Legal questions on Property Law

Landlord asking for rent beyond the notice period

Dear Sir I had been staying in a rented apartment in South Kolkata since Sep 2016. The rental agreement had been renewed every 11 months, the last one being in Aug 2019. Following are the clauses in the agreement Clause # 4 : There will be NO lock in period of six months, if the LESSEE decides to vacate before six months then LESSEE shall NOT pay six months rent before vacating. Clause...

Refund of the paid amount with interest for delay in flat possession

Hi, My parents had booked a flat in January 2015. They even paid the builder respective amount as per demand letters which he sent. As per the signed agreement he was supposed to deliver the possession of the flat in the next 2.5 years post completing the plinth. As per the demand letters the plinth was already constructed prior to my parents booking the flat. Post the introduction of ...

Builder asking for indemnity before delivery of FLAT

I am buying a flat in society from a Big Delhi builder in Faridabad and they have given me a letter of possession. They are now asking for some documents(photos, ID proofs, etc) for conveyance Deed and their documentation. They are now asking for some indemnity bonds saying they are part of the documentation for getting NOC for fit-outs (for getting the property ready for delivery). The ...

Can a Nominee Execute a Gift Deed in favour of a Nominee

Dear All, The Property under reference was brought by my father way back in 1970 and later he nominated by my mother as a sole nominee to the said property. He passed away on 13th April '1992 and the Society transferred the Flat to my mother as she was the sole nominee of the property. We are 5 siblings (3 Brothers and 2 Sisters) and my Elder Brother of the siblings has passed away in 201...

Transfer fees gujarat co-op housing society

Dear Sir, I have recently purchased a flat in Surat city of Gujarat state in resale. The building in which the flat is located is fairly new and no society is formed legally as of yet, only a group of flat holders formed an unofficial society which is not registered under gujarat co-op housing society act(as per the best of my knowledge) Because the so called head of society is denying to show ...

Regarding refund of booking amount

I had given 51000/- and 150000/- through cheque to book a plot, and signed a application form in which it is written that "i further agree to pay the installments if failing which the allotment is cancelled and the earnest money will be fortified". their is no legal agreement/allotment is executed between me and builder. the property cost is 1681000/- plot size is 1000 sq ft. guideline is o...

Transfer of property

My grandfather purchased land in manglore. Grandmother also passed away few years back. They have 4childrens. My dad was their son who passed away in the year 2008 and my mom died in the year 2015. Recently i came to know that my uncles(dad's brothers) have mutated only their names in the 7/12 extract, without informing us i.e. me and my sister who are the legal heirs of my dad. My question i...

Share under mother property

I am married it’s 3 years now, I am 34 years, i have two elder brothers, one got married another single, two sister got married. My father not there, my mother stay with my brothers in her own house, present she own one property which is 1 crore worth, she want sell that property and give share to brothers 35 lack each and me and my sister 15 lacs, elder sister don’t have share.. I asked for 20...

Builder asking for delayed payment charges

Hello Team We booked a 1 BHK Flat in Thane in 24th March 2019. For bank loan banker was appointed by him. Bankers refuse to make Loan because of cibil default. 2nd banker also appoint by builder and he also refuse to make loan and then he introduce me a new banker LIC Housing Finance on 5th June 2019. after that on 19th July bank issued me sanction letter. i visited to builder office on 18th J...

Equal share of agricultural land to the daughter

Hello, My maternal grandfather lived in Sangli distirct in the state of Maharashtra and had an agricultural land there. He had 4 children in which elder daughter and younger 2 are sons. He did not do any partition or distribution of property to his children. He died in 1999 and grandmother died in 2012. His daughter died in Aug 2015 who got married in around 1950/1960. All his (grandfather's) ...

Land lord not returning Security deposit

Sir, We 2 ladies hired a commerical space in Bangalore from 1st November 16, The agreement is for 3 years and supposed to end on 31st Oct 2019. Security deposit paid was Rs. 3.2 Lacs. On 15th July 2019 informed owner by Email saying that we will be vacating the premises on 15th OT 19. He agreed in writing. On 15th October 19 we informed owner that we asked for extension upto 30th Octobe...

Neighbor is pressurising me for giving road from my land to access his property and home

I own a land (L1) and this land is having direct access to main road. My land is around 150 meter long. On my lands left side I have 2 neighbors (land L2 and L3). Land L2 which also have access to road and it's mahar vatan land which is having multiple owners and it's length is 50meter. Land L3 is owned by another owner who is from my long relation and his land length is 100 meters. As I stated...

Place for material

Hi sir, My name is Rajeshwari, i live at secunderabad, my issue is with my neighbours who are 3 houses away from my home my house is not attached to east facing road and not west facing road it is in center we have a way from west facing road only 5-6 feets road , we are living at that palce last 28 years at that time leaders of that society has alloted place for my dad 3 wheeler parking plac...

Construction is not completed and i am paying PEMI last 2 years

I bought a property in 0ct 2014 with triparty agreement . as per agreement builder should be hand over the apartment in September 2017 . but he stopped pay pemi to bank and offered a bogus possession letter to me. in APR 2018 WHEN I VISIT to site . i was surprised that work was not finished . onlu structure of apartment was there. I took some photographs with news paper and i tried to contact b...

Car parking related

Dear Sir, I own a flat in an individual apartment in Bhubaneswar ,Odisha that I bought in 2005. I stay in my flat with my father and sister. The apartment has 11 occupants with varying plinth area of the flats. There are 10 parking spaces assigned to 10 owners (6 basement parking and 4 covered parking in the rear side of flat) that came with a cost with no parking for my flat. Actually when ...

Needs clarification ?

Sir, I had made an agreement to purchase a flat from a builder in 14.02.2018 Payments were also made as per the agreement in all respect except the registration fee since the builder is not in a position to register(sale deed registration) the property to any of the purchaser because of their own legal issue ? But completed the project within completion period (01.02.2019), got the OC on 3.10...

Partition Suit

The case is about a 20 acre Grant Land to Hindu Upper Caste Man in 1946 in Bangalore. 1)The Person 'A' was the title holder since 1946. A Darkhast Copy confirms his ownership. No other documents exist for that period. 2) From 1966 to 2004 the RTC is in the name of Person 'B' who is the son of Person 'A'. No other names in the RTC for entire 20 acre and no mutation. 3) in 1990 Person B is ...

Lost of agreement

Hello, I need some suggestion as I am in the process of selling my current house. My property was purchased by first buyer in the year 2002. He sold his house to second buyer in year 2008. And in year 2013 I became the third buyer. Now the second buyer had lost the first buyers agreement which came into my attention at very late stage. Now I am planning to sell the house but I don't have ...

Regarding mutation of land and IPC 390

My mother named Sutapa Bose earlier had a society land whose area was 1600sq.ft.She sold it on 2012 to some X party at cost of 9 lakh.X party got that land registered but the mutation of that land was not done till 2019.So My mother consulted our family advocate and showed the xerox copy of the registry and khasra/khautauni to our family advocate.Our family advocate checked every documents fro...

Termination of lease deed

Hi, I have a commercial space for which there was an interest from an Indian company to establish their operations. We have a MOU signed and initial token advance followed by 1 month advance when the MOU was signed followed by agreement on stamp paper. 4 months advance was paid by the tenant as part of agreement which was signed by us (landlord) and the tenant. As part of the agreement, we w...