Legal questions on Property Law

Conflict in division/partition of property

I am writing my query on behalf of my Dad. We were Five brothers, Starting from A,B,C,D & E. A is the elsest brother and E is the youngest. Long back A, B and C were married. C had two child daughters , when he died in 2004. D was unmarried at the time, so he married his widow sister-in-law and took responsibility of both the daughters. He replaced their father's name from late Mr. C to M...

Property dispute

Dear legal experts, Please help me with this property issue by giving your valuable legal opinions. I stay in Bangalore. My father had purchased 3000sq.ft house about 40 year’s age. Since the house was narrow, house was made 2 partitions of 1500 sq ft each. In one portion my father lived and my father let his younger brother and his family to live in other portion. My father expired 3 yea...

Risks of buying a builder flat from first onwer without registry

Dear Sir, I am willing to buy a builder flat from the first owner in Gurgaon. The possession of the flat is still pending as it is under construction and registration in Haryana Govt records is also due. I do foresee number of risks in this case and need your suggestion if these risks are right and what is the right and risk free mechanism, if any, to move forward. 1) Firstly, since it is...

Payment of Delayed Possession Penalty in resale of flat

Hello, I have purchased a flat in 2014 from a seller who was the first allottee (he had purchased it in year 2012) At the time of Purchase the flat was under construction. The allottment was transferred to me by the builder and NO transfer fee was charged. My name was endorsed on the original BBA. The flat is still under construction and by the time the construction is estimated to be co...

Delay of construction of SEZ property by NCTPL

I had booked an apartment constructed by NCTPL (100% subsidary of MARG Ltd.) at an SEZ in Cheyyur, Chennai . The builder advertised the apartment as a product that can be purchased and owned for a price. But after collecting an advance booking amount of Rs. 50,000 -/- and Rs. 2,00,000 -/- based on stage of construction, he gave a lease agreement saying that the property cannot be owned but only...

Non Acquisition of Flat

I want legal advice on non acquisition of Flat. There was a upcoming project in jabalpur where I booked the flat in 2011. As per agreement I made all my payments by post dated cheques which was completed by sept2012. As per the agreement the builder said to do registry within 17 to 24 months from date of completion of payment. But when I recently reached to him he himself stroked down the 17-2...

registered family settlement and unregistered will

In family members are A- father, B-mother, C-elder sister and D E F three brothers 1.an registered family settlement in the office of the registrar of stamp was done in 2000 and all family members A TO F had signed the document and major properties SAY 85% was distributed in A D E & F and the balance 15 % property after registered family settlement belonged to A and was of the sole ownership ...

encroachment of land

dear sir, my name is Manojna, I'm a resident of Bangalore but my grandparents live in shimoga. My grandparents bought a plot of agricultural land back in 2001. They have been cultivating crops in the land since then. Recently in 2012 a person suddenly claimed that the land was his and has put up a case in the court. Even though all the property papers did belong to my grandparents ,as the geog...

rented property

Dear Sir we have a old (before 1970) rented property in Delhi (taken on rent by my grandfather who is passed away two year back) it has been overheard that actual owner had sold that property around 1990 to third party who never approached us for rent or any thing else. though few builders tried to threaten my grandfather to evacuate the premises. There after my grand father file a case a...

Execution of Sale Deed

Dear Sir, Earlier the plot no: 149-D and 149-C belongs to wife and husband Factory land and building and got registered with APIIC plot no: 149-D Wife and 149-C Husband. In the year 2002 the wife sold Plot no 149-D to my father and got registered and while registration she told a bit of 80 Sq meters western side laid to Plot no: 149-C and constructed wall between 149-C and 149-D for movement...

Distress in seling land

My mother has a plot which was picked up 22 yrs back and tax has been paid from then onwards after the site was registered in her name. It was purchased from a gentleman who has mentioned in the agreement/stamp paper document that he inherited the land from his father and that the land belongs to him. He has signed as the owner of the land in all documents. We now plan to dispose the plot being...

Claim on property

My father was the owner of a 1700 sq ft house in Salt lake, Kolkata. I have one elder brother, two elder sisters and one younger sister. The house was constructed in 1997 and since then I have been living in it. Also, during the construction I was given power of attorney by my father for all matters regarding the construction. My father died in 2003 without a will. My mother died in 2008. Now, ...

poa unregistered

hi, these days im facing some problem i hope you can give me some suggestion. actully my problem is simple and twisted, my father purchased a land on my uncle name long time back and now my father had sold out that property to some1 eles through (POA) but after a year passed my uncle made a complain agaist my father that he have forged the documents and sold it to some1 else and my bad the P...

Legal opinion

Hello sir, My name is Krishna.I was married a widow(having one male 3 years old) in Feb 3rd 2014.My wife's son was staying in village with his maternal grandparents. There is no proof about my(Krishna and sita) marriage.My marriage was done in small temple with my relatives and my wife's relatives.My wife's first husband died with an accident near to his house.There was two stored building wit...

Auctioned apartment purchased from DRT belongs to Corportn bank

Dear Sir/Madam, I have purchased an E-Auctioned Flat in Fourth floor by Debt Recovery Tribunal, Bangalore on 30 Dec. 2014. This property belonging to M/s Corporation Bank, Asset Recovery Management Branch, Bangalore. Before participating in E- auction, I have visited three times to Corporation Bank, ARM Branch, Bangalore for getting property details. The Manager, Corporation Bank, A...

Refund the advance amount

Dear Sir/Madam,In 17 May 2014, I booked 2 BHK Row house gave Rs.50000 advance, today is 21 Jan 2015 but there is no progress in construction, when I asked to builder regarding construction progress, next month construction will start. This has happen last three months every time he gave me same answer but till date no construction start. When I asked builder to return advance amount. He told th...

Widow eligibility in deceased husband's house property

Dear Sir/Madam, I am Nirmala from Bangalore. 6 year old widow and a mother of 13 year old boy. There is a house in Indiranagar Prime area which belongs to my deceased father-in-law who has 6 children from first wife and 3 children from second wife. My husband was the last one of three to my father-in-law. My mother-in-law is with my brother-in-laws. First wife's children are 3boys and 3 girl...

Stop payment of cheque

Sir/madam,       I am Manmohan jha from bangalore.  I booked a flat with a builder costing 7.5 lacs and booking amount of 3lacs with option  1 lac imdtly and rest 2L within 25 days.  2 days after i paid 1Lac their representative came to my home to gv documents They gave me approval form, photo copies of deeds, MOU(not signed by MD or any one from builder and also on Rs 2 stamp paper saying tha...

Unregistered Apartment association trying to take over assets

HI Sir, I am an owner of a flat in Bangalore. Builder has not obtained fire NOC , OC and have not provided KHATA to flat owners. Builder has registered the DOD of apartment under Karnataka Apartment Ownership ACT 1972 but builder has not registered Apartment Owners Association under Karnataka Apartment Ownership ACT 1972.Now there is one committee in our apartment complex who is trying to ta...

fraud builder

I had purchased plot at rudrapur from a builder of registration address delhi, and site address under jurisdiction of nainital. Now when I found out that he is a cheater I stopped allotment money and asked for refund. Builder held application money on ground of not paying full amount of flat while I never confirmed in the application form that I would pay entire value. Then through consumer cou...