Legal questions on Property Law

Common Toilet at common area

Dear Sir, we are living in a gated community with close to 40 houses (10 independent houses, 30 row houses), Builder constructed a toilet in a common area when the workers were working, later he agreed with community association that the toilet can be used for security persons to use it. now Builder is planning to demolish the common toilet because one of the new buyer objected that toilet ...

Land dispute on ancestral agricultural land.

Hello Sir, My father has 3 siblings- 2 brothers and a sister. My grandfather passed away in 1998(at an age of 92). My grandfather had kept his ancestral agricultural land (7/12) papers on names of his 3 sons only. Later, after his death, my aunt got her name on this agricultural 7/12 land papers. My aunt has also passed away in the year 2005-06 Later when my father and 1 uncle were misguided...

Disconnection of Water / Electricity

I live in a apartment which belongs to my father. I pay the monthly maintenance regularly. Association had carried out few common area work for which a drafted accounts were submitted. Can I ask for the breakup and I need to do vouching for all the expenses made by the association. It was also not projected properly (estimated). It was told that 10000/- per house and it was increased to 15000/-...

Old flat demolished by builder,not building new -Not responding

I was the owner of a flat which was old.A builder came into agreement saying he will demolish and give us a new flat which will be of higher square feet area also with better facility(Max 2 yrs time).There were 66 flats and all 64 flat owners together signed POA.But 2 flat owners were not aware,but still their flat was demolished.Now the land is vacant.Problem is now almost 4 yrs,no work starte...

Ancestor property issue

My paternal uncle having a property at native, which he transferred to his son and 2 daughters who all are now residing in USA( they are there for more than 30-40 yrs) . My uncle expired on 2001 ( who have the property) and as that time ,my another uncle who don't have any house started living there, ( my 2nd uncle start living before my elder uncle expired and we never ask him to vacate it). N...

How to evict someone whose mother, now deceased on 4-09-2019, we allowed to use a shop on property

We had bought a plot of land with Kuccha structure comprising of two shop rooms in 1982 at Titagarh, West Bengal. This was occupied by two people. They used to give us rent of Rs. 25/- per month. In 1996, i got the plan sanctioned from Titagarh Municipality. I asked the two tenants to vacate the premises which they did and the legal tenancy ended in June, 1996 effectively, when i started co...

Seller threatening to cancel Indeminity, Affidavit and GPA

Hi, We struck a deal with one of the property for X cr. We payed a token amount of 6 Lakhs and made an MOU mentioning that we will clear the rest of X-6 Lakhs in a months time. This was in first week of March '20. Then due to lock down, our funds could not be arranged as we had to travel inter-district to arrange for funds. So during the course of the period, the seller repeatedly was pr...

Succession certificate/Vumsa Vriksha certificate

I am Ramesh. I live in Bangalore. My father A Viswanath passed away last month leaving my mother and me as the legal heirs - I am his only child and have no siblings. My dad passed away in my house in Bangalore and my family now includes my mother, my wife and my kids. He has left no Will. We have an ancestral property which is registered jointly in my dad's name and my name. This is locate...

What papers to look for while buying a property ?

Hi, I am looking to buy a property. It has not received OC yet. I am very much inclined to the project as it has very good amenties. Quality of construction looks nice and has 83% open area. It has 2 building of (12 floor and 13 floor). I love the serene and peaceful presence and greenery over there. Builder claims following : - Doesn't have Landowner share so he can sell for less. - BBMP ...

पिता के जीवित रहते दो भाइयों में बंटवारा का क्या नियम है।

मेरे पिताजी दो भाई हैं, मेरी दादी इस दुनिया में नहीं है और मेरे बाबा चाहते हैं कि अपनी जाने से पहले सारी संपत्तियों का बंटवारा कर दे परंतु वह अपने बेटों के नाम नहीं अपने पोतों के नाम करना चाहते हैं। जिसमें मेरे पापा का एक बेटा है और मेरे बड़े पापा के दो बेटे हैं इसलिए संपत्ति का दिन हिस्सा होगा। क्या यह कानूनी तौर से सही है ? मेरे पापा पुलिस में कांस्टेबल है और मेरे बड़े पापा ब्याज पर पैसे वसू...

Fraud by builder

Sir, We had entered into a JDA with GPA in the name of builder in 2018. However he cheated us from day one, by altering clauses in document, staring construction without BBMP sanction plan and CC. After several months of negotiations we filed a case against him in August 2019 for breach of contract aski g court for nullifying GPA &JDA. (Both are registered documents) Now we find through RTI ...

Widow right in property

सर, मेरे दादाजी की मृत्यु करीब 40 हाल पहले हो चुकी है। उनके नाम पर जो सारी संपत्ति (कृषि भूमि, मकान इत्यादि) थी उसके लिए मेरे पिताजी व चाचाजी को सहमति से बराबर उत्तराधिकार दिया गया। कृषि भूमि के कागजात/खतौनी पर मेरे पिताजी व चाचाजी का नाम बराबर हिस्सेदारी के लिए अंकित हुआ। मेरी दादी जिंदा है तथा उनका किसी भी कागजात/खतौनी में न तो हिस्सेदारी के लिए नाम अंकित है और ना ही उनको कोई हिस्सा मिला है।...

Got Bangalore Development authority(BDA) ding plan sanctioned, but site shown as road on layout map!

Greetings, We purchased a building in Uttarahalli, Bangalore south, building plan sanctioned in 1980. We wanted to alter building and went to local bbmp office and asked for layout plan. They gave a BDA approved plan about parks in the layout with one AEE signature. This property number is listed in the layout plan. We applied for alteration to add a floor from bbmp and got plan sanctioned. No...

Transfer agreement of parking lot between previous owner of my flat and neighbor

Hi, we bought our flat in year 2005 from Previous Owner (P.O) and our neighbor(who is also a lawyer) is claiming that there is a agreement done between them (neighbour and P.O) in 2000. However, the P.O is not aware of any such agreement. there was some legal help provided for the previous owner by the neighbor (around 2004-5) and some signatures were taken by the neighbor during that time. How...

Seller delaying the refund of advance money amounting to 19 Lakhs.

Hi Sir, I booked a independent house near Rampally, Hyderabad and paid token amount of 1 lakh initially to the seller. Later lockdown happened and then we had to wait for 3 months. Then in May when lockdown was eased we contacted the seller and he said work will resume now and again asked for some advance. We paid 11 lakhs cash and after some time again paid 7 lakhs online for which we have ...

Inheritance rights in a property dispute with multiple wills

My mother willed her property to all her four children equally in a hand written will with proper witnesses. My brother refused to accept the will saying he has a will of a later date and has taken possession of the immovable property and has also been collecting the rents on the basis of the will in his possession, the original copy of which he refuses to submit in the court on one pretext or ...

To keep Water tank

Sir Hum lajpat nagar mein Ground floor m rahte h humaara water tank top floor pr rakha huya tha kch time pahle paani ka flow km hone se paani uoer tuk nhi jaata tha tub humne aur 1st floor pr rhne waalo ne apne floor pr hi water tank rakh liya but Hume problem hoti thi phr kch time baad kyuki jo tank top floor pr rakha tha usemai paani nhi jaata tha vo tank jo third floor pr rahte h unhone ye...

Security deposit for lease was not returned

Hi, my father made a lease deed for house with the house owner in the year 2011 for a period of 3 years paying 300000/- as security deposit, during the last month of our tenancy the house owner asked another 50000/- for his urgent needs and extended the lease for another 3years, totally he got 350000/- from us. while in the second term a third person approached us along with the house owner a...

Does a non-resident owner in a Bangalore Apartment needs to pay Maintenance Fee

I am working as Secretary of a Resident Welfare association of a housing society registered under THE KARNATAKA SOCIETIES REGISTRATION ACT - 1960. Our monthly maintenance charge comprises of BESCOM, DG, BWSSB, Security, Repair and maintenance of amenities and infra, HouseKeeping/Cleaning and PAID WATER. At inception in 2011, the maintenance fee decided to be on Fixed Scheme (i.e. not on squ...

Parking of a company car in society where i am leaving in rent

Dear All, My Name is Tarundutta Sharma and I am residing in Yamuna Nagar Andheri (W) mumbai on rent with my relatives and my name in not there in lease agreement. They have added my name but they remove that page stating it is not required. Recently my company had given me a car to travel from home to office and keeping with me. Have asked society to provide me parking space in society com...