Legal questions on Property Law

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 ...

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 ? ...

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 ...

Sucession of Property?

Hello to All, I am Samar from a village in Goa. My grandfather "A" has expired and he has several property plots in his name and there some plots in which he is co -owner with some other owners . My Grandfathers wife ie my grandmother also owns a plot as co-owner with some other owners. My grandfather had two daughters and two sons. The two daughters are married and staying in another vi...

Property Dispute of House

My grandfather had brought a property on the name of his son who was an army officer as the mentioned property was in an army area. The money was paid by him and till my uncle was in service my grandfather along with my younger uncle lived in the same house till his death. My grandmother also resided there till death. My grandfather has also been taking rent on this property earlier in his acco...

ADA vs individual issue not resolved after 15 years

Dear Members, There is a case which was filed in the year 2000 by my grandmother against the most corrupt ADA-Allahabad Dev. Authority. Let me give a brief about the situation- A flat (cost 25000/-) was allotted by ADA in 1987 and my Grandmother who paid all the installments plus more in advance without fail till 2000 the actual maturity date on papers. When in 2000 she asked ADA to do fin...

Property issue

Hi Sir , actually my father and uncle got seperated 20 years back. according to village panchayat they seperated and my uncle has signed on stamp paper along with the village members. According to compromise my father handed him all the land and property but my uncle didn't handed the property that belongs to my father, he kept telling that he will hand over in some time. but now he has sold h...

Legal rights of daughters & step-mother on my father's property

Hello Sir, My father has 2 daughter's myself and my elder sister from his first marriage. He re-married after a year of my mother's death and no children. He is alive. Me and my sister are married now. My query - I want to know the legal rights of us daughters and our step-mother on my father's Fixed deposits (step-mother is nominee as far as I know), Insurance (step-mother is nominee as ...

Power Grid Corporation of India is not giving proper compensation

Respected Ma'am/Sir ma'am/sir i lives in district Datia of Madhya Pradesh. It is situated near Gwalior in M.P. 3 years before power grid started some electric line project in our area. For this purpose they built up towers for the electric power line. which was constructed on land of many farmers. They completed their project within 3 years. so they gave compensation of 2 years for the cr...

Partition

I senthil now living in kollam kerala i have a joined property in dindigul tamilnadu which is in name of me, my brother and my grandfather. My grandfather died 6yrs back he has one daughter ie my mother and his wife my grand mother . I am staying with my grand parents only from when i was born. My mother filed a case against my grand mother for having 3/4 shares for her that belongs to my grand...

Can a inherited property release deed be cancelled?

Dear respected Lawyers: My mother has signed to a registered copy of inherited property release deed to her brothers, in that there is no mention of property of her father's mentioned in that release deed and it has been signed by her with high-pressure and with stress from them after speaking to them in mutual that they will give one acre of land out of 50 acres of land and this was not men...