Legal questions on Property Law

Ownership of the Flat and Bank

Me and my husband owned a flat. We took SBI Home Loan. Due some personal issues I am staying seperately with my 2 daughters, 25 and 23 years old. In October, 2021 our home loan was cleared and I wrote email to SBI bank that already bank is having all papers related our flat, so to handover the documents to education loan department for my daughter education loan. Already me and my husband sig...

Allotment of Car parking space by builder without consent of society members

Dear Sir, We have booked flat in high raised society in 2015. At the time of booking & finalizing the deal builder had informed that every one shall be given one allotted car parking and same is written in our brochure too. As we were first few to book flat, we asked to confirm where our car parking slot shall be allotted. We informed that we would like to have convenient covered parking at gr...

Cancellation of gift deed

My father & mother constructed a one stored(2 rooms+bathroom+Toilet+Dinning room+Kitchen+Common spaces in all sides) building in 2002,they were the co-owners of that said building.In 2012 they gifted the ground floor to my elder brother and gifted the vacant roof to me maintaining common spaces to both of us like main entrance,staircase, ultimate roof of the building common space in all the sid...

Mutation on Will base be registered directly or one has to take probate or go to civil court?

Hello sir, We have a family dispute. Below are the summary, please guide. My aunty(bua) died in 2019 and made will registered in 2014. She was not married and stayed with us. She allocate all the property(1 and 2) in will to my father and my sister. City survey rejected our mutation right without giving any reason. We appeal in prant and judgement came in our favour that as it is registered...

Terrace garden issue

I live in a individual appartment with 8 houses including mine. The issue is i kept few plants which is bought from TN terrace garden kit by Tamil Nadu Horticulture office. As TN govt., is encouraging people to grow up terrace garden plants which is low in weight, water need and maintenances. I am using that only. From the first day itself the fellow owners were okay with me except 3 owners. Th...

Terrace

I am the owner of the building. We have a terrace. We locked it earlier and gave the duplicate keys to everyone in the building. But it wasn't locked and maintained properly. Unknown visitors (Mainly friends of tenants are visiting the terrace at night hours mainly after 9 pm. They litter the terrace with plastics, food, cigarette buds, etc. We have informed the concerned tenant to clean them. ...

Want my share of property from Gifted property from my grandparent's brother to my father.

I am Saurabh Kumar son of Jitendra Kumar Dwivedi. My grand father Ramji Dubey and Jagarnath Dubey two brothers. Jagarnath Dubey had no sons only 3 daughters. Ramji Dubey (My grandparent) had 4 sons and 3 daughters.Jagarnath Dubey gifted his property to my father and his 3 brothers. Still his nati filed case for cancelation of Gift but he lost. then he started selling lands abruptly to criminals...

Land Grabbing act by elder brother - Father & Mother gave the land to me(Daughter - 2nd)

Self acquired property - The land which was earned by my Father & Mother has been passed down to me(Daughter) by them. Other siblings got a share in Father's & Mother's property such as Elder brother got a house and a land, my younger sister got a house and a land, and our last brother got house and a land. I didn't got anything after marriage, but now my Mother and Father on their own will gav...

Allotment of Car parking space by builder without consent of society members

Dear sir, We have booked flat in high raised society in 2015. At the time of booking & finalizing the deal builder had informed that every one shall be having one allotted car parking and same is written in our brochure. As we were first few to book flat, we asked to confirm where our car parking slot shall be. We informed that we would like to have best covered parking at ground floor in slit...

Legal validity of adhoc team formed for a housing society

Our housing society is registered with ROS, but has not been renewed from the past 2 two years. A team of elected members were operating the association, but due to no-confidence from a section of owners, an EGB was called. During the meeting (only 17 owners out of 300 owners participated), it was decided by few owners that an adhoc committee be formed in the interim, for 6 months period, until...

Procedure and planning after getting legal heir certificate.

My father passed away last year. He had not made a will and we are now in the process of applying for legal heir certificate. The heirs are me, my sister (minor) and mother. My first question is after getting the certificate, do the heirs have the right to transfer a flat/property/asset to a specific heir, can it be up to mutual understanding or is it that all 3 have to have their name for owne...

Interest on delayed payment

Agreement was signed in August 2017. Handover for interiors happened in January 2018. Just like many other families I moved in the apartment in Feb 2018. However, complete building work was not completed. Completion certificate was received by builder in late 2019. Builder received OC in October 2020. There were certain snags for which I had delayed the final payment to builder and payment ...

Property negotiation talks secretly recorded by other party

Hi, My mother is selling some property in state of Punjab and she had few conversations (general price negotiations) with a party (including a broker). An agreement was reached to sell the property at certain amount etc. The buyers gave her some token money as cash. My mother informed me that during the conversations they had one mobile phone on the table which she thought was an active pho...

Anchestral property

My grand father purchased 32 acres land in 1957 in his own at the time he has 3 brothers means my grand father having 3 brothers. after my grand father expiry the land will be partitioned to my father and his two brothers. Due to my father and his brothers financial situations they sold 9 acres from 32 acres to grand father second brother sons in 1989 with sale deed from my father and his broth...

Can I sell my property after obtaining an injunction in my favour?

I bought a property recently that was transfered from the owner(father) to the wife, son and daughter. All three of them signed the deed to assignment duly prepared by my lawyer. I was introduced to the tenants as the new owner and I gave them all a period to vacate , I also gave the mother and daughter ( the father and son doesn't live there anymore) till so.e extended months to vacate which a...

Apartment issues

Hi, It is 5-6 years since the apartment is occupied. The builder and landlord left us without handover. The landlord is a local guy and he takes his local influence and he has some followers in this apartment for monetary benefits and thy were getting maintenance and using up the money and accounts not maintained or showed. So we all elected few members to temporarily manage the apartment and...

Car parking

I am leaving in an apartment over 18years. 1. There are totally 12 flats in this society 2. Apartment has not registered with society and there is no society formed yet. 3. As per agreement, for car parking it is mentioned as ample car parking space 4. While occupying my apartment, the society / maintenance incharge, who is one of the owner in that apartment complex, mentioned in order to l...

Limitation act/adverse posession and "koor chit" partition

Father – 2 Legal Heirs (2 Sons, 2 Daughters) 1974: While alive Father and his 2 sons have prepared a family partition “Koor chit” (Unregistered document) which accorded family ancestral properties into 3 shares (One for himself) and a share to each of his sons (Daughters weren’t given a share and neither their names were mentioned in the “Koor chit” partition nor they were signatories) 1...

Inhertance

We are Christians. My father passed away in 2016. We later find out that out my dad's property that my mother’s father had given him of 1.50 acres had been transferred to my fathers brothers name some weeks before his death. When questioned, my fathers brother has been promising my mother and my fathers 3 kids that the property will be given back to us. It's been 6 years yet he has not yet tran...

Unregistered sale agreement validity & limitation

I sold a piece of agri Land for Rs 55lacs & entered into "Unregistered sale agreement" on 1000 rs stamp ( 100x10) on July'2017 . Token money paid was Rs 51000 & I never met buyer & witness & blindly signed agreement wit my initials. Buyer husband was known to me & he ave criminal background & he smartly put a claise that i have given him possesion whereas actual posession is wit me till date & ...