Legal questions

Property under brother’s possession

My brother’s family is staying in my house from last 21 years as most of the time my family stayed outside of India. During those times he was struggling with financial issues and I trusted him and asked him to live in that house as a support. ( I bought the land, took home loan to build the house and paid the entire amount and made it loan free ). He has not even paid a single penny to me for ...

Legal Help Needed: Issues with Share Redemption and Non-Transfer to Demat Account Involving Broker and Sub-Broker

Hello, I am seeking legal advice regarding a complex issue I am facing involving the redemption of shares, the non-transfer of those shares to my Demat account, and the involvement of both a broker and a sub-broker. Here’s the situation: I made an investment through a broker, and the shares were supposed to be transferred to my Demat account. However, despite having made full payment f...

Flat mortgaged by builder to bank

Hello Lawyers, Its been an year now... 1. We enquired a property and got it verified by a lawyer who insited us to go with registered agreement as the property was mortgaged by Builder to Bank 2. We enquired Bank about the Builder's process of payment and releasing the flats for which Bank responded, 'NOC as per Builder's payment and is flat by flat' 2. We booked the apartment with ...

Developer reluctant to refund the advanced money after bank has refused my Home-loan request.

I entered into an ‘Agreement for Sale’ deed on the 1st of May, 2024 handing over a cheque approximately of Rs.250000.00 to the developer in order to book an under-construction-flat (not registered under RERA) on the outskirts of Kolkata. The local branch of SBI that I rested reliance on (for reasons of financing), refused my Home-Loan request with observations raised by two of their empaneled a...

Parking issue. Allotment of same parking to 2 members/purchasers.

We booked a residential flat with a well-known builder in the city of Pune and got the position of the flat in the year 2018. At the time of possession of the flat, We were allotted a car parking with parking number UPPER BASEMENT- 314 and have the allotment letter of the same. Soon after some time, we discovered that someone else was also parking their car in the same allotted parking slot...

Obc certificate related issue

My father is migrated in delhi after 1993 , but now permanent resident of Delhi since 1997 , my birth , education place is Delhi , my father came in Delhi from bihar state, in Bihar central list of obc my caste is mention which is kalwar , and in state list of Bihar it's mentioned as biahut kalwar not kalwar , generally in our caste we considered both caste same , but when I asked in Delhi sdm ...

Claim on Joint properties

Hi. My Grandfather has purchased some properties on my fathers name! He has 3 sons & no daughters. 1.The income generated from businesses of my grandfather of amount nearly 5 Crores as whole taken by only elder son since my grandfather has expired ( expired on 2000 july) . 2. My grandfather has helped his second son for going to US & settle there 35 years before. And he has given an amount of...

Meter approval for fifth floor

We bought a floor in an unauthorised space in delhi. We bought the fifth floor and was guaranteed by the building for approval of every basic requirements. After three years by some hook and crook meters are getting approved for our place. But the problem with our building is that the builder not only sold us the fifth floor but also sold a small flat build in the parking area of our building...

Threatening and mental harrasment

My uncle is a schizophrenia patient , currently on treatment and medication. He is usually very quiet and friendly except for this repeated encounter with a neighbour who tries to trigger him by threatening him and abusing him. So far it has happened on three occasions when the neighbour incited him and they had a violent scuffle within this year. He has no issues with any other neighbours exce...

Agricultural land Partitioned without the consent of my Father which is a Ancestral Property

Dear Sir/Madam, I have a question regarding the DKT land which is an Ancestral property . 1. My Grand Mother(Father's Mother) is one of the 3 daughters of my Great Grandfather and she was gifted a part of DKT land from my Great Grandfather which is not officially partitioned but she was told and shown a part of land along with other 2 daughters where they have also got 1 part each. Since ...

After sending Legal notice to vacate the shop premises to tenant for personal use tenant told he will file a harassment case on

I send a legal notice to my tenant to vacate my shop premises for personal use and pay the arear because he is not paying the rent to me as i inducted him orally in 2015 and initially he was paying but since Jan 2021 he continue deferred till today in collusion with my cousin brother who is receiving monthly rent and have made agreement without my consent for rent without informing me and now h...

Secratary is not allowing to transfer flat in my widowed mother's name.

My father passed away last year ([deleted]) leaving behind a flat wherein nomination form was not submitted by him when building went under redevelopment. After he passed away, we went to secratary asking for the formalities to fulfil to transfer the flat in the name of my widowed mother. He asked us to make: -Release Deed 1.) Flat Details as per Share Certificate & As per PAAA 2.) Indem...

Exiting the lease agreement in lock-in period.

My friend and I signed a lease agreement in August for 12 months lock-in. But during the first two months of moving into the house we faced issues such as breaking of false ceiling (no one was hurt), dampness, the landlord removed the sofa set for 10 days in exchange for a promise of giving us brand new sofas and then returned the old sofas back saying the new ones will take more time and when ...

How much alimony and maintenance I should expect.

I would like to know how much alimony and child maintenance my wife might be entitled to if we proceed with a divorce. I earn ₹2.5 lakh per month, with an annual income of approximately ₹50 lakh. My company provides stock options currently valued at ₹2 crore after taxes, and I have mutual funds worth ₹20-25 lakh. Recently, I purchased a car worth ₹20 lakh, but I do not own a house and currently...

How can eviction order against a brother be stopped from execution? How long does the execution takes?

In a 25 year old disputed property case between 2 real brothers, the latest order from sessions court has ordered against the younger brother (70 year old) asking to vacate the house in 30 days. This was a house built from a joint business of both brothers but the registration of property was done in name of elder brother. There are evidence of joint business income and house construction bills...

Ancestral property - Partition Suit filed by daughter (Christians)

I seek your assistance in clarifying a legal matter involving my father, who is the defendant in a suit for partition filed by my aunt. The suit was initiated after her marriage, which took place nearly 60 years ago. We are Christians, and my grandfather had four children: two daughters and two sons. One of the sons passed away unmarried around 40 years ago. Both daughters were married, and ...

Calcutta HC Stay on collection of Additional Surcharge under Sec 133 of The West Bengal Municipal Act, 1960

My ancestral property is in Bidhannagar Municipality, Kolkata, West Bengal. My father passed away inter-state in 1990 and my mother passed away in 1998. I have 3 sisters, who gifted their share of the property to me in 2014 after getting due permission for this Gifting from the Govt of WB. I paid Registration Charges & Stamp Duty on this. BASIS, this Gift Deed the Urban Development Dept i...

Loan settlement

My had borrowed Rs 2700000/- for home loan on basis of hotel business where I was made co applicant by bank in 2016. She was forced to take a loan protection term policy (worth Rs 100000/- one time premium)for which form was in English but my mother is just 7th fail from Marathi language. While taking policy the bank persons said it is mandatory as per RBI will cover your entire loan amount on ...

Bought Land, Now Caught in a Messy Legal Battle – Need Advice!

Four months ago, I purchased 5.25 beegha (around 3.25 acres) of agricultural land in a village in North India. I thought everything was in order—the papers checked out, registration and mutation went smoothly, and government records now officially list me as the owner. Here’s the situation: The land went through three hindu parties: 1. The original seller (a relative of my seller), sol...

Annulment case (Section 12, HMA)

Hello Sir, My friend got married through matrimonial sites last year on December 23. Just after 3 days of marriage his wife started quarreling and abusing him and his 74-year-old mother. She asked him to send your mother to some other place I don't want your mother in this house. My friend and his mother were in shock and things were getting worse day by day. My friend tried to speak to her par...