Legal questions on Property Law

Younger uncle took all property papers and not giving my father to atleast look for.

By August 2015, my grandfather died. After that within 2-3 months my small uncle took all the property papers with him. They are 6 siblings including my father (3 brothers & 3 sisters). My father is the Elder one and look after my grandmother who is paralysed and bedridden. My uncle stays in another flat with his family and my father and second uncle stays in grandfather's house. When my father...

Sister in law took my Father property papers and Gold ornamaents at her home without informing them

Dear Sir , My Father is bedridden and Mother has got paralytic attack recently . My sister in law without informing to my parents took their property papers and Gold ornamaents at her home. The property is belongs to my father's name only .My father has got two children .My brother is elder one and I am younger one .My Brother passed away before 2 years due to Brain strock . Till date I too...

Tenant has not paid rent for 11 months to retired senior citizen and not vacating

We are from a city called Sirohi from Rajasthan state. My Father (72 Years) rented out our whole premises on rent in year 2007 which contain Shop at ground floor and House on top floor. The ownership of the shop is in name of my mother (71 Years). The tenant is running a private computer training institute in this premises and paying Rent via Bank account as mentioned in the Rental agreement. L...

Seepage Issue from Upper Floor and No Cooperation from flat owners

My house(DDA Janta Flat) is severely damaged due to the seepage from the pipeline of the 1st floor. Our ceiling and walls are badly dampened & destroyed by the water seeping throughout the house and we made several requests to the upper floor flat owners to get their blockages cleared and pipelines replaced / repaired. Our ceiling has fallen off at a lot of places and because of this we moved o...

Ownership and usage of amenities

We bought a flat in 2019 and all the amenities that are promised by the builder are mentioned in the sale deed. Except squasscourt which was promised by builder and later built by him after much pressure from owners. That’s a part of the clubhouse. As per the price list given, we have paid clubhouse charges of 25k also as part of our property value( no tenure or validity of this amount is menti...

Property and other assets

Dear Sir, My father in law died intestate & is survived by wife, and 2 married daughters. We got the property papers transferred in mother in law's name by giving R/Deed. Bank accounts are also transferred in her name with elder daugher as nominee, as she is incapable to operate the accounts. Monthly transaction details etc are also shared with her. What would be the rights of daughters in thi...

Builder not paying Pre-EMI Legal Notice from Bank

Hi, I had booked a flat with a reputed builder in 2016 in subvention scheme. The promised possession date given was of Dec'18. However the project is delayed now and new date of possession as per latest information is in Mar'2023. During the course of time, Builder has now stopped paying the Pre-EMI citing lack of funds and is asking me to pay the amount which he would adjust in final settleme...

Mutually agreed to cancel agreement of Sale, Seller is returning half token money, rest soon

Hello Experts, I was interested in buying a 3BHK with agreed amount of ₹ 60L (deal was good economically), since the seller was in debt and wanted to sell off flat earliest, he demanded ₹30L as Down-payment and rest amount due when the bank approves the Home loan. We executed a sales agreement on just stamp papers and I did payment thru RTGS and have records,As a surety, I took all the origi...

Tenancy Rights

One of the property which is the tenant premises is in redevelopment , My question is as under. 1. The original tenant was mother who had expired. 2. There was the dispute between the brother and sister for property . hence one of the legal heir had filed a suit for partition of this premises. 3. One of the brother who was in the possession of property had made statement before the high cour...

Property sold and amount forfieted with issue of legal notice

Respected Members, I request your advice on the following matter, I have agreed to sell my house at a loss of around Rs. 5-6 Lacs which includes the amount of registry and Loss of Rs. 1 Lac from the registry value. Means I agreed to sale for Rs. 28 Lacs, however I have purchased at Rs. 29 Lacs. Since I have purchased in few months back and due to some personal exigency, I went off to sale th...

Probate of will

My grandfather(mother’s father) expired due to covid 19 on 19 may 2021, My grandfather and his elder brother are residents of one bungalow which is like a duplex and is divided between them equally. My mother is only child of these two families. But she is real daughter of the younger brother and elder brother adopted her verbally and his name is used in all legal documents. As the elder on...

9th Daughter claiming share of property patitioned in 1975-76

Hello, My grandfather have 4 sons and 5 daughters. The 9th daughter is claiming share of 1/9th now. She issued us 2 notices recently. I tried finding partition deed, but failed to trace it as it looks like those days this system of paper work was not present and I understand it is a oral family settlement between male family members. My father the 6th one for my grandfather got all the 4 of ...

Flat and sale agreement

While selling our flat we agreed on a buyer initially through a broker. The broker prepared a sale agreement on behalf of the customer. Her sale agreement looked everything favorable to the buyer. Then I was put on hold and said we were not selling the home at the moment because I felt the broker/customer was not genuine. At the same time, I got another potential second buyer. Also, he quoted a...

Builder not following the rera sale agreement format

Hi, I have recently paid the token amount for an underconstruction property in bangalore. the builder has come up with a sale agreement which is heavily in favour of the builder. they have written up clauses which gives them an advantage in case it doesnt meet rera set guidelines such as: 1) giving possession without getting the OC or CC. and starting the maintenance way before any amenities...

Spes Succession , GPA , Consent and Sale Agreem ent

URGENT REPLY...... Independent house purchased by Mr.X on sale deed in 1980 and Mr.X is having 6 childrens (4 Sisters and 2 Brothers) Mr.X died in the year 1995 and Mr.X wife died in the year 2019. No will written by Mr.X or Mr.X wife or Any registration happened till date. Now Mr.X family given for KHATA CHANGE on 6 children's name at municipality. But issue is most of the sisters stays...

As a 32 Years old pagdi tenant what amount should we claim to vacant the shop?

Dear Sir, My father rented a shop in 1989 at a monthly rental of 500 rupees. He also paid 58000 rupees as pagdi at the same time. In 1989 the shop's market value would be around 1.5 lakhs. Initially few months landlord used to give rent receipts and later on stopped giving. Rent increased to 1000 rupees till 2010. All of a sudden on 15th January 2010 a sent a legal notice to us claming that...

Incorrect Proportionate Common Area | Deed of declaration vs Sale deed

Hi, We recently purchased a flat and executed the sale deed. We see that there is a mismatch in the deed of declaration (I guess of apartment that mentions all types of areas of all flats) and our sale deed with respect to proportionate common area number. All other numbers like carpet/UDS/SBA/etc are proper. This number could not be crosschecked as it was not present in the sale agreement ...

Validity of Sale deed executed by the agent/ holder of general power of attorney.

My father gave a General Power Of Attorney (GPA) for land plot to his friend on March 2nd 2005. Among other powers my father explicitly stated that GPA agent can sell the property if he finds a profitable deal. He gave GPA because my father is a member of the chit scheme run by the friend who is holder of the GPA. GPA agent demanded a security or support for the advance my father received from ...

PoA to execute sale deed

Hi, I and my wife are joint owners of our flat in Uttar Pradesh, which we are selling and have already signed a sale agreement with buyer. We are residing in Bangalore, and cannot travel to UP at this point to register the sale deed. We want to give PoA to my wife's brother who resides in UP to execute the sale deed on our behalf. The sale agreement is already executed by both of us, and mon...

Refund of advance money paid for a flat before signing the sale agreement

For buying a newly-built flat in a multistoried building, the developer (family partnership firm set up and built on their family land) took Rs 50,000/- cheque as advance before giving any document or draft agreement. He had said that the whole amount would be refunded immediately if I decide otherwise and won't sign sale agreement. Total consideration was decided at Rs 27,50,000/-. Subsequentl...