Legal questions on Property Law

Held security Deposit with landlord for vacated rental accomodation

Dear Sirs and Esteemed lawyers, To brief you about the situations am facing: 1. I had vacated the rental accomodation and got it inspected from the rep of the landlord( broker) and handed over the keys to him after proper satisfaction. I had also shared a video while vacating to the landlord. 2. After vacating the premises I was told by the broker that the security deposit will be handed ov...

Neighborhood land compound wall construction doesn't leave any space in common for future rennovatio

Hi Sir One of a promoter is making a 3.5 acre area into plot's, neighbouring is my land, He is making compound without leaving anyspace. He use to sell the plots and move away, in future if any damage occurs to the compound wall due to nature disasters like rain or something (because the said land is slope too) I can't allow any unknown person who buys the plots to come into my land and recon...

No Partition Deed b/w 2 Brothers from Since 1983.

My Grandfather sold his property and purchased new property in the year 1975, and that new property shared equally to their 2 sons (each 10 acres). After that my Father and Uncle both got separated in 1983 Virtually, before that both the brothers sold their own property after their Father’s death (Uncle’s 10 Acres and My Father 10 Acres) and shared their amount equally in the year 1984 and h...

Caretaker unwilling to return my flat keys to me as a owner.

I have a vacant flat in Rajkot (Gujarat), which is legally in my name as sole owner. Now, I permanently reside in Assam and rarely visit Rajkot. The keys of my flat, as a caretaker, has always been with my brother in Rajkot. I do not have keys of my flat in Rajkot. My brother has his own flat in Rajkot in which he resides. Now, my brother does not want to return my flat keys and has threate...

NOC to be issued directly to the Bank

One of our member wants to sell his flat The buyer intends to take loan from the Bank . Member has sent us the Banks format for NOC . This letter is addressed directly to the bank and not to the member . We have already given No Dues letter to the Member . Are we obliged to give such letter directly to the bank even the contents in the letter cannot be fulfilled by the Society . Example the let...

How much is the lawyer fee for a simple Probate case

Hello! I have a case in Patiala House District Court in New Delhi which the lawyer initially agreed to charge Rs 75,000 as the fee. Basically there is a locker that is under my parents name. My Mum has since deceased and I am trying to get it operated so I can get the contents out and bring it to my father who is unable to travel overseas and operate. We live abroad. The locker requirement...

Family Property Dispute

Family - Father F, Wife W, Elder son ES, Younger Son YS 1. F died intestate 2017,has self own flat Mumbai. Flat was purchased on 2001. 2. F helped ES financially in 2007 to purchase another flat in next society on ES name. 3.Fathers Society went redevelopment in2018 by taking noc, indemnity bond no 34,35 & letter of consent for redevelopment frm all three heirs.And making YS member. 4.now...

Absence of proper deed of acquired land.

My grand mother was unmarried and she bought a land measuring 7 Katha in the year 1960. My father was adopted by her later. She consider my father as her foster child. Now my grand mother has one brother and he have 2 sons. One son is divorced having a child and other son is unmarried. Now my grand mother made a gift deed and gave 1 Katha from the 7 Katha land to my father, and made a will of 1...

Issue of share certificate to unauthourised flat owners

There are two illegal flat owner who is demanding to issue a share certificate. One is registered Agreement for sale duly registered and another Agreement of sale Unregistered just paid stamp duty in Amnesty Scheme. They are in physical possession of the flat since last 30 years. And paying regular maintenance and other charges. But society did not issued the share certificate and both of them ...

Can a sibling who grew along claim property rights?

Hello! My friend, who is a single daughter to their parents (biologically), had an elder brother whom her mom had brought up. So, this boy came under my friend's parent's care even prior to her birth & the boy grew with my friend for several years as an elder brother (not sure exact number of years, but almost 15-20 years as I understand) & then he left after his adulthood to his biological ...

Dispute of Properties

Respect sir, My name is sunil and I stay in Thane Maharashtra. We are all 7 brother & sister all are married but after my father & mother death start dispute in family against for my properties. I am the youngest son of My father & he is nominated to me for his flat after death flat will be transfer on my name.. Now, all my brother & sister is demanded to me that equally divided on these pr...

Partition of jointly owned land

We are having 2700 sq ft of land (18*150) and residential building standing on half part of the land, jointly owned by my father and his two brothers with road facing is 18 ft from east side, other 3 sides are bounded by residential building of other parties (neighbours). Although, location of the property is semi urban, but now it can be used as commercial purpose. Now my father wants the part...

Take over of father's business by brother

My father had 5 children. 4 daughters and 1 son. He had some ancestral properties and one shop. I am one of the daughters. My brother took incharge of all the properties and shop and did not give us any money/property till now. Whenever we asked he said he will give what is the urgency like that. Its been more than 20 years. Now he is saying he will not give a penny. While dying, my father had ...

2 share certificate leading to issue in transfer of flat

In 2004 my father and mother had jointly bought a flat in a co operative housing society. While registering the purchase agreement, the share certificate issued by the promoter to the seller of the property was attached. This certificate was issued in 1992 (No 50 bearing distincy shares from 246 to 250) and was only signed by the chief promoter. However the seller handed over the share certific...

SRA flat registration and transfer after 10 years of possession

Hello Experts , Can someone please guide me - My family lived in slums in Mumbai since 1982 . In 2006 , Developer and Builder came in with proposal of SRA for the same slum area . In 2008 it was agreed to hand over the land for redevelopment to Developer/Builder . In 2010 , the SRA building was completed and flats were handed over to owners . My mother is owner of this flat who passe...

Succession of property in case of hindu woman dies without will

A and B are wife and husband. Both are working. They purchased a plot in 1976 and constructed a house thereon with income of both of them. A's first wife died. He has two female children with first wife. After death of first wife, he married B. B had looked after two children. By the time, the children were about teen age, A died. B carried out the marriages of two children. At that they partit...

Dividing the property

Dear All, We have a farm of 15 acres. 1/3 of the farm is owned by us and 2/3 is owned by our uncle. we wish to divide this farm now legally as our uncle wants to sell it off. Following are the clarifications/inputs which I am looking for : 1) The 7/12 has additional 2 names who are our relatives (they were never part of the property purchase but there name was added by our data for securit...

Capital gains tax

I bought an apartment in Pune in November 2023 (Agreement to Sale was registered in November 2023). The building is under construction and the expected date of delivery (OC, CC) is between Oct-Dec 2024 (when the builder expects to provide occupancy certificate and completion certificate). I bought this apartment through a loan. I would like to clear the loan, I have another apartment in Bengal...

Conveyance

Dispute in fixing FSI right in conveyance. Original plot size as per property card 945.3 sq.mtr plus road set back of 205.14 sq.mtr TOTAL 1150.14 (FSI 1:1 in 1985) out of this leased area of 225 sq.mtr. (1986). From 945.3 for MAP reservation 177.6 is surrender to Govt. left over 767.7 plus available road set back of 205.14 total 972.84 Two structure constructed Building No.1 is registered socie...

Fake signature of land owners in the Site plan of a building

My father and father's friend bought a land side by side to build their own houses. In 2010 my father's friend passed away. Three promoters reached us my father and father's friend's family and convinced them to give the land for building flat and two owners will get one floor each in the building. The agreement happened in 2012 via notary. The construction work started but after few years the ...