Legal questions on Property Law

Penalty for delaying registry

Dear Sir/Madam I am a resident of Ace City Greater Noida West 201306. I took my possesion on 30th June 2019 and moved there. Builder promised me to do registry of my flat with few days but builder was not able to conduct registry process due to the hold from authority. As builder has to clear dues in authority due to this authority hold the registry process. Now in the month of March 2021 bu...

Purchase of mortgaged property from HDFC bank with owner consent

1. This is concerning a commercial building. 2. Plot was purchased by two brothers who are Director for a company (Narayanaa Electrical solutions pvt ltd). 3. In 2009 the company takes a loan of 12CR from centurion bank and directors give personal guarantee pledging their properties. 3. Loan becomes NPA and further, the Centurion bank merges with HDFC 4. In 2013, Owners request for OTS to p...

Movable properties to sell first

Sir, do bank under sarfaesi act 2002 section 13(4) can take possesion of immovable properties.. Without auctionong movable properties..cleared term loan.. Npa left around 16 lkhs.. Now we want to sell movable properties of factory ie plant and machinery.. Rawmaterials.. Which will be enough to clear npa left.. Now bank under 13(4) publish in newspaper about immovable property of my home ie. Mor...

Occupation Certificate of condominium and Apartment owners association

Sir/Madam, I have purchased an apartment in a resort in 2008, which is used as resort and developer had advertised that the apt owners will get 6% p.a. as rent back. virtual possession was given in 2011 and the key of apartment is with the developer as he is renting it out. No rent back paid until 2018. then in 2018 he asked us to sign L&L agreement with revenue sharing. they paid small amounts...

My uncle has claimed my father's property

So, my father brought a property in 2008 in Aurangabad, Maharashtra. It's a 1BHK in a prime location. He gave the property to his parents to live as they didn't want to stay with us. Our grand parents invited our uncle and his family to stay with them as they were facing financial crises. My father never took a penny from them as he wanted to be considerate towards his family. My grandmother ...

Legal Acceptance of a registered sale deed

There is a person call Mr. A who died in 1963 now he's got his son Mr.B who is the only son in the family. this person Mr.B has got 10 children and one of the children which we can call as Mr.C change a part of the property to his name in 1982 after the death of his grandfather however in the legal legal document his grandfather's name has been mentioned in the legal document but his father's n...

Flat was booked by me but later on I discovered that the Builder has sold the unit to somebody' elss

I had booked a 3 BHK flat in the year 2014 for which the Builder issued me the allotment letter and later on he also provided me the Builder buyer agreement in the agreement the possession of the said property was committed to be given in the year 2016 June with 6 months Grace period .In the year 2016 and 17 when I visited the site I found that the development work was very slow in this regard ...

Rights of daughter over the property

The whole scene goes like this, There was an ancestral property and there were three brothers X,Y ,Z. The property was divided in the year 1980 among the three and all of them received equal share . Now, the property has been registered in their respective names. Now here the main person is X. X has 4 children, 2 daughters and 2 sons. The sons have a very good understanding with their father so...

How to transfer Plot & Flat to Son's Name from Fathers Name?

Hi, When I was 18 I used to do online business and I had earned enough in USD. since my account was minor I had to transfer my revenue to my fathers bank account. From that money we bought a Flat and Plot. Both plot and flat are in my father's name. When i got 30 i got married, after 2yrs my mother is behaving differently and even father sometimes, there was a lot of misunderstanding still a...

Issue with our Deity Property

My Father and one uncle (say uncle1) are Shebait of deity property where we have been living for ever. My uncle1 left this house 25 years back and staying in his own house. Before he left the house, uncle1 kept other uncle (say uncle2 this uncle is not listed as Shebait and working as agent of uncle1) in one portion of the house via one mutual understanding. But based on the actual deed, this m...

Ancestral property of my mother

My mother had property that she inherited. After she passed away in 2010 in her will she stated that the said inherited property be given to her brother. Me and my 4 siblings who were the legal heirs signed a no- objection letter to transfer the property in my uncles name in 2011. However, my uncle has not yet transferred the property to his name. Now the issue is that back in 2011 when we sign...

Adding as confirming party or consenting withness

Dear All, I have recently entered into an sale agreement for an plot in Bangalore. Where in the owner(PARTY A) has asked an builder to develop his land of 4 acres into an layout. As part of this development the builder(PARTY C) has registered an agreement with owner to sell few plots which he has mentioned as development fee to the builder. As well the builder has investment amount for the s...

Builder not providing parking

I took possession of my unit in2015 wherein BBA mentioned one parking shall be allocated on first cum first serve basis. After some follow-ups I got a slot allocated . However since I did not occupy or rent out the flat immediately, some time later an RWA was formed who reallocated the parkings according to their whims..in effect my parking slot was allocated to someone else. Apparently, there ...

What to do if a brother is not sharing mother medical expenses

Dear Sir/Mam, My mother hospitalised and expired on 30-07-18. I am the younger son spent total medical expenses of Rs. 2,10,000 for my mother treatment (Rs. 1,50,000/- paid through my cashless insurance) + Rs. 60,000 other treatment and death day expenses but my Elder brother has not shared any amount with me and when I am asking to give half of the amount, what I spent for my mother, he is say...

Fake eviction to harass the tenants.

My family is been living in this area for more than 70yrs. The landlord didn't fulfill his responsibilities from the very beginning even after asking him to for eg repairs, security etc. We used to send him money orders which was most certainly refused by him. Later on he asked us to pay rent via cash ,we agreed to it as it was mutual understanding. Even after asking him multiple times to issue...

Token amount advance

A couple approached me after seeing the ad on a property website for a one bhk that I have in Bhimtal, Uttarakhand. They contacted me, I sent them the video of the house. Told them the rent and deposit structure. And the couple is also well versed with the place and location. In the first 3 calls on 23rd,24th and 25th June, they said they will move in within the first week of July. And will giv...

Open space car parking

When we purchased two flats in Roadpali, kalamboli 410218 area (2 BHK plus 2 BHK) on the same floor and whole building is having two flats on each floor (7 storey building) at that time of purchase we received the letter from the society as one parking is covered and another is at open space. and when we shifted here they have given the random place of parking & there is no marking on stilt s...

Property issue with siblings

Can you please guide / advise me options of solution in regard my property. Matters facts are below: 1-We are 4 siblings, two brothers and two sisters (younger sister recently expired in May 2021) 2-Almost 29 years back in 1992 my father expired, and being an elder son I have to take care of my all three siblings and mother also. I was the only one who was working and earning in the family ...

Builder is asking me to pay the CAM maintenances charges for the period when I do not own the flat.

Hi, I purchased a flat from first purchaser under assignment agreement in Dec-20 in Bangalore. The society is from a popular builder. The first purchaser has taken possession from Nov-19. As per assignment process the first owner has to clear all the pending charges including maintenance charges with CRM. We confirmed and the CRM told that their are no pending charges (they didn't gave us i...

Harassment for property

Mera naam chamanlal hai me ex serviceman hu army retired subedar meri umar 82 years hai mere 2 bete hai mera jo chota beta hai uski 1st wife jiska divorce ho gaya tha 2002 me uski ladki ki maine aaj tak shakal nhi dekhi abhi mera chota ladka 3 shadiya kar chuka hai aur jo 3rd wife hai usne aur chote bete ne milke mujhe aur meri wife ko bohot pareshann kiya mera pota aur uski bahu mere beto ka f...