Legal questions on Property Law

मकानमालिक किरायदार मामला

महोदय, मामला यह की हमारे पिता जी एक सम्पति (1 कट्टा 10 धुरकी) खरीदी सन 1999 में, जिसमे पहले से ही एक झोपड़पट्टी मकान बना था और उसमे एक चौहद्दिवार पडोसी का बेटा किरायदार के तौर पर रह रहा था, लेकिन पूर्व सम्पति का मालिक उससे किरायनामा ले चूका था सन 1999 में, सम्पति का मालिक सम्पति हमारे पिता जी से बेच दिया, चौहद्दिवार पडोसी का बेटा बगल में मकान बनाने के नाम पर हमारे पिता जी से समय लेता गया अपना ...

Sale of Flat during Redevelopment in Mumbai; after DA but before PAAA.

The cooperative housing society in Mumbai in which my friend stays is going in for Redevelopment. The Development Agreement (DA) with a Reputed Builder has been signed and registered, with the Builder, Society and all the Members of the Society as parties to the DA. As part of the DA, some Corpus (Hardship) amount has also been received by my friend. The PAAA (Personal Alternative Accommodatio...

Redevelopment: Sale of old Flat in Co-op Society in Mumbai after DA but before PAAA

The cooperative housing society in Mumbai in which my friend stays is going in for Redevelopment. The Development Agreement (DA) with a Reputed Builder has been signed and registered, with the Builder, Society and all the Members of the Society as parties to the DA. As part of the DA, some Corpus (Hardship) amount has also been received by my friend. The PAAA (Personal Alternative Accommodatio...

Refund of 10 % booking amount to Builder after cancellation

I had booked a Flat with M3M at Gurgaon sector-79 costing 3.35 cr. on 10-90 basis and given 10% advance to them. But after some time i was informed by them that only 75* will be given by bank and remaining 25 will be born by us. In between we got BBA registration and alotment documents from M3M team but due to ED and CBI issues of their Directors they went jail. Only two banks ie. Bank of Mahar...

Transfer of share certificate/society membership

Me and my father jointly purchased the flat in Mumbai in year 2001, but in 2002 my father passed away without making a WILL. My elder sister was already married in 1989 and I had taken home loan to purchase my flat, my father had suffered a stroke even before we purchased the said flat and hence there was no way he could secure any funding for the purchase of the flat. But my name was not inclu...

Flat related query

Dear Sir, I have purchased a flat through bank finance and the bank has disbursed around 38 lakh to the builder. After full construction I was not satisfied with the architectural design of the said flat. Hence I talked with the builder about changing of the flat He agreed and the flat was cancelled through registered cancellation deed and a new flat in the same floor was alloted by the builde...

Flat on the floor above - Encroaching the Pipe area

Hi All - I have a flat on the 6 floor of Purva Sunshine Apartment on Sarjapura Road Bangalore. It is a old society more than 15 years old. The builder is completely out of the picture. The area where there are pipes coming out of the bathroom is open. It is built like a shaft or a duct (covered from 3 sides by walls and open on one side). The flat above mine 7th one is the top most flat and...

Enforcable Contract | Stamp Act | Token Amount Forfiet |

There was a "agreement to sell" on dealer letter head between my wife and seller, which my wife didn't sign and only I signed, as that was just a token receipt of bayana and the later Seller sent me another agreement on 100Rs stamp paper (notorised) signing it. Seller tried to cheat and already a fraud case is registered against them in Ghaziabad. Above-said agreement to sell which was on just ...

Share of property

I am staying in my house which is jointly held by my father and me with 50% share each. Now my father has passed away and my mother and sister are asking for equal share in the property i.e. 33% each. Legally I should also get my share in my daddy's share but my mother and sister are wanting equal. I have a wife and 2 children and sole earner and my mother stays with me. Sister is married in a ...

Bank won't approve loan for a survey number in the project

I am planning to buy a plot from a RERA approved project in a gated community in Bangalore. The project is fully completed by an experienced builder & plots are ready for house construction. Legal documents are all clear. Builder has a tie up with 4/5 reputed banks & plot loans are available. When I contacted HDFC Home loans which had tie up with builder, the loan executive asked me for the sur...

Allotment of mhada flat

My wife won lottery of cidco flat in November 2014 and got possession of flat in February 2017 which was in navi Mumbai outside the Mumbai corporation area Meanwhile in 2016 mhada announced a lottery for location which was nearer to my job location,I have applied for that lottery and won that lottery Mhada conditions was applicant shoud have maharashtra Domicile and he should not have f...

Cancellation of a verbal agreement to sell property by seller by refunding of token advance of 25000

Dear Sir/Madam, I engaged in a verbal agreement for sale of property representing a family friend, with an individual affiliated with the intelligence wing of the CID, Bangalore, on 12th November 2022. As part of the agreement, we received a token advance of 25,001 INR. The understanding was for the buyer to pay the agreed-upon sum of 83 Lakhs and complete the site registration by the end of...

Property Dispute- Cancellation of Gift Deed without Court Fees

I need you advice in the below matter if you can advice me it is highly appreciated Subject : Property Dispute I need adivice from an expert. My Grandfather is having 3 child. My father being the eldest, one sister and one younger son (my uncle). Unfortunately my Grandfather passed away on Dec-2019 ,he is suffering from paralysis since April-May 2019 and was not well since then. My Gra...

Quality of Painting of the Apartment building

Respected Sirs, Ww gave got possession of our flats in 2022 October/November. We are 40 flat owners in total. Wd are not happy with the painting quality especially carried out in the internal area if our entire flats including the common area. Verbally we have communicated the builder but they dont much seriously taken the matter. (Please be noted that some if the owners have done their...

Common road pathway- what is the procedure for getting corporation road

We have 10 x 50 ' feet common pathway for myself and near by plot owner. the nearby plot owner constructed house 25 years back and i have purchased land near him with common pathway 10' x 50' . when i purchased it the 5'x 50 ' belongs to my portion was gifted to panchayat union. but the nearby house owner has not gifted or the panchayat union demanded while plan passing. The only way to my hou...

Stray Cat littering infront of my door.

Hello. I live in top floor of a co-op housing society. (7th floor) There is a stray cat which is coming infront of my door and littering/urinating. The main problem is, i have indoor cats and because of the stray cat there is high chance of my cat being infected. I wrote a big message to society group explaining the harm it can cause to people of the society, everybody left it on seen...

वसीयत स्थानांतरित

सर मेरे पिता जी की पहली पत्नी से उन्हें एक बेटी है जिसके कुछ सालों बाद उनकी पत्नी का देहांत हो गया फिर उन्होंने दूसरी शादी की जिनसे मैं और मेरा भाई हुए मेरी मां सरकारी नौकरी में हैं मेरी मां ने अपने नाम पर property खरीदी मेरे पिता के देहांत के बाद मेरी मां ने वसीयत मेरे और मेरे भाई के नाम बनवायी क्या मेरी मां के देहांत के बाद मेरे पिता की पहली पत्नी की बेटी मतलब मेरी सौतेली बहन का उस वसीयत पर...

Joint agreement amongst all the legal heirs to avoid partition of property inherited through a will.

Our mother left a single house property to us two brothers through a will. She died in October 2001. We got the Will registered by 2004. In the Will, our mother first states that she bequeaths the property to us two brothers. Next she states that "they (i.e. we) shall divide the above house" into a North and South parts, each to be inherited by one of us. (Detailed room wise partition also m...

Buyer not honouring the sale agreement and forcefully signed the cancellation of agreement to sell

Hi Advocates, I ( as a seller) had entered into an sale agreement for a flat with the buyer in Dec 2022,advance payment (10% of total sale amount) was made by him through cash for the agreement and 3 monthtime was given for registration of sale deed. In the sale agreement there was specific clause, about what should be done if he does not pay within the scheduled timeframe, if the buyer fail...

Builders did a fraud in giving possession & now he is dead.

My case is unusual than others, I have Purchased a land from the builders who was going to give me a full constructed House Possession. With me, my 2 Friends invested there money too in same thing. At that time he showed us a ground on which he was constructing but as time passes he did a fraud and While getting the map Verified he Never mentioned which house is next to which. I.e he sold the...