Legal questions on Property Law

Redevelopment of 38 year old Housing Soc., at Pune

Hi, Iam a member of 38 year old housing Soc,. having conveyance deed &property card obtained in Socities name. For the last 7years, the society, 38years old, having 15 flat owners of 2Bhk & 5 shop owners admeasuring 12000 sq ft; is engaged in redevelopment process for the last 7years,as per rules by appointing PMC, etc,. and now at the stage of finalising a developer. The area of the members ha...

Acquiring legal heir certificate for legally wedded second wife & her children

My father passed away on 12-Jun-2015. He was a divorcee and he re-married my mother by traditional Hindu wedding. He had no children from his first marriage. He has an unregistered will which details how the assets should be split amongst us siblings. We applied for a legal heir certificate amidst the pandemic through online portal. Our application was rejected on the grounds that divorce paper...

Property dispute with step brother

I am living in an apartment since 40 years. It was bought by my father when he was alive on the name of my step brother, because I wasn't born then. Later, my father made a will in which he mentioned that the same step brother had forged his signature to dupe him off of his other properties and sold it off. In my father's will, there is no mention of this apartment I am living in ever since 40 ...

RERA or NCLT? What should be approached when builder is no longer in site. Gone abroad.

I booked a property in Kharad, Punjab on September 2019 which was supposed to be completed within 1 year. As it was construction linked plan, I disbursed more amount from my loan account accounting to total of 65% of the final amount. No construction was done thereafter. Soon, COVID approached and everything was put at hault. Everyone supposed that construction will start later on but nothing h...

Sale of Unregistered property in Bangalroe

Sale/transfer of unregistered flat Hi, I have a flat in Bangalore for which all payments are done to builder but its not yet registered. I am looking to sale this property and I have found a buyer as well.The buyer would need to go for a home loan. I would like to understand the complete process and any tax liability. I understand, I will need to go for a assignment agreement (or prob...

Blockage of my car Creta since last 40 days by the builder and his son using old Maruti 800 car

Since 5 and a half year, I have been parking my car in a comfortable parking space as per the verbal affirmation of my builder and owner . Initially they told us to park there and with confidence told that they will demarc our parking area there only but 6 months back they demarcated it in a slot from where it is very difficult (next to impossible) to enter or exit the park in that garage, so I...

Society Parking allotment

We are very old resident of the society, our society had went to redevelopment and during the time we had received a agreement which is also stamped by the society where the builder has explicitly mentioned that we have been alloted S6 OF the parking space and given a floor plan for parking this is a slit parking space at the ground floor of the building just below the society. The society is a...

Cheating

Ours is a 22story building. OC is only up to the 12th floor. the builder has constructed 13to 22nd floors afterward. the builder has constructed the 19th +20floors +21part without CC. the 21st floor one flat + 22nd floor illegally constructed. the builder has violated DC rules. the builder left the project halfway. no OC has been granted because of noncompliance with DC rules.in our society man...

Building plan: industrial

1. An industrial property ( 400 sq yard)which was allotted by DDA to Mr. Avtar singh on 16th may 1972 at GT KARNAL Road Delhi. conveyence deed was executed by in favour of Sh. Avtaar Singh on 19.09.2011 2. On [deleted] half portion 200 square yard was gfted to one son throughgift deed paying stamp duty on the same. 3 .on [deleted] SPA was executed by Mr. Avtar Singh in favour of Smt. Swinder...

What will do to get the land

Appa Jadhav had two children. 1) Nama Jadhav 2) Rama Jadhav. After the death of Appa Jadhav, the two brothers were allotted equal land. 1) Nama Jadhav passed away due to illness a few months after marriage and his ancestral land passed to his wife. (No kids) 2) After Rama Jadhav had two children [(*) Gana Jadhav (*) Bapu Jadhav] died in a few months due to his illness and his ancestral la...

Maintenance of flat

Wanted to know whether it is right to pay maintenance of flat on superbuilt up area. My legal advisor has suggested that it should be on carpet area and not on builtup or super built up area. When spoke to the builder and society secretary they said since the expenses could not be met that is the reason they are charging maintenance on superbuilt up area. But according to my advisor he said if ...

Tenant Not vacating Flat

Dear Lawyer, The Flat occupied by tenant is located in Andheri west. Facts of the case: 1. Registered leave and license agreement done with Tenant. 2. Lock in period is over. 3. Written notice given to tenant to vacate the premises, but he is refusing and saying he never received it. 4. The registered agreement clearly states "In the event of the Licensee failing and / or neg...

Tenant Not vacating Flat

Dear Lawyer, The Flat occupied by tenant is located in Andheri west. Facts of the case: 1. Registered leave and license agreement done with Tenant. 2. Lock in period is over. 3. Written notice given to tenant to vacate the premises, but he is refusing and saying he never received it. 4. The registered agreement clearly states "In the event of the Licensee failing and / or neg...

Karnataka societies registration Act 1960 - Apartment Maintenance collection

Hi, I stay in an apartment which has 73 flats which is a combination of 2BHK and 3 BHK. There are 43 - 2BHK houses of varied size starting from 950sq ft to 1100sq ft. The 30 3BHK houses start from 1200sq ft to 1800sqft. The apartment association was formed last year under "Karnataka societies Registration Act 1960". The committee members have made a decision to charge maintenance by sq ft of R...

Both Mom and Dad alive. Daughter wants the entire house. Property in mom's name bought by dad

Hi Sir, Both my father and mother are alive. My sister wants to have the entire house of our property which is in the name of my mom, purchased and constructed by dad. I have already invested in the renovation of house. It was a duplex house with 3bhk and steps within the house. Now, i have renovated and have taken the steps out and moved with my family and kids to first floor. My mom wants...

Drawing Classes at home

I stay in multi storey complex in Andheri, Mumbai. Flat above me conducts Drawing classes for children and sell spices and Dryfruits. Children coming there for classes keep running else there is constant banging on floor due to which there is continuous nuisance to me. All these activities are obviously at consideration. Can I please know the following : 1. Do laws permit conducting such ac...

Education Related

Hello Sir, My name is sheakhar As i didn't found the Particular Law to select so i selected the alternative one. My concern is related to Education one. I did my 12th in the year 2007 to 2009 and got the marksheet and Migration certificate from the Assam Higher Secondary Education Council board. Later in the year 2017 i took the admission from ISBM university ( Chhattisgarh) but do have one...

Demanding Money after Disbursment

Dear Experts, 03 Oct - Expression of Interest to purchase the property however some issue in accessing bank so relative deposited 1% token amount which was reverted back on 12 Nov by developer. Verbally agreed to give possession in December 14 Nov - Main applicant deposited token amount 1 % 12 Dec - Main applicant deposited Additional 8 % 19 Dec - Discussed that flat is not ready - we are ...

Gift deed

1) I was gifted a house part by Gift deed of conveyance registered by court of law by my elder sister 2) Please note that at Mother deed, there was a condition that any transfer/ sale/gift should be intimated to owners of other part of property before such act. 3) But at the time of making or before making or registering the gift deed, my lawyer did not give any importance to take permiss...

Landlord not returning the lease amount

I have paid 7.5 lakhs as lease on 2018. I have renewed lease agreement every 11 months since then. I have verbally informed my owner at October 2021, that I want to vacate the house as I got job in Bangalore and they want me to come to office daily. Since then it has been 6 months still my house owner is not returning money. Everytime when enquired, he is saying he will give in one week. Last w...