Legal questions on Property Law

Non acceptance of rent

I am staying in a room number 1 of a chawl consisting of 8 tenants. Few years back owner conveyed the said land to one builder. I have always paid rent of my premises on time and I have rent receipts of the same issues by the previous owner. After land was conveyed by the previous owner to the builder all the tenants started paying rent to the builder. Builder accepted rent for the period of 1 ...

Senior citizen harrasment

Sir my mother is living Ghaziabad property owned my father in 1974 since my father died in year 2005 no will was made by him after few years my two sisters filed a petition in the court to divide the property in four parts each of us getting apart now my mother is a senior citizen diabetes patient age 69 years is living in the house from last 40 years since the property is given to a tower comp...

Transfer of property rights from Joint to single

I have an under construction & a disputed property (Apartment) at Chennai in joint name with my wife even though she has no financial contribution. Currently we are staying in West Bengal & as she does not want to move to Chennai every time for any transaction related to the property & has no objection in me dealing alone with that, 2 years back based on the advice of advocate she made a genera...

Can husband write a power of attorney after wife's death, for property in the name of his wife?

Hi, I have purchased a property around 7 years ago but was not having much knowledge about the legality and documentation process at that time. I have purchased a plot from a Mr. X who had POA (power of attorney) given by the husband (Mr. Y) after wife's death. The property was in the name of his wife. In POA agreement, it is written that husband (Mr Y) was the sole and only legal heir of ...

Consent decree of a property to be registered in how much time in the sub registrars office.

A consent decree was passed by Hon. High court in september 1987 and ordered as a conveyance decree. The consent decree was attached with a Non stamp paper agreement of sale of a property.and without any rubber stamps of the Hon. High Court on all pages of the decree and agreement except a Prothonotory signature on the last page.The agreement of sale submitted to the Sub registrars office does ...

Property sold under a Sale agreement

I have sold my flat at Kolkata under a sale agreement executed between me and the purchaser wherein clause 3 of the agreement states that "3. The Purchaser has paid to the Vendor an amount to 75% of the total price as initial amount which the Vendor does hereby acknowledge and confirm towards earnest money after which the possession of the flat has been handed over by the Vendor to the Purcha...

Land area in a survey number is less than what it should have- taking advantage of this legally

We have some dispute regarding the land in a particular survey number. Total land in the survey number should be 14 acres, but when the land was divided among 3 brothers, only 10 acres was available(probably it was not measured properly during land survey conducted by Govt decades back). After sharing the available land equally(3.3 acres), the additional 4 acres of unavailable land was still re...

Name changed during naturalization (to Japan) - Procedure for name change in India

Dear Sir, I took up Japanese citizenship in 2019 and as part of the process, I was given an option to opt for a different name. At that time I choose to use a shorter version of my name. This is my current status: (Given-Name Surname) : Swaminathan Ganesh - Birth-Certificate - Indian School and Other Educational Certificates - Indian PAN Card - AADHAR Card - Deed for Property in In...

Validity of Memorandum of understanding registered for purchase of Flat from mediator

I have paid a token advance of Rs 1 lakh to a mediator for purchase of a semi finished apartment. The owner/developer of the building had entered into an unregistered sale agreement with the above mediator for selling of 18 flats on a consideration of 33 lakhs for each flat. Basing on that unregistered sale agreement the mediator now is selling the flats on reduced rate of 21 lakhs and telling ...

Simple mortgage of property for an overdraft account

Dear Sir/Madam, My father has entered into a simple mortgage of his home against overdraft facility (account held by my husband) with an upper limit of Rs. 10 lac with a co-operative bank to help my husband in his business. Without me or my father's knowledge, the co-operative bank has loaned my husband money more than Rs. 10 lac and has attached other collateral security offered by my husba...

Sale of Agreement Cancellation by Buyer

Hi, My Family Member had given a sale of agreement for the land owned by him for an amount of 50 Lakhs and has taken an advance of 1 lakh in cash and 50000 in cheque. Now he has done this without consulting family and after consultation with family, as a seller he wants to cancel the sale agreement. Sale Agreement was signed on Thursday in a registration paper. Only thing my family member...

Late Payment on Flat

We booked a flat in Bangalore in Sep 2 018 for 63Lakhs where we decided that 32lakhs we will give from our savings and 30 lakhs we will take a home loan. In Oct we paid 2 Lakhs and booked the flat , Took the property documents for legal validations . Since My husband travels for 6 months and told the sales manager that we will do agreement in January after his return, the sales manager said he ...

Sale Agreement - Cheque Dishonored

Im the buyer, as loan is not possible on property.I Stopped Cheque Payment within 2 days of sale agreement.Now Seller is threating to file case.Terms & Conditions of Agreement are as follows. WHEREAS the property more fully described in the schedule hereunder is the self acquired property of the VENDOR who having acquired the property as mentioned above . WHEREAS the VENDOR is the abso...

Our Flat Owners Association

Our Flat Owners Association The reason for my present problem arose prior to 2012 when I refused to pay the pro-rata completion-costs of our flats' incompleteness due to the failure of the Promoter to complete our Flats arising from the Promoter's financial stress, despite our 100 % payments.. I took a stand that we should sue the Promoter for completion and the rest 07 x Owners wished to fu...

Please help!

Hi There, I have bought a residential property in Pune in March 2018 and the only document I have is registered sale agreement and few other project related documents + society share holder certificate. Parties involved in the sale agreement are developer, land owner and buyer (me). I availed the home loan from LIC HFL and now trying to switch this loan to SBI.. however in the balance ...

Validity of gift deed

Mr. A (owner of 2 story building) . Mr. B ( son of Mr. A) Mr. B got second floor from his father via registered sale deed 1999. Mr. B in 2012 told to his father to reconstruct the building via builder. Now Mr. B Execute Family GPA in Favour of his father( Mr. A) . and according to collaboration agreement Builder will make 4 floor out which 3 floor and 4 floor will retain by builder and 1 ...

How to stop further steps and get stay order for proceedings under SARFAESI Act, 2002

I have obtained an Over Draft Loan facility from a nationalized bank against mortgage of my immovable property (own residential house) and availed a huge loan amount for my business activities. Since last several years (decades) the account is being running smoothly. The OD facility is being renewed every year promptly till last year. Because of several incidents like introducing GST, demonetiz...

Deal has been cancel to sell property to buyer

I am a seller. I want to cancel my deal. Since the purchaser has given me token amount 51000. Then after they have given me amount 400000 by cheque as a down payment. I have not deposited this 400000 cheque amount in my bank. I have return back this 400000 cheque amount to purchaser because I don't trust purchaser that they will give me balance amount 2500000 by loan. Now I have only token amou...

Is Unregistered Development cum Sale Agreement enforceable under law after 2 years?

Hi Team, I am land owner for 400 S yards open land situated in Hyderabad, Telangana. I had entered into development cum sale agreement with builder to construct Non commercial apartments in the open plot with 50% share ratio on a 100 Rs Non judicial stamp paper, in September 2017 and received 4, 00, 000 as advance from developer with following terms and conditions. as a land owner I have to ...

Owner refuse to sale property

Dear Sir, This is Mohammed from Hyderabad I have purchased a house beside my house and agreed for 36,00,000 in last year Nov-18 and in the agreement we two agreed that sale consideration can complete in six month or can be extended mural from the date of agreement of sale, and in dec-18 I told to take 20,00,000 Lang for which he denied and in may I sent what's up SMS saying that I wanted to e...