Legal questions on Property Law

Tenant not paying rent

Location - Kochi / Kerala I have a small commercial building, which is jointly owned by me and my Father In law. The ground floor of the Building has been rented to one super market since 2017, A MOU of 10 years was made and 11 month rental agreement is being made. We have the present rental contract until 31 JAN 2024. The tenant is giving rent late and on/off bi monthly. when we asked him he ...

Need Legal Advice on unable to Stay during Notice Period

We stayed for 7 months at a rented Apartment in Pune and on 1st Nov we gave more than 30 days of Notice to Landlord. Due to some reasons, we had to visit our Hometown (Festival) & we were out of the station for 20 days. After the Landlord came to know that we went and the flat was locked, he started creating issues. Later once we came back, there were many prospective tenant visits. After we va...

Full OC and Handover of New building

We bought a flat in a society which is re-developed. But now the new tenants came to know that the builder is not supportive to new flat buyers. He is meeting with old committee members who are old members before redevelopment for full OC and Handover process but not entertainning the new members at all. Old committee members say that we are yet not members and we have NO SAY in handover. There...

Division of House and Shop along with business ( Leased shop & Partnership business running in it)

Hi, we are three sisters out of which two of us ( living in two different states of india) are going through property dispute with My Chacha's family and my youngest sisters in laws ( living next to our parental home) who have colluded. below is my question Q1.My mother and my aunt own two adjoining but separate lease deed plot (In Bihar) on which in 1992 my father and his brother built a comm...

How to get road access to my home

I live in a village in Andhra Pradesh , I have my house constructed in my land 12 years ago (this house was government sanctioned house got some subsidy from government), there was a private property in between my house and main road. Myhouse -> private land -> main road , we used access main road using corner part of private land , there were not document that prove we using that way , now...

Cancellation of Settlement Deed

Dear sir, My father owned a self acquired property. we are 3 sons to our father. Our elder brother influenced and requested by his affection and made settlement deed in 2014. At the time of deed registration he also gave promise to my father and mother that he will take care the property and will do justice to other 2 brothers and my mother. Unfortunately In 2015 December my father died . We...

My Advocate is lying to me.

My father sold a house to a neighbor, but there's an issue with the area mentioned in the Property Record (PR) card. To fix this, we applied to the land records office in the taluka, and they suggested filing an appeal with the district land record office through an advocate. You found one who charged five thousand rupees, notarized the required documents, and filed the appeal. Now, the advo...

Can a registered sale deed be cancelled

Regarding a property purchase and after completing registration process we came to know that legal issues as follows exists. Kindly request to provide clarification. 1. Title flow starts from year 1965( sale deed) 4800 sqft ( name assumed as A) and after in 1984 that person A sold it into 2 plots(2400*2) to B& C. None of the buyers (B & C) was holding 1965 original document. 2. During 1999 o...

Bangalore BDA property Sale without Absolute Sale Deed

1981 - Property Alloted to Father. 1983 - Possession Certificate issued. 1984 - BDA Condition Deed of Sale executed on 1984. BDA Conditional Deed of Sale, Alloment letter, Possession Certificate, BDA issued Khata. are all the documents available. 1988 House Built. Loan applied with existing papers. 2000 Upstairs house built with another loan applied with existing papers. 2015 All lo...

AGPA purchase registration with full consideration payment

It is general practice for real estate consultants in Hyderabad to purchase property on AGPA and then sell it in future and execute sale deed. Such AGPA and subsequent sale deed transactions will ensure that real estate consultants will pay net stamp duty of 1% to 2% instead of 6% to 7%. Even I am planning to buy property for short term and planning to sell in 3 months to 2 years. Can I purchas...

Buyer is asking for compensation when we don't want to sell our house

We initially wanted to sell our house, a buyer contacted us. The deal was for 50 lacs. We were okay with it. They gave us a token advance of 10000 rupees in cash. Then few days later, when we realized that there can be an increase in the UDS of our property and we didn't want to sell it anymore. So, we returned the entire token advance via UPI transaction. The buyer initally planned to b...

Private wide passage adjacent to punchyath pathway blocking

Sir I own 5 are land to which a private passage haivng 2.5 meter wide jointed with 90 cm wide passage owned by punchyath is open since 20 years. this private passage were the passageto my polot and my brother plot equally owend per the deed. My bother sellling upon the same new land loard closed the prvate passage (by means of a vertical boundery type wall) and litte area from punchayath pas...

Apartment Maintenance Due, Late Fine, Penal Interest by Apartment Association in Bangalore (Auction)

I have been looking at a Auction Property in Karnataka. The Defaulter has absconded, bank has taken possession of the property under SARFASESI. The Association which has been sitting on a trove of Maintenance due from 2016 has filed a case against Axis Bank demanding more than Rs.5,00,000/- from the bank. The Property Manager says that this includes the Maintenance approx. 3500 per month, La...

Is it possible for tenant to get stay order against eviction order ?

My tenant has 2 shop since 30years. He was not increasing rent and last year in 2022 he defaulted the 3 months rent. So I sent him notice regarding this and on not evicting the shops I file case under UP Rent Control Act 2021 for eviction. And he also file case against me saying "Landlord not accepting the rent" and showing much lesser rent than actual rent, asking court to grant permissions to...

Steps to be taken after preliminary decree

Hello All, For our Original Suit case in taluka court of Senior Civil Judge and Principal JMFC, preliminary decree has been given against us (Defendant). The case is of daughters (Plaintiffs) asking for their share in ancestral property. My father (Defendant) has already given them consideration amount (bank statements provided to the court) in lieu of relinquishment of rights. This was an ...

Sale of undivided property without consent and forged signature

My paternal grandfather alongwith family including wife, 3 sons and 5 daughters migrated to Kolkata from East Pakistan after partition. He built a 2 storied house in colony land of 2.5 katha in Jadavpur. He died in May 1988 and my grandmother received a patta for the said land from WB govt RR&R dept in Oct 1988. She made a will in 1994 dividing the property amongst 3 sons. All 5 daughters were ...

Sale deed is not there

Dear Sir/Madam, I am a resident of Navi Mumbai and purchased a resale flat in Panvel. I purchased a flat from the seller, a Sale of Agreement was created. Seller is a direct buyer from the builder and he has Sale for Agreement, possession letter but no sale Deed and it was never given to him. My Sale for agreement was executed at registrars office with witness. I have paid stamp duty and r...

Rera Sanctioned 7 Floors (G+6) Number of Unit of apartments are 6.

I am checking an under construction flat in Nagpur and I am thinking to buy it. When I checked the property in RERA site I found that it has (G+6)permission and I am thinking of buying a terrace (7th floor) flat. I saw a sale agreement which this builder uploaded on RERA site. In it, he has placed himself in the right of terrace. Where can I check whether the terrace flat builder is developing...

Lease

Four persons jointly alloted a lease on the name of FIrm in 1979. one partner expires in 1982 , although no any retirement or disolation deed executed but remaining partner continued business with other new partner. In 1993 an agreement excuted to handed over the business of firm to one partner and permitt him to change of name and not use the name the main firm but total business handed ov...

Can i buy back undevided ancestor joint property after 14 years

Sir, Sir we have a joint property which was named in my grandfather and his brother on 1957 through sale deed. Then on 1968 my grandfather's brother relinquished his share in her wife's name . Then his wife died on 2008 leaving only her legal heir that is her husband who was my grandfather's brother and my mother and me and my sister as they did not have any issue . Let me tell my grandfather...