Legal questions on Property Law

House sold or not? I dont know!!

My mom owns a house in her name. What i heard, she sold the house 3 years ago for 60lakhs and moved away. I have no signature on any papers and I am now still living in than house with my wife for more than 3 years. No ones approached me yet but my mom requested many times over phone to vacant the house and she will give me money later. But according to my knowledge, she wasted all her money fo...

Gift Deed and Property Transfer of Deceased

I have recently discovered that my Mother passed away. We had a rocky relationship due to her Alcoholism. in 2017 my father passed away intestate, My father was a musician as am I. He had guitars that are very dear to my heart and are worth an substantial amount of money. I would never sell them. anyway, my mother claimed all of this property as community property. She used an Affidavit of ...

Division of room/ mental disturbance

My father in law passed away without any will. He took VRS in 2002 and from 2007 my Husband has been taking care of his parents.My sister in law has been staying with us since her marriage and has never contributed in any expenses or maintenance of the house. Now based of % share she wants 2 rooms, 1 toilet and I kitchen. My Husband, mother in law and my 2 son are left with 2 rooms with 1 toile...

Broker sold the land to another party without clearing dues with original owner

My father did a 'ekrarnama' with his close friend (also a land broker) on a 500 rupees stamp paper. Since they were very close friends my father did not read the 'ekrarnama' and blindly trusted and signed it. In the ekrarnama it is clearly mentioned that his friend has given my father some X amount of money as advance (which he did not pay to my father and said will give later) and rest of th...

Does CC & OC certificates are not applicable on Low floor society flats in Ghaziabad?

Dear Sir, I've purchased a flat in Ghaziabad in low floor society (UGF + 3 Floors). I've been made to understand by the builder that on low floor projects, Occupancy Certificate and Completion certificate are not applicable at all. So the builder had offered a Pre - Possession letter to me asking me to make the remainder payment within 45 days. It is after the payment he will complete the rema...

Missing 2nd owner original sale deed in chain of registered sale deeds

I am buying a builder floor in Gurgaon. Seller has constructed 4 floors (Flats) on the land and selling them independently. Seller has got approval from HUDA for same. It has turned out that seller has got his property transferred and registered on her name from her husband and husband's friend. Prior to seller, her husband and husband's friend were registered owner of the property (Plot). It s...

Farmer certificate from Rajasthan is legal or illegal to buy Agriculture land in Maharashtra

I have got fully legal agriculture land document from Govt of Rajasthan & my name is appearing on jamabandi/khatoni online also on government website http://apnakhata.raj.nic.in/. based on this document , I bought a Agriculture land & registration is also done for the land and now when submitted to Talathi office for Fer-far to change the name on 7/12 , they are neither saying its illegal but a...

Purchase of property ( resale flat)

Why in Mumbai only Agreement for sale is entered into while buying a property ( ready to occupy flat) and that itself contains all terms and conditions of sale as well as condition for title transfer once the full payment is made by buyer to seller! Since partial loan is taken from the Bank to finance the balance purchase consideration! Bank does not fund unless stamped and registered Agreement...

Rights of Co-Owners in a property Jointly Owned by 2 Brothers

Dear Sir / Madam, Two brothers jointly own a property in Bangalore and a house was constructed on the property (entire property is owned in both the names - Gift deed from parents), where Ground floor is complete parking, a house on 1st floor (Younger brother) and another house on 2nd floor (Elder brother). My brother is not staying in the house since 2017 and has given 1st floor for rent wi...

Authenticity of Patta Land

My grandfather had a land of 110 sq yards however didn't have any documents related to it. After my grandfather's death, my grandmother had partitioned this land into 5 sons with each son getting 22sq yards each. Everything was done on stamp papers without witness. My father purchased has purchased one of his brother's land with agreement made on a stamp paper. Although there were no outside wi...

Bhumi biwad

please 🙏 pura padhe Sir meri maa apne maike me hi rati hai uska karan unke bhai hai ek bada bhai aour ek chhota bhai e bat lag bhag 20,25sal purani jab meri maa ki sadi hui to mere pita ji kamate the to meri maa apane bhaiyo ko thora bahut help kardeti thi fir mere maa ke bade bhai ki sadi ho gai to o apne sasural me rahane laga fir mere maa ke chhota bhai aour mata pita akele ho gaye chhota bh...

How to cancel the modt without original modt certificate

Cancellation of Registered Mortgage Deed w/o Original Mortgage Document I am the current owner of the property registered in the year 2011 as sale deed. I got to know through the encumbrance certificate taken recently of past 25 year that the erstwhile owner from whom I had bought the property had taken a loan in 1991 & 1997 respectively but had not cancelled the mortgage deed in the regist...

Maintenance Charges prior to Registration

Hello, I have booked Ready to move flat in Bangalore in Dec 2020 & planning to go for sale agreement now and registration afterwards by Jan end. Construction was completed by Q1 of 2020 & builder started allocating flats by June 2020 Now, as I got my cost breakup for sale agreement, i can see 51000 being charged under title of maintenance for year. Earlier, i was informed by sales p...

Sell the property after getting the notice from the district court

I wanted to sell an empty land and had an agreement on a plain white paper with a buyer in Feb, 2020. The property is in Karimnagar district while I reside in Hyderabad. The buyer gave me 1L as advance. He then failed to give the remaining money as prescribed in the agreement. When I called up the mediator he mentioned that buyer will not be going ahead to buy the property. In Aug, 2020 I foun...

Can Partners sale the immovable property of Registered Partner firm without consent of other partner

Dear Sir We have Registered Partnership firm consisting 5 partners each having 20 % share. Previously in 2011, all 5 partners sold 8 Acre out of 12 Acre land which is in the name of firm. I, as Fitfh partner also signed that agreement of sale. That time four partners didn't gave me any amount or consideration in my account as 5th partner for this property sale. All other four partners at tha...

Neighbours Intimidation

Dear Sir/Madam, My family moved into a flat 2 months ago as tenants in rented accommodation. During occupancy we were asked to take up a small task of building maintenance i.e. switch-on water motor everyday for 1 month for once in every 6 months. The residents of the building also take turns in doing the same. This was the only task as part of building maintenance that was agreed between m...

Land registration queries

There was a piece of land from East to West in length and belong to a person who has four children A pandit, B pandit, C pandit and D pandit after his death they distribute the land among themselves in sequence from East to West. After some time Mr. A pandit died and his wife sold her half of the share to Me from East and half to Mr. B pandit from West, after some years B pandit also died and h...

Process to evict a tenant

In view of Bombay High Court order; The Full Bench comprising of Chief Justice Dipankar Dutta and Justices AA Sayed, SS Shinde and KK Tated passed the order Court clarified that any eviction/ dispossesion/ demolition can be carried out after January 31, 2021 only with order passed by any competent court. Date 9.12.20 Source: https://www.barandbench.com/amp/story/news%2Flitigation%2Fb...

Need help on the maharashtra restoration of lands to scheduled tribes act,

I am a farmer & having land of 3.5 acre from 25kms from Amravati. My farm was purchased by my father in 1986. Few days back we receive legal notice from one fellow claiming for my farm, with whom we never deal. He is claiming himself as ADIVASI & land was sold by his father in 1979 to another person. After application we receive land record which show his father possession period from [del...

Partition and possession of ancestral property

My parents in law were expired without making any will. My husband have two brothers and he (my husband) is the younger one. The eldest brother also expired. There is ancestral property which is in my father in law name on records. but now the wife of eldest brother (who is widow) threaten us that she will kill us but not give our share in ancestral property. please guide any solution as per la...