Legal questions on Property Law

Noisy Upstairs Neighbours

Greetings and sorry to bother you. I live in a gated society and have been have some issue with the neighbour living upstairs. So they run a small food buainess of supplying tiffin to 5/10 customers. Due to this there has been a lot of noise downstairz in my house as they keep moving cooking equipments daily since the house is small(200 Sq feet). They do not have food Liscense, nor fire liscen...

Legal car parking allotment

Hello, What is the legal document to prove an apartment owner was given a car parking space? We have a great confusion in our building As one of the apartment owners shows a receipt by the builder/owner and that he has bought it for 150000/- But, I read on the internet that and open car parking space without walls(closed) cannot be sold. Another owner shows the schedule B of the r...

Non payment of fdrs

My parents had their Saving and Fixed Deposites accounts with SBI CHB Branch, Jodhpur, After Death of my mother in 2019, I personally visited the branch with my father to change the accounts in the name of my father (the photocopy of the application is being enclosed) but the concerned officer suggested that as the FDRs are not matured so there will be loss of interest so wait till the FDRs mat...

Property distribution

मेरे पिताजी क्लर्क थे। २००७ में उनकी मृत्यु नौकरी के समय में हो गई थी। आपसी सहमति से मेरे छोटे भाई को नौकरी आवर मुझे सरे पैसे साथ मई १०कठा जमीं देने का वादा किया गया। मैंने एफिडेविट पर NOC दे दिया नौकरी के लिए। बाद में माँ ने सारे पैसे खर्च कर दिया , अभी तक जमीं भी नहीं मिला। माँ ने स्टाम्प पेपर पर लिख कर दिया है की सारे पैसे भाई के शादी में खर्च कर दिया मेरे हिस्सा के पैसा का भरपाया मुझे अपने ...

Encumbrance in the property sold by bank through e-auction

This opinion is sought on behalf of a banker, recently a property was sold by a bank(XYZ) through e-auction to a party and Bank(ABC) granted loan on that property, later it was discovered that the defaulter of bank XYZ has fraudulently sold the property to a third party while the property was mortgaged at XYZ bank, the name of the third party is reflecting in the revenue records(mutation record...

Wife Share in Property

Dear Sir, I had purchased a plot of land.At the time of Registration I was on good terms with my wife and so Plot was registered in Joint Name.A Loan was taken from the Bank and the Balance Amount is being paid through EMI for the last ten years from my Account.2 years back my wife said that she needed money for her kindergarden school franchisee business and took a top up Loan by mortgaging t...

Will I be the beneficiary of my deceased brother’s bank accounts?

My brother, who has passed away, had been separated from is wife for over 13 years, with no contact with either her or his child. The separation was not mutually agreed upon as the ex had left without a word, taking away their daughter. No legal action had been taken by my brother regarding the matter or child custody in the hopes of solving the matter, but there are copies of letters he had wr...

BBA not issued by Property Builder

I have booked Property Flat in Greater Noida with Builder in 2013. Application for and payment plan has been signed. I have paid the 98% property cast as per the Construction link plan. Now Buodler has stopped the work and not comminicating , no reply about the constrction and possession related. Builder has not still issue the BBA to me and not detailing for the when complete constrction of p...

How can a builder be safe in future after possession from contractor's mistake ?

Hi We are four partner's in a firm in Mumbai. We acquired a small plot and sanctioned a plan which has 20 (Residential Flats) Units and opted for lock and key construction contract, and gave it to a contractor and offered him 2 units (3BHK & 2 BHK flat) Residential flat in return to the total consideration value. Now the contractor has done sub standard work due to which there is leakage in t...

The Mestri has asking us huge amount of money

We have agreed to the Mestri regarding the renovation work and construction of an another floor. Initially we he said that it will take around 20lakhs and then my father asked him to bring an agreement so that we can sign that but he didn't bring that agreement but we paid me as he asked for the works in instalments but after a month we have a doubt about his work because the work wasn't standa...

Society imposing penalty for parking in common space area

I am a member of a housing society from last 7 years. Builder have not given me parking facilities in society premises and sold at high prices to vested interest members (but i can't have documentary proof). Till today i was parking in a society open space area near turning point. But now society is considering charging a 500 per day penalty for parking to all members who do not park in their a...

Property Dispute

Hello, I am a resident of Mumbai living in Prabhadevi, Dadar west. Our building is 30+ years old. Earlier there used to be slums in this place, later a building called Mehra developed the area and gave the people small 25 sqft apartment in the building we are staying now. In 1989 the owner of the building wanted to sell the property and give all the rights of society to the people staying but ...

Mentle harrasment by senior citizen neihbour

M living in central delhi with my down syndrome child we hv shifted to this place last august 2020, by knowing this fact that i going through such critical situation of my child our neighbour who is a senior citizen lady staying alone(her son nd daughter in law are separarated by herself) creats lots conflicts on daily basis. We are not even allowed to put sheds on our window as per her, she of...

Verification of plot with unclear borders, need land sketches from survey department

I am considering buying a plot that was bought a few years ago by the seller. During the previous transaction, the registration document has a mention of a 20 ft road adjoining the plot. The problem however is that the owner of that piece of land is unlikely to enough land parcel to allow for a road 20ft wide. I am not sure how sub-registrar office would have allowed such registration without a...

Leakage from penthouse to below flat

Hi Sir, My penthouse resident is above my flat who is a tenant. I have leakages from his penthouse and has been complained several times but he denies allowing any plumber to enter his house to check the root problem even if I agree to pay to plumber for inspection. Following leakages 1) Bedroom Balcony (Leakage from penthouse kitchen) 2) Kitchen Balcony (Leakage from penthouse bathroom)...

Person disputing the land plot which is in our possession since 2009

My Odisha based father bought a land plot (1300 sqft, part of a larger plot measuring 9100 sqft) in Bhubaneswar in 2009 and the plot is in his possession (small boundary wall around the plot) since then. He had checked for Encumberance Certificate for 27 years prior (till 1982) and after finding that the land record (RoR) is in the name of the seller he purchased the plot. He got the mutation o...

Tamilnadu apartment owners Association 1994 and Tamilnadu Registration of societies act 1975

Ours is an Association of owners of 370 flats and 43 villas in Coimbatore .The Association is registered under TN Registration of Societies Act1975. To a query to the District Registrar whether Tamilnadu Apartment owners Act 1994 is applicable to our Association Dt.Registrar has replied under RTI that they do not have any guidelines so far implying an answer neither YES nor NO.However several c...

Harassment by Chs committee

Sir, I am a member of CHS in Mira road East. I am having having a long running dispute for reimbursement of unlawful penalty. Issue was discussed in last two AGMs and the chairperson of meeting this time noted and it was agreed to reimburse the money. Chairman who is ex-navy person has been harassing me by not even acknowledging the issue, he doesn't even respond. Asks me to come to society...

Issuance of Share Certificate in my Society in Mumbai

Hello, I am hoping you could help with my query regarding the issuing of members share certificate. Background : - I and some other people had purchased flats in Mumbai (directly from the builder) prior to the formation of the Housing Society - The housing society was formed and has taken over the management of the building and begun issuing the share certificates to members. - The bu...

Farm land usage query

Do I need to pay any amounts for constructing a small home on farm land which will be used to stay there and continue operations for farming? i have a permission from local Grampanchayat and an assessment was done with yearly amount being paid to them for the constructed house with a receipt. The land in question is 46 guntha with 40% agricultural and rest unusable for agriculture. they call it...