Legal questions on Property Law

Decree not done on a Compromise Petition against O.S.

Hello Sir, I have come across a residential project where I need assistance from legal experts. There was a land parcel that father partitioned among his 2 sons and 3 daughters. Younger son registered a case against his father in City Civil Court in the year 1991. Later in 2001 (father expired by this time), brothers and sisters compromised and went for a Compromise Petition. In the com...

Is gift deed better or release deed or any other affidavit will work to transfer property?

The scenario in my case is, the new property my parents got did booking and registration for, the builder told us we have time till we get possession around 2025, and that's why my father invested the money we reserved to pay. Now we are going for home loan for which I am eligible, however my name is not involved in that property, thus they are asking us to pay for the registration and stamp du...

Access to Canopy Area in flat/apartment

Dear Sir, I have a canopy flat in Thane and the access to canopy is only from my flat. However the sales person who has sold me the flat showed me their other flat which have canopy and how the flat owner has maintained that. Upon possession they mentioned that I am not authorize to do any alternation or changes. Since then I have been requesting from builder multiple times to keep the canopy ...

Forgery will of grandmother's property

Grandmother Laxmi passed away peacefully in her sleep, leaving behind a legacy of love and a tangible reminder of her existence – the family home. However, the inheritance of this cherished property ignited a bitter dispute between her two grandchildren, Arjun and Vishwa. Arjun, the elder grandson, claimed sole ownership of the house, citing a handwritten will allegedly penned by Grandmother L...

Future prospect & challenges of a flat purchased without original sale deed

We are planning to purchase a flat in a housing co-op society from a close friend who had misplaced her original sale deed almost 20 years back. At that time,she had filed a FIR;and had collected a certified copy of sale deed. She did not issue any public notice at that time.To make things tension-free, we were thinking of the following course-1. The seller to issue a public notice in a leading...

Demolition of 60 yrs old building

Last year my sister and I did a partition deed for our parental house which is 60years old. After getting all the plan approvals now I am about to demolish and construct new house.The building is on common slab.My brother in law being a quarrelsome person is causing issues and preventing us from demolishing the property.Firstly he said ,building in his part will also collapse,but it didnt happe...

Gift Deed Cancellation - RoR Entry

The questions is related to land pertaining to XY12. My grandmother had 4 sons, I am the son of her 3rd son. My great-grandfather adopted my grandmother's eldest son because he did not have any male heirs. My grandfather did not have any lands so my great-grandfather made a gift deed in favour of my grandmother for a few of his survey numbers, which would be passed equally to her 3 sons apart ...

Kabza on Ancestral Property

Hi Sir/Ma’am. I have been trapped by my own family. My father has 2 more brothers out of which one lives in Australia since 30 years and one passed away 25 years back. Now, two years back my father passed away. My father his whole life took care of his mother(my grandmother) & father (my grandfather) and took care of their expenses and everything. My chachu who lives in Australia never came to...

Unjust division of property dispute.

My grandpa passed away in 2011 without dividing his property and without any will. We live in a joint family in the same property but there are disputes over property division every single day in my home, in order to accomodate family members needs. My grandma is a widow and has 4 sons living in the same house. However, the property occupied is not equally divided among them. My father being th...

Builder not paying rent

My property of a villa I purchased in 2020 was due for possession in 2022 by March, the builder delayed the project citing covid and said he has extension from RERA and handover kept on being pushed further. After lot of pressure and followup, he finally agreed to start paying rent for the property if handover not done till April 2023, and finally in May he paid the 1st rent after entering into...

Prepayment before home loan disbursement

Hi, I'm a salaried employee working in IT sector. Planning to buy a under construction new flat from builder valuation of around 28 lakhs. Upfront while booking i had to pay 20% as down-payment and planned to arrange rest of the money via home loan. Now as per agreement, I have to pay 5% of remaining amount (after down-payment) at the time of roof casting of each floor and 25% at the time of ...

Sale & Construction Agreement Confusion

I am interested in purchasing under construction flat from the builder. My builder gave me two agreements. One Sale agreement states that the purchaser approached the builder to purchase uds interest right and title and the builder agreed to procure uds of land at a consideration amount with the right to construct a residential flat through the builder. Another is a construction agreement stati...

Any land can be fenced without the permission of the court when the court is in the case

In my property there is a court case going on between us and one of our family members for him claiming our land and a court case is going on in that regard. And he has fenced in our land, in such a case he can fence without court permission. And how to know that he has permission. (मेरी संपत्ति में हमारे और हमारे परिवार के एक सदस्य के बीच हमारी जमीन पर दावा करने को लेकर एक अदालती मामला चल रहा ...

Converaion of tenancy to ownership during redevlopment

Father was tenant. He haad 3 children. One daughter got married in lifwtime of father and left the tenanted premises. The otjer two children one skn and daughter both unmarried become joint tenant. This property later redevloped and both joint tenants got permanent alternate accomodation on ownership basis. Soictey is formed and its been 25 yrs. One of the joint owner died after about 25 yrs of...

Wrong House plan sanctioned by Architect MCD fees paid and House got constructed..

Hi, 2 year back my father got mcd plan sanctioned by Architect and paid fees. We constructed the house its been over 1 year we are staying but came to know plan passed by Architect was wrong and our house is not as per the sanctioned plan at all. The coverage of property is as per law.But we have done amalgamation of 2 plots and map sanctioned individually for each plot though both the plot ha...

TDS and Sale Deed value on assignment property from builder

Hello, I am situation where I am buying an apartment from Party A who booked an apartment with builder B. The property was never registered and the flat is now ready for possession. Party has some dues pending with builder (deposits, fees and registration cost) which I will be paying directly to Builder (but recorded as part of the Sales BiParty Agreeement with Seller). To explain the ...

Property issues

Hi, My grandfather is 75+ years old ,he says his 3 acre agricultural land he wants to sell it,He also says it is his self acquired property so he can sell it to whoever he wants to ,my father is alcoholic and he doesn't care about all these but my mother who has worked and grown crops in that agricultural land and also cooked food to all labourers during crop seasons each year for 20+ years an...

Stamp duty on lost documents

I have a industrial gala in Sakinaka Mumbai. Now initially the owner(xyz) purchased the property from builder in 1973 and also had lost the original agreement. In 1975 we purchased the property from xyz by making a partnership deed on stamp paper (no sale deed was made) where our our 4 family members where included as partner with xyz. In 1976 xyz was retired from that partnership by paying s...

The % of share of the son who bore all the expense amongst 3 siblings.

I belong to Sunnu Muslim Family and my question is regarding my own share of inheritance .I have a family of 1elder brother and 1 younger sister and our mother. My father died on 1998 leaving behind 1) a Flat & 2)state government job (compensation basis). As per decision taken on 1998 by the entire famiy my elder brother was given my fathers job (state government job) on the condition that h...

Refund money from Builder in case of Cancellation

Hello, I want to know my rights. i had booked a flat in a pre launch in Sep,2013 in Grater Noida, Gautam Budh Nagar, Uttar Pradesh. Builder has launched this project in Mar, 2014 and released allotment letter. After reading allotment letter, there were many clauses which were one sided and i was not ready to sign the BBA. i was assured by builder to amend these but they kept on delaying it. A...