Legal questions on Property Law

Tenancy Right

Sir I have one small shop in Mumbai under pagdi System under the name of my father (my uncle who has adopted me) I was verbally adopted by elder brother of my biological father and I have aadhaar card, election card, ration card, school documents that shows my uncle's name as my father. My uncle had no child and I have been staying with him since I was 4 years old. I have no document...

Query

I and my husband are staying with my Mother in law (father in law died last year) an unmarried sister in law and my daughter of 9 years. My elder sister in law is married and stays with her husband. My in laws used to harrase me since this is my 2nd marriage. But i stood strong. Even when I was pregnant at the time of my daugher, they used to harrase me. My unmarried sister in law in having psy...

What is the process of selling my inherited flat in mumbai having unregistered agreement of Dec 1983

Hello, I have inherited my mothers (deceased on 17.12.2005) flat and 100% Share has been transferred in my favour by the society with all interest on the basis of 1.Application for membership submitted by me on 20.09.2013 along with copy of death certificate. 2.Copy of my mothers nomination form in my favour dated 15.09.2004. 3.Cheque of Rs.500 towards share transfer fee - dated 24.08.2013 ...

Women property law: Grandfather Provided WILL on 1978

Dear Lawyer's, Please provide your opinion for the below Property issue: Issue: My Aunt (86 years old) applied case in court and demanding 25% property share from my father as per 2020 Women property rights law. (She is my father's own sister) Background: (i) My Grandfather has one son and 3 daughters. Year 1986, my father got signature from 2 Aunt’s and he didn’t get signature from ...

Administrator rights vs Society member rights

I'm part of society which is taken over by administrator as per direction of Registrar as existing managing committee resigned directly to registar without informing society members. Managing committee member nether held Agm in last 4 year nor given any report or audit happened in that duration and balance was almost nil in society account except few FD most of them rented out their flat and ...

Land registration pending

Hi.. I have recently purchased plot in visakhpatnam.It is a vmrda ( govt authorised layout) plot and loan has been provided by axis bank . One of my friend has been planned to take plot and payed the full amount - 50% white and 50% cash. Registration has been done.its been 2.5 months that registration is done and we have not yet received the document. As per the local information - registration...

Buying a Pagdi Flat which is going for Redevelopment

Hi, a reputed and known builder to us, has given a option to buy a tenancy flat which is appx 500 sq ft. On redevelopment this will be appx 700 + sq. ft and this will take around 4 years. Mhada NOC is received and after IOD , building redevelopment work will start. This is expected to happen within 6 months. We have been informed to consult about Short Term Capital Gain applicable on such a...

If OC is not there, can BBMP ask us to vacate the building?

We bought a flat in Dec 2012 in a 90 unit apartment, but builder has not completed the work till now. Mean while, as we already paid 100%, so we 25 flat owners did registration of our flats and than start staying in the flats. Now builder has started building 8 additional flats, which are not part of the approved plan from BBMP. And he did not applied for any legal procedure to get permissio...

Society handover and selling of stilt parking space

Builder has taken 25000 from every flat owner in cash and transfer for society formation while OC was obtained 4 years ago. He took money in nov 2019 and is giving lame reasons of covid. He has not paid water bills for a year and even watchman salary over 4 months inspite of us paying regular maintenance. It’s a small apartment with 20 flats in Navi Mumbai. He has also sold one large stilt pa...

Proportionate Common Area Issue

Hi, We recently brought a 2bhk apartment and took possession of the same. In one of the project documents recently shared by builder for crosschecking carpet areas for maintainence (annexure containing all types of area details for all flats), we noticed a discrepancy with respect to the sale deed. The "proportionate common area" is 21.6 sq.m. on sale deed vs 37.6 sq.m in the annexure. ...

Non refund of security money of Rs 50000

I/we live in Delhi and my son ,Chetan Rawat while studying in Pune took a house for rent under rent agreement for 11 months wef 1st Oct 2018 2018 to 31st August 2019. Due to some urgency he decided to vacate the house in June 2019 so he informed his house owner in person and as well as over phone that he will be vacating the house on 15th June 2019 and requested him to refund the security amoun...

Apartment owners association

Hello Sir/Madam, I am living in a apartment. The owners association is formed my non owners( eg: relatives of owners are members) and association still a run by few people and no cooperation from all people because it formed by a small set of people and no support from many of the owners. After 3 years now, we All owners discussing to form a new owners association with more of 80% of the owne...

Car parking for married daughters

My father was the owner of the flat and after his demise, my sister and I agreed to have the flat transferred to my mother's name, and we both remain as nominee. I and my sister are both married, however after our fathers demise, we have been staying with our mother. When I started parking my car which is under my maiden name and address, our managing committee issued us a letter that I will no...

Partnership dissolution

Hello experts, My family has 4 business partners (mother , father and 2 sons) in a partnership firm at a will and now they want to dissolve the partnership with one of the partners but he’s not agreeing to it. Their shares are as follows: Mother’s share-30% (Investor) Father’s share- 30% (Investor and property owner) 1 Brother-20% (business Expertise) 2 Brother 20% (Business license) ...

No legal agreement available for construction

Last year in 2020, we came into contact with this Architect with whom we finalized the deal in 27 lacs for the construction of my house but due to covid time, all offices were closed so we could not make any legal agreement of the same. Subsequently, he has given us the agreement in the PDF form in which material to be used and stage-wise payment details were mentioned. The work started and aft...

Wife's right

My father got ancestral property in 1958 from my grand father after execution of relinquishment right by my father in favour of grand-father / mother and uncles. In 1984 father executed memorandum where in one share given to me, one to my elder brother and rest residual property is kept by himself ( father) along with mother, of said property received by my father in 1958. Document of 1984 is u...

Damage caused to my flat by neighbour above reconstructing his flat

The property has four floors in total and each floor has one flat. The floor above mine was bought by someone and that person started reconstructing and remodeling parts of the floor before moving in to the floor. The construction has caused damage to my property with minor and major cracks all across the floor (living room, bedrooms, bathrooms). The neighbor has agreed to get the repairs d...

Transfer of property

My mother lives in England. Her property was transferred to her son by her brother in law who obtained a POA without her son or daughter knowing. Mother was under medical mental health team since a number of years. Whilst she was in mental institution her property was transferred to to her son. Mother and daughter found out a year later. Obtained a solicitor in india and broke the power of atto...

Can nominee claim 50% in share in jointly owned property after one owner dies

I had purchased property in Mumbai in July 2005 with my source of funds. I have added my wife as a co-owner in the property and jointly signed the purchase deed with my name appearing first and her name second ( for example: Mr. A B C and Mrs.D A C) we also jointly nominated our son as 100% by filling out the form and submitted in the society. Now my wife passed away last month and my son has c...

Property

My grand father was tannet to a jameendar and in the year 1993 according to tannancy act my father has paid the compancation to jameendar through court and transferred land to my father's name will it comes under self acquired property or ansister property. Before my birth my father bought my nearest relative's son (no adoption was taken legally or as per hindhu adoption practices) in age of...