Legal questions on Property Law

Illegal construction close to my boundaries

My neighbour bought a house from a promoter but the one bathroom is close to my boundaries nearly 8 years ago it was build it is soo close that there is no place and we built our property boundary 20 years ago when we bought this property we asked the promoter not to built the bathroom without leaving a little place and close to our boundaries but he didn't listen to us that time my area was un...

Is alternate accommodation agreement mandatory for purchase of resell flat in redeveloped building?

Hi, I am from Mumbai. I purchased an apartment in September 2015. It was a re-sell property in a redeveloped building. I had taken a home loan from HDFC Ltd for it. In the chain of documents, there is no alternate accommodation agreement between the redeveloper (builder) and the previous original owner of the apartment from whom I purchased. HDFC Ltd had sanctioned and disbursed the loan withou...

Tenant send us notice through to extend there stay and permit possession of the property

Hi, me and my brother own a property in ludhiana and we stay in UK. My dad signed an agreement on our behalf with our tenant for 12 months. It was due to expireon 9th April 2020 and we asked him month advance to vacate the property to which he started making excuses said we'll leave in months time and then Convid happened. My dad gave them extra month as well. Then they literally refused to vac...

Lease agreement

Hi, i am residing in Bangalore bhattarahalli in a 2 bhk for a lease of 7lakh for 33months. Here the case is The landlord has given the entire building which has 8 houses to a agent A for monthly rent ,condition saying he can give the house for lease or rent Agent A has given the entire building to and agency called reality monk for monthly rent with a condition saying he can give the house ...

Partition Deed Vs Settlement Deed

My father had purchased immovable properties jointly along with his two brothers through the registered Sale Deed. My father will get an undivided 1/3rd share in the above-said property. But my father and his two brothers did not partition the above property till now... After the demise of my father, I and my three brothers have partitioned my father's undivided 1/3 rd share of the above proper...

Regard adding wife as co-applicant in bank account.

Dear Ajay sir, I would like to know about property buying when I am in break up of relationship. As I got married recently but unfortunately it was not fruitful as they have hided about her psychological disorders where I got cheated and due to this I informed their parents , initially they told about her mental illness and psychologic disorders but when it it came in to elders who set the m...

Can a tenant capture the house if he is staying without rent agreement

Our tenant WAS staying at our property, but now he is not staying there from last 3 or 4 years because he has made his own house in the same city. He is just keeping his luggage or some belongings in the house. We have allowed him as tenant before 10 years. As we thought they are nice guys so after 1 or 2 years we never force them to make the rent agreement. But now as we are saying to vacant o...

Refund in case of cancellation due to pandemic situation like COVID

During my first visit to builder office, I liked d property and paid Rs. 41000 to show interest in property and to get the best quotation. I signed the enquiry and booking application form without going deep in terms and conditions. Builder offered me 14th floor and ask for 5% payment within 1 month, after 2 months when I go to builder he said 14th floor is sold , now we have 10th floor availab...

Common area Maintenance Charges by a well know builder

Respected Lawyers, I am one of the residents who bought a flat in bangalore from a well know builder. There are lot of pending issues like Temporary wiring, final coat of painting in common areas, Car parking allotment letter is pending and also no association is yet formed. There are two phases in this apartment. phase 1 was a year old and they have started a CAM for that . now Phase 2 with...

Builder NOC for Loan Disbursement

I am selling my flat which is 10 years old. The Buyer is taking loan from Axis Bank. All verification and documentation has been completed. The Bank has asked to complete the sale deed and registration and post that they want me to get NOC from the Builder (as society has not been formed) and submit for disbursement of cheque. I told them that I will provide NOC from Builder and only then the s...

Road issues to agricultural land

Respected sir, My parents had 6 acre agricultural land in which 3 acre selldeed in 1971. With a written work for road (on which bulls car, sugarcane transport done) and water for remaining 3 acres , but opponant(land sell did with) never allow us to use of it. For that we appeal in primary court we get result. But they appealed again in upper court (satara). There they gave wrong proof or the...

Is parking space allowed to ONLY car registred in name of member?

Dear Sir, Me and my uncle live in neighouring society. He has been alloted a car as perqusite from his company which is used by both family and parked in my society from convince point of view. Recently my society passed a rule that only car registered in the name of member and their family residing in the building will only be allowed to park the car in society premises. Since the car R...

Pagdi system house that is vacant since 10-12 years

We have a pagdi system house that is lying vacant since 10-12 years. Our family from generation of grand father used to stay there, but later due to old age of my parents, we could not stay there (frequent roof leakage plus common toilet). since the time we moved out, the landlord has stopped taking rent from us. (there are 3-4 families like us who have left the place and landlord is not taking...

Maintainence charges without oc and noc of project. possession taken

We booked a flat in Gurgaon in 2009. Builder (Reliable Realtek) delayed the project and its still not fully completed. Basement work is pending in half of the project and few flats are still to be completed in few towers. Our flat got ready in 2019 and due to so much delay we wanted to save rent and we took the possession without receiving an OC on this project and started living in the soc...

Property Distribution

This matter is related to state of Rajasthan Our family structure : my Late great grand father and there 4 son's(ie my grand father's) and there son's(i.e my father and there siblings) Actually we are joint family. everything(i.e Properties) is in the name of my great grand father but some properties was registered in the name of there son's (i.e among my grand father's). But from past 10...

Drunk neighbour nuisance

Our neighbour gets drunk often and starts shouting using unparliamentary language for hours standing on open place in front of his residing house which is just 1to 2 meters away from our bedroom and living room. He also increases his TV volume to Unbearable levels. Several times we requested him to turn down the tv volume and not to shout and use loud abusive language Which is causing disturban...

Refund of amount paid towards Request for Reservation (RFR) Form

Hi, I booked flat in pre Launch,under construction, RERA registered project in MUMBAI. I had ONLY signed RFR form at time of making payment. On asking for receipt of my payment made online directly from my bank account, I was promised that I will be given an acknowledgement of the payment made alongwith a copy of RFR form as early as possible that is within 2 to 3 days. I used to call them fre...

Refund of booking amount

I have booked 2 flats in an under construction project which is RERA registered in Mumbai. I made payment of booking amount of both flats and to proceed further I was advised to fill the RFR(Right of First Refusal) form by the sales executive. I asked for receipt of my payment on the spot but It was denied and I was promised that I will be given acknowledge of the payment alongwith a copy of RF...

Will rera application help!

I have bought a flat in Oct'2015 under Haryana Affordable housing policy. The project has been registered under Interim RERA. The time for completion of the project was 48 months since Apr'15. 100% of the agreed amount has been paid without any delay as per the schedule of AHP 2013. The OC was obtained in Sep'18. The builder sent a book post for as offer of possession without any Demand for any...

Tenant not paying rent for 2 months now due to this COVID-19?

I have a shop rented out to a coaching class in Mumbai ( Mulund ) for around 5 years. This is second agreement for 3 yrs and out of which we have half stage. The tenant for last 2 months has not paid any rent and neither he has cleared the electricity bill. He initially just dropped a message that he wont be able to pay. I replied to him saying that i understand the situation and asked him to p...