (now deceased) family and the other (50%) part is shared equally by me and my brother. Recently we have decided to enter into a joint venture agreement with a local promoter on 50-50 basis. Owners allocation of 50% will be like, first part will get ...

additional charges put by builder at the time of Possession.

1. I had booked a property in Jan2011 at Noida Extension, Uttar Pradesh (Financed through Bank loan) 2. My payment plan was Flexi Payment plan. 3. The property was supposed to be completed by May2012 as pet the original allotment letter 4. There was a dispute in the area with farmers and the construction in the whole region was stopped. 5. As per my payment plan, I was supposed to pay 40% w...

Sale Deed Before Section 4, Mutation Application Before Section 4

I Had Purchased land in year May 2010, I Had instantly applied for Mutation along with necessary documents. In the year 2013 mid I came to know that my Mutation Application was rejected by citing a prohibitory letter. I was under impression that property is mutated till i obtained the 7/12 for further development. I had registered property after taking all the necesary steps as known to me, l...

Conditional conveyance/sale deed

I had purchased a property (Villa) from Builder (Omaxe Ltd). Recently they had transferred property by performing Deed of Sale/Conveyance in favor of me and it is registered now. This deed is look like more an agreement. This deed has many clause few of them given below. 1. That the Purchaser/Vendee shall not change color scheme of the outer walls or painting of exterior side of doors and wi...

Preparing a will

Dear Team, I have a query regarding how to execute a will under the following situation. I am 35 and married. I have a sister too who is already married. At the time of my sister's marriage, my father did the partition of all his property and gave me and my sister our share. I got 50 cents with our house and 40 cents were registered in my sister's name. While my father did the partit...

Acquirement of own share of property

Firstly, let me describe the state of affairs: My late grandfather bought a plot of land (10 kottahs) alongwith a house. After his demise,the entire property was mutated with My grandmom,dad,3 uncles and an aunt, declaring all six of them as the owners of the property. Currently,since the house is in a very delapidated condition,and not large enough,some of us want a partition to be done. But a...

Withdrawal without consent from personnel salary account

It is a pure case of revenge on lower grade employee, (AS WITHDRAWAL WITHOUT CONSENT FROM OUR JOINT ACCOUNT IN NAME OF 3 PERSONS) The amount debited was a wrongful credit given to my account, when it was given, and by whom it was given, and regarding excess salary paid to employees, Government of India guidelines not followed, and the industry do not have independent guidelines till date, ta...

Advice regarding my probate case

My family has recently filed a case of probate of will at Saket court, Delhi. There are 2 brothers, my father being the elder, and 3 sisters(all married with family).The will is about our 2 floor home - uncle staying on the ground floor and my family on the first floor. The will was made by my late grandmother and it says that the rights of the ground floor belong to my uncle, whereas the right...

Builder Forcing to sign Letter & giving back dated poss letter

I have purchased flat with above builder in Grace Square Project with proper registered agreement. The builder has given possession on June 2015 as per agreement. He also issued OC from Thane Municipal Corporation for the said project. Now my issues are as follows: 1) Though he has given possession and OC, he is not giving the possession letter. He is forcing us to sign "Consent Letter" and...

father sold flat and made fixed deposit with the funds,no will

Hello Sir / Madam, My father sold his self-owned 1bhk flat in gujarat for 18 lacs in 2010 following a dispute ( elder son HIT HIM) with his elder son and daughter-in-law. We are 3 siblings. Eldest son(42) married with kid,daughter (45) married with kids and then me the youngest(38) married. We all are catholics. Father has made a fixed deposit of different amounts totalling to 18lacs and ...

Parking issues in cghs delhi

Dear Sir, I have been a resident of a CGHS society in Dwarka, in Delhi for over 12 years now. I am the second owner of the flat. I have been allotted a covered parking on the ground floor which has another flats parking such that it blocks a clear exit. My parking does not have a exit facing design but is sort of perpendicular to the exit. If I try hard I can barely manage to park my car in my...

Recovery of arrears: Common Maintenance Charges

Liability of dues of old owner of the apartment 1. There are provisions for realisation of the arrears either from the old owner or the new owner of the apartment. Please read the Section – 16 of the West Bengal Apartment Ownership Association, 1972: Liability for unpaid common expenses : Upon the sale of an apartment, the purchaser of the apartment shall be jointly and severally liable with t...

Owner not willing to have new tenant before month end

I am residing in a 1 BHK house since January 2014. I was searching for a new house in a different area and have found the same. But, it has only been post 1st of the month. Now, I want to vacate the house by 10th and am asking the owner to either look for a new tenant or let me find someone who can replace me as soon as possible so that the rent is not affected. I am ready to pay the rent till ...

Flat transfer to daughter

Dear Mr. Sethi, Need your advice on some queries related to a flat which is own my by parents in india and they are staying in Bahrain. We are 2 sisters and 1 brother. Both of us are settled. my brother is settled in Dubai with his family. but fast few years ne not been taking care of my parents they are 85 plus years. They keep calling him but he not responding or aking care of their day t...

Purchase of Granted land in Karnataka

Hi All, My name is Kiran and I am in a fix with a agricultural land that my father purchased. The details are below; 1. My father purchased a piece of land in Dharwad (Karnataka) in the year 1974. 2. The EC shows to be clear in titiles and ha all my family members name on it. 3. We wanted to sell this land and made few checks at local (Dharwad) tehisildar's office and found it to be cl...

Delay of Apartment flat possession for more than a year

Dear All, I bought a property in Bangalore East in 2013 Mar and the apartment is supposed to be completed and handed over for possession in May 2014 but actually it wasn't. I have paid almost 90% of the payment as agreed with the Builder. The Builder is a partnership firm that is run by 3 partners. The problem all started as 3 partners has some conflict issues internally and now one of the p...

Arbitration clause in builder buyer agreement

Dear Sir I had booked a flat in 2011 and later on the builder cancelled my flat as he had scrapped the tower in which i had booked. After many rounds of discussion he alloted me a new flat in some other tower and asked me to pay extra 5Lacs for the same. I booked the flat and put a case in consumer forum for my old flat cancellation and requested the forum to direct the builder for payme...

Forceful Entry and Possession of a Senior Citizen Property

Dear Sir/Madam. This is an appeal to your department. I am seeking justice and I have no choice but to compel to write to your department directly. I have lost all faith in the laws of India. I seek immediate justice. Six months ago my daughter in law left my house on her own free will. My son and my daughter in law are battling a divorce case in court, the case has not yet been filed. Th...

Agricultural land dispute

Am umarani,from madurai tamilnadu. my grandfather property(agriculture land) of 7 acres[ 80lakhs worth] in madurai belongs to 6 persons( my father (84yr old) and 5 daughters and am the second daughter). 15yrs ago , my father alone made a selling agreement with a person (rajasekar)[we 5 daughters didnt sign in that agreement],after that agreement was made rajasekar occupied our land and was not ...

Mumbai redevelopment of a private property in dispute

We are 3 equal shareholders of a private property -all of 1 family. I am in favor of giving our property for redevelopment to a builder -we also had talks with a couple of builders too in this regard. The 2nd shareholder (my cousin) is also in favor of redevelopment as it gives us profit both in terms of new house area sq. ft as well as some moolah but at the same time, is also happy with statu...