Legal questions on Property Law

Dispute of Properties

Respect sir, My name is sunil and I stay in Thane Maharashtra. We are all 7 brother & sister all are married but after my father & mother death start dispute in family against for my properties. I am the youngest son of My father & he is nominated to me for his flat after death flat will be transfer on my name.. Now, all my brother & sister is demanded to me that equally divided on these pr...

Partition of jointly owned land

We are having 2700 sq ft of land (18*150) and residential building standing on half part of the land, jointly owned by my father and his two brothers with road facing is 18 ft from east side, other 3 sides are bounded by residential building of other parties (neighbours). Although, location of the property is semi urban, but now it can be used as commercial purpose. Now my father wants the part...

Take over of father's business by brother

My father had 5 children. 4 daughters and 1 son. He had some ancestral properties and one shop. I am one of the daughters. My brother took incharge of all the properties and shop and did not give us any money/property till now. Whenever we asked he said he will give what is the urgency like that. Its been more than 20 years. Now he is saying he will not give a penny. While dying, my father had ...

2 share certificate leading to issue in transfer of flat

In 2004 my father and mother had jointly bought a flat in a co operative housing society. While registering the purchase agreement, the share certificate issued by the promoter to the seller of the property was attached. This certificate was issued in 1992 (No 50 bearing distincy shares from 246 to 250) and was only signed by the chief promoter. However the seller handed over the share certific...

SRA flat registration and transfer after 10 years of possession

Hello Experts , Can someone please guide me - My family lived in slums in Mumbai since 1982 . In 2006 , Developer and Builder came in with proposal of SRA for the same slum area . In 2008 it was agreed to hand over the land for redevelopment to Developer/Builder . In 2010 , the SRA building was completed and flats were handed over to owners . My mother is owner of this flat who passe...

Succession of property in case of hindu woman dies without will

A and B are wife and husband. Both are working. They purchased a plot in 1976 and constructed a house thereon with income of both of them. A's first wife died. He has two female children with first wife. After death of first wife, he married B. B had looked after two children. By the time, the children were about teen age, A died. B carried out the marriages of two children. At that they partit...

Dividing the property

Dear All, We have a farm of 15 acres. 1/3 of the farm is owned by us and 2/3 is owned by our uncle. we wish to divide this farm now legally as our uncle wants to sell it off. Following are the clarifications/inputs which I am looking for : 1) The 7/12 has additional 2 names who are our relatives (they were never part of the property purchase but there name was added by our data for securit...

Capital gains tax

I bought an apartment in Pune in November 2023 (Agreement to Sale was registered in November 2023). The building is under construction and the expected date of delivery (OC, CC) is between Oct-Dec 2024 (when the builder expects to provide occupancy certificate and completion certificate). I bought this apartment through a loan. I would like to clear the loan, I have another apartment in Bengal...

Conveyance

Dispute in fixing FSI right in conveyance. Original plot size as per property card 945.3 sq.mtr plus road set back of 205.14 sq.mtr TOTAL 1150.14 (FSI 1:1 in 1985) out of this leased area of 225 sq.mtr. (1986). From 945.3 for MAP reservation 177.6 is surrender to Govt. left over 767.7 plus available road set back of 205.14 total 972.84 Two structure constructed Building No.1 is registered socie...

Fake signature of land owners in the Site plan of a building

My father and father's friend bought a land side by side to build their own houses. In 2010 my father's friend passed away. Three promoters reached us my father and father's friend's family and convinced them to give the land for building flat and two owners will get one floor each in the building. The agreement happened in 2012 via notary. The construction work started but after few years the ...

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Can registered sale deed be executed by suspended board of directors during the course of Insolvency

I had bought a flat in Maharashtra in Nov 2020 through registered Agreement to Sale and got the possession immediately and living in the same flat since last 3 years. Registered Sale deed was not executed by builder in my favour as the entire project was not completed and part occupancy was issued by the Municipal corporation.Builder used to tell that once the entire project will get completed,...

Our neighbour encroached into our land.

Around 30yrs ago, a person name A(I don't wanna reveal his identity) owned a property X, and a person B owned property Y. A has illegally encroaches into Bs property without his consent and knowledge, B was financially not stable at that time and wasn't able to fight for his land legally so he left it. 10yrs before we buyed the property of B and also asked A to sell his property to us so that t...

Will

After my grandmother died my uncle got an affidavit signed by my mum to transfer his name to khata, stating that they were legal heirs & now my mother is transferring khata to my Uncles name. My uncle also signed an affidavit stating that both him and my mum are sole legal heirs to the property and that (his sister) my mother has no objecting in transferring khata in my Uncles name. My uncle di...

NCLT ordered insolvency resolution process against the builder post our flat registration

We’d booked a flat with a builder (GM infinite – Gulam Mustafa enterprises pvt ltd). It was supposed to be delivered by Aug 2021, but it hasn’t been delivered so far. Recently, last month on Feb 24, we got our flat registered. However, the builder must complete the pending work before they provide us with the possession. In the meantime, we learnt that NCLT has passed on an order on 29th Feb 24...

Regarding illegal occupancy of house

Hi , My query is regarding a family property division dispute , After my grandfather died in the property was to be divided among his 3 living sons and 2 living daughters , And it was divided among them after several measurements and discussion ( 2024 : still not documented, it's just your land there and my land is here on basis ) . The 1st son works in The Armed Forces , The 2nd son has fish b...

Waqf Al Aulad matter in Delhi

Mere par nana ne 1945 me (waqt Al Aulad)ek trust bana tha tittle tha waqf mahmood un nisa begam jisko unhone sub Registrar Kashmiri Gate old Delhi me registered karwa tha, is Waqf ke under kai so crores( more than 1000 crores) ki properties thi aur aaj ki date me bhi hain,is Waqf me meri mummy bhi ek beneficiary thi jinki death July 1990 me ho gai thi inke death ke baad hum charo bhai behan waq...

PG/Hostel in Residential Apartment

In my residential apartment, some flat owners have given their flats to hostel people. A person is running hostel by taking 20 flats for rent (out of 85 flats). In each 2BHK/3BHK flat hostel management has kept 6-9 females. Our apartment is still not fully completed. Only 1 lift is functional out of the mentioned 3 lifts. Land owner flats around 30 are still not completed. Only 45 flats are c...

Delay in Construction and Registration

Booking and Agreement: I booked an apartment in Casagrand, Chennai, on 30 Jan 2021, and signed the agreement on 12 Feb 2023. The agreement stated a delivery date of May 2023 with a 3-month grace period. Extension Approval and Delays: Casagrand obtained a 1-year extension approval from TNRera in December 2022, citing reasons like Covid and floods. However, despite this extension, there's st...

Once property sold, anyone filing case / claim after sale can only file against new owner ?

When there is a claim by someone that they have share in a property and it was sold without their knowledge. Action will come against the original seller or the new buyer. The new buyer says he wants no indemnity and will sign a detailed MOU assuming all responsibility of any case comes he will fight at his cost and pay whatever resulting damages if any to any claimant or litigation person. ...