Legal questions on Property Law

Regarding membership in a Cooperative Housing Society

Father and mother has one son and one married daughter. Father and mother who has jointly owner of a flat at Kolkata gifted it to his only son in the year 2016 by a Registered Gift Deed and as such the son became owner of that flat. Now father who is the single owner of another flat in a Cooperative Housing Society at a different place of Kolkata having nomination in favour of his wife (s...

Regarding fencing of my land 49.4 cent from four side

Sir i have 49.4 cent land in my native village in kanyakumari district… it is all recorded legally long time before in nearest taluka office and it is available with proper diagram in their site also… beside our land adjacent ally 5 residential owners are staying… my father long time before have also given one 2 feet path free to use 2 wheeler for their respective home. that path is under the c...

Harassing neighbour

I am having a house which is having 1 street and 1 Main road , i have open a shipon the road side and house gate on street . Neighbour's house and our house make a L , left side is neighbour house and bottom side is our house | _____________ |. | |. |. |. | |. |. |. | |...............|____________.|. | |______________________. | |. | |. | |. | This is for your better understanding,...

Right to submit claim

Respected Sir, My eldest sister expired on 07/09/2016 leaving behind 3(three) sons who all are now aged above 50 years. My next sister (also elder than myself) was an issueless widow and was a sole owner of a compact flat within a residential complex at Kolkata area. She expired on 06/08/2023 leaving behind no legal heir/s at her husband side. We, the rest two brothers and a sister have...

Force fully occupying land and giving threatening to kill if construction is attempted

1. I have purchased 6.5 decimal land near my native place. My neighbour residing adjacent to our land started opposing the boundary wall construction whenever we went on the land, in the name of measurement by government RI and want some time for that on one occasion they tried to use violence for the issue. By this way they passed the time for one year and then get registered some part of the ...

Pagdi system tenancy rights under Enemy Property

My family has been residing under in a 1 bhk in mumbai under pagdi system for more than 80 years. The landlord moved to Pakistan during the partition and the property is now vested by the Custodian of Enemy Property for Govt of India (CEPI) after the Enemy Property Act was passed in 1968. As per the prevailing pagdi system, we have continued to pay a nominal rent amount (which is less than th...

Excavation and diversion of public water resource

There is a public canal on the west side of my land's boundary which feeds to a pond in my neighbours land. This pond is there from atleast 70 years. Now my neighbour has filled the pond with soiland rock and diverted the flow of water from where pond was there to a different area of his land. My land is at a higher altitude (atleast by 6 to 7 fet) than my neighbours land. Adding to this he dig...

Issuance of Housing Society Share Certificate

Hello Sir/Madam, Case Brief : My tenancy property in Mumbai went under Redevelopment in 2006, a PAAA agreement was made an registered for Flat No. 3. Subsequently Builder changed the plan and my flat was made of a smaller size by 125 sq ft, he offered me another Flat on same floor Flat No. 1, which I refused initially due to obstructing view as he created an Electric Substation in front of i...

Gpa validity

Hi, We have an ancestor property of 1.7 acers, my grandfather has 3 son, my father is 2nd son. The property was made registered GPA to third person by my grandfather, my father and his young brother, but the elder brother did not entered in to this transaction. This happened in 1994. The GPA holder made layout and sold sites based on the above GPA. There are already some sites which are...

Ancestors Property share between two wifes children as w1(died) has one child and w2(alive) has four children

My father has married my mother and she died after one year of my birth and my father married another women and she has four children including three daughters whose got married in the past he(my father) has the property of 50 acres how it will be divided between us and how much share i will get. please give me exact share like 10 or 20 acres. I own 40 acres of land which i got from my mother ...

Forged will submitted by Mother and Sisters

Dear All My father had made a Will in which we had clearly mentioned that gala in Mumbai Area will be mine after his death. This gala is not a part of Cooperative society but is formed as a Company where my father is share holder. In addition to the Will in the shares of the company we he had made me 50% joint holder and has also put me a nominee for his part of the share on his death with d...

Noisy upstairs neighbor in an apartment

Hello everyone, My situation seems like another typical noisy neighbor problem with the apartment upstairs, but it has gone beyond what is reasonable. I bought a flat in Bengaluru in 2020. The upstairs neighbor, a woman with her daughter, moved in during 2021 and began renovation work without prior notice to anyone. Since 2021 was the peak of working from home, I raised my concerns direct...

Can heir of pagdi property owner refuse share in redevelopment to heir of tenant?

My father was tenant in a pagdi property 65 years ago. He had continued tenancy for about 35 years, post which he shifted to self owned property in another city. Post this he continued to stay periodically in pagdi property for next 10 years. Post that original owner passed away and we could not locate residence/contact details of his heirs and hence rent has lapsed for the last 20 years. Later...

Unregistered association.

I am a Sr.citizen living at south DumDum in a flat consisting of 10 flats with other owners since 1993. Here a gentleman and his wife purchased 2 resell flats and took possession in the year 2000. He forcefully holds the Post of secretary & cashier of this unregistered owners Association for the years after years. Sometimes he nominated a owner as per his choice . Being the secretary of this fl...

Consumer court judge not allowing to admit our case due to our giving reference of NCLT Court order against builder

We filed case against builder in consumer court belapur for not giving possession on time i.e. 31/03/2022 (possession date) a) To highlight some minus points of builder, we mentioned in our case about builder have taken more than 80% payment from home buyer. Also taken around 200 Crores institutional loans for this project. b) We also mention that one company to whom builder had given co...

Registration of Auctioned property to the authorized person from Auction Winner

I have recently purchased a property from a bank auction. I was the winning bidder and have made the complete payment from my bank account and the bank has also issued the sales certificate in my favor. Now at the time of the registry of the property, I asked the bank to execute the registry in favor of an authorized person suggested by me but the bank is refusing stating that the law does not ...

Tenant issue.

Hi! I rented my House in December 2023 and agreement was made on 3rd December 2023. January and February rent paid by Tenant on time. March Month he did not paid the rent and not answered the calls. In March end he arrived in the society with him famile (wife and 2 children). As he did not paid the maintenance of last 2 month . Maintenance department cut the light. That time he called me ...

Harrasment by parents

I am the elder son of the family 30years old, my sister is the younger sibling 20years old and she is now in college. I have been married in 2021. My father was a high ranking officer in Central government when retired in 2016. He has 4 properties worth almost 3crores. Also a lot of bank balance, shares gold jewelry and mutual funds. He also earns a hefty amount in pension. Now 3 years back wh...

Legal stand on maintenance charges standalone apartment 75 flats

Sir/Madam, I own a flat in an apartment located at KPHB, Hyderabad, Telangana. It is a stand-alone apartment and around 75 flats with sizes varying from 1200 SFT to 1780 SFT (50 2bhk & 25 3bhk) . We are in the process of forming a CHS. We have prepared an estimate of complete expenses which include common electricity, security, water, Watch, DG & AMC (One time Payment at year-end (2500/- per fl...

Tenant in Ahmedabad not evicting the office post 1 month notice (given by email)

I have an office in Ahmedabad. The matter is as follows: 1. A notarized agreement was executed in October 2021 for a 3-year term. 2. The landlord (myself) was responsible for municipal bills and maintenance costs. 3. The agreement included a 5% annual rent increase. 4. There was a one-year lock-in period that expired in October 2022. 5. After the lock-in period, either party could give a...