Legal questions on Property Law

Will

The property in Maharashtra was jointly held in mother and fathers name and was their self-earned ,not ancestral.After demise of father without any will, mother, myself,Married sister and my elder brother - 4 are legal heirs. We have relinquished our rights in Mothers favour but the said deed was only notarised and not registered or paid of any stamp duty. Elder brother has been deserted by his...

Owner taken loan on property occupied by me without consent

I am occupying a flat on lease basis since Oct 2013 by executing normal agreement and extension of agreement without registration. Total amount paid is 12 Laksh. The agreement is being extended regularly. The owner has taken loan from finance institute and the loan date is after my agreement date i.e. 30.10.2013. Owner has taken one more loan from same finance institute in 2015. Since he ha...

POA agent made self sale deed of property

Dear sir, Mr Srimurthy came to us as buyer for our undivided hindu family property in Bangalore central which is of 2160 sqft.and made registered sale agreement for only 1284 sqft. and consideration of 1.75cr and only made 2 lakh advance in form of DD.and rest some 48 lakh as cash for legal documentation like khatha dispute of same property in 2016.and sale consideration for 3cr.later he convi...

Waarisan Certificate

My father had been a State Government Pensioner who expired in 2013 & was drawing his pension from SBI with my mother as nominee. On his expiry we had submitted a letter of notice to the bank informing about his death with a copy of his death Certificate to stop further credits to his pension account. My mother being very unwell was unable to personally visit the bank to complete the necessary ...

Wrong Survey Number in Sale Deed

We are planning to buy a constructed individual house (G+1 Triplex) house in Bangalore. After the reviewing the Property documents, we found the following. 1. Agriculture Land Survey number 8/4 was belonging to three owners. 2. Later they decide to partition the among themselves, initially it was rejected by tahsildar. 3. Land lord approached the Court and Court has directed tahsildar to a...

Indemnity Clause in Sales Deed

Dear Mr. Kalaiselvan, We are selling a property in Bangalore and buyer has included some detailed clauses to indemnify them. A couple of them look a bit unreasonable. Need your suggestions on the indemnity clauses. e.g. a) The PURCHASER and her successors-in-interest hereinafter shall be entitled to have, hold, own and enjoy the Schedule Property by virtue of this Deed of Absolute Sale abs...

धारा 166/167 जेड.ए.एल.आर.एक्ट/ धारा 143जेड.ए.एल.आर.एक्ट

I belong to OBC caste. I have purchased a non-agricultural land (143 order issued in 2003) from a General caste buyer in year 2008 in Kanpur, UP.That land was purchased by this General caste seller in year 2002 from chairman of a grih nirmaan samiti. 1. When I bought land in year 2008, I have taken previous duly registered registry copies and found that seller name was there. However there wa...

Validity of Public Notice for sale of property (TSR)

I purchased the Flat from widow of Mr A. Mr A has 3 children. The Flat was jointly owned by Mr A and his wife. After death of Mr A, the society transferred the Share Certificate in name of Mrs A (the widow). Post this, the widow sold the flat to Me. The widow did not apply for succession cert or legal heir certificate. However, as precaution the Flat agreement for sale I insisted on ALL parties...

Wingwise societies under one housing project

We have purchased one flat in housing project having two phases. Phase 1 (Wing C&D, 84 flat owners) & Phase 2 (Wing A&B, 95 flat owners) on one plot in Warje area Pune. There are some common amenties like Water Storage Tank, Club House, Children Play Area, Gym, Ganesh Mandir, Diesel genset on sharing between Ph 1&2. They are in one common area between two phases. Each phase has separate ent...

Property purchaser deceased and advance amount forfeited

Hello there, This is to let you know that, my father had attempted to purchase a floor of a bungalow as a flat occupancy with 3bhk configuration. On 12th August 2020, the property seller had made a non-stamped Memorandum of Understanding (MoU) stating the sellers' and purchaser's identity and the necessary property sale clauses wherein my father signed as the purchaser, and I, being his only s...

Pagdi rent receipt not in the name

Dear Respected Members, I seek for your help for below subject. Me and my family (3 generations:me, father, grandfather) have been living in a pagdi system room for last 40+ years in Central Mumbai. However the rent receipt is on the name of my grandfathers brother and the house was being given by him to my grandfather in mutual understanding. Both of them have passed away now. However...

Can one property registered in the name of karta be transferred to a son?

Brief Facts of case We are a huf comprising of 1 karta, wife, 4 sons and 3 daughters having many immovable property in kolkata. karta died and there was no partition done, wife of karta who is currently surviving member decided not to partition property during her life time. Family split, daughters got married, all sons started staying separately with an mutual agreement that eldest brother...

Regarding the Builder Buyer agreement in MahaRERA

I have booked a flat in an under construction project ( Almost 70% constriction Completed). Post making the booking amount, Down Payment, SD&Reg, he has provided me with the Builders Buyers agreement. Post reviewing the agreement, I have found below multiple anomalies in it- 1-> the Project is of Grnd+2 Stilt+ 22 Floor. However the agreement Clause mentioned only Grnd+2 Stilt+3rd to 8 upper Fl...

Cancellation of validity expired registered sales agreement.

My father entered into an agreement with a seller for purchasing 3.5 cent residential land in 2014 and the sale agreement was registered in sub register office upon payment of Rs.1 Lakh as token advance and balance amount 4 lakhs to be settled at the time of transfer of tile within a period of one year from the date of sales agreement or buyer to loss the advance payment. Due to unexpected circ...

Gift deed

Very old Senior citizens Father & Mother made A registered gift deed of self earned property to only one son out of 4 children (2 sons & 2 daughters). After 2 years, father writes letters to sub registrar , Deputy Commissioner & District Magistrate asking them to cancel the Gift deed as it was done by force by his son by creating tension. Letter has reached officials & friends & relatives after...

Tenancy right

My parents purchased room in chawl on pagdi system for tenant & after then my father died. Upon death, my mother paid some amount to Landlord to trf rent receipt in my brother name. My brother also expired in 1972, since then landlord never transferred rent receipt. Landlord is issuing rent receipt in my deceased brother name till date. We are 2 brother & 3 sister. then I got married in 1975...

Possession Delay and increase in super area

Hi, I entered into booking of 2bhk + store of 1080 sqft super area with developer in may 2015 and paid the booking amount in dec 15 we entered into agreement for possession within 36 months. I paid all demands on regular basis while paying demand in 2019. I come to know the bank has decreased my sanctioned amount as value/ status of property has entered into caution list of bank. I arranged ...

Can a Employees House Building Society cancel the allotment of plot on grounds of non implementation

I have been allotted a plot by Employees House building Mutually Aidded Cooperative Society in 2008. I have paid the total sale consideration and the deed of conveyance (sale deed) was executed in December 2013. Possession of the plot was handed over on the same day. As per bye laws of the Society, a condition was stipulated that the allottee has to take up construction of house within two year...

Status Quo

I have the "STATUS QUO" from 2010 on 3500 Sq.yds. With these, I have a settlement of 1000 sq.yd from 3500 sq.yd. As per understanding i submitted Memo. Memo filed by counsel for Plaintiffs Sri. XXXXX on XX/0/20XX vide SR.No.xxx/1/20XX Dt.xx/0x/20xx informing the Court that the plaintiffs are not pressing the suit in respect of 1000 Sq.Yd out of total extent of 3500 Sq. Yd of plaint schedule ...

How to locate ancestral land

In 1968 my grand father purchased 3 acres of land out of 4.04 acre Khasra located at Nagpur. He formed a layout of 38 plots & sold them, after selling those plots, a piece of 24000 sq foot was left by him for his future. in the latest 7/12 its area is mentioned as 0.23 hectare. After the demise of grandfather ,randomly we saw that 7/12 & sale deed of 3 acres. We had been to that khasra to ...