Legal questions on Property Law

Property Encroachment

We have our property in our grannys name for 20 years now. She is no more now. We have our boundray wall on all the four sides, but we dont have land or property marking stone. Our negihbours now all of a sudden stating that we had build our boundary wall in their property which we know we have not. Since we have lost our dad they have started to harass us indirectly as they used to get scared ...

Partition Deed/self-acquired Property

I have a question on the partition deed prepared to dispose self acquired assets. My father passed away without a will in 2005. There is a house and a plot(self -acquired) on his name which now is considered for partition between legal heirs. My mother along with both my sister's and myself (son) left as legal heirs. When preparing partition deed : 1. How does the liabilities which my father i...

Builder is not providing OC and Khata A

Hi, I am the second owner of a flat in Bangalore and i came to know from fellow residents that the builder is not providing the following documents: 1. Occupancy certificate 2. Khata A for individual flats This is a 100+ apartment society situated on a land having Khata A. Builder got the approved plan for 2 towers from BBMP but the final building contains some deviation from the original p...

Demand Interest against agreement clause

Hello, I purchased a flat in March-2011 and immediately paid my contribution of 20% of total cost. I planned to take the loan for remaining 80% and informed builder about the same (I have the proof of this communication in emails). They sold me the flat on 15th floor, even though they did not have the Commencement Certificate (CC) for 15th floor. They started the construction as they rece...

parking issue

I own a flat in a building consisting 4 flats n stilt parking in goa. One flat owner has influenced the builder and got his parking marked in sale deed and I have not done the same. Upon talking to builder he realised that he done a mistake by allotting him a wrong parking, which is below my flat. The parking has been rovided as free n no charge has been given by any flat owner, builder now ...

Widow propery rights

I am Tharun V Bhatt from Bengaluru, I have a sister by name Devika who lives in Coorg and she recently lost her husband in an accident. She is now left with two minor kids with no source of income. Devika's husband has a property which is jointly registered along with his mother. Now, Devika's mother in law is trying to get the Record of Rights transferred to her name only, without including...

Can I sell a property?

Hi, This is in regards to a property that is registered in my late father's name in Delhi which my father bought. The legal heirs are my widowed mother, myself and my married sister as my father died without making a will. After my father's passed away, someone known to us, we believe, created a forged WILL and GPOA and tried to sell the property. Once we came to know about it. I sought ...

Purchase of Plot

Dear Sir, I would like to purchase a open plot whose owner is died on [deleted]. The deceased plot owner is survived by his mother, wife, two married daughters and one married son and the deceased plot owner’s father is expired. On [deleted], the said plot was registered by way of Gift Settlement Deed in favour of said deceased plot owner’s two married daughters by his wife and one married son ...

Unregistered agreement with Company

Hi , We have signed an agreement with company ( unregistered) on 1st Sep 2014, but due to some issue with company response and behavior of local manager to avoid all future dispute we have decided not to continue this agreement hence we sent the refusal mail to company. Now Company send a letter stating asking the possession for the premises and we do not want to continue the same . Pl...

Declaration of cancellation deed as Null and Void

Dear Sir, A tenant challenged my title and ownership based on a cancellation deed of my settlement deed by settlor. In fact I came to know of this cancellation only through the tenant. I got a copy of the cancellation deed. I filed a suit to declare the cancellation as null and void by designating this tenant as the only defendant. As advised by my lawyer, we gave paper publications to have an...

civil case landlord vs tenant

Hi, i filed a civil case against my tenant i.e. for shop in march 2009 and tis hazari court passed the judgment in my favour in sep 2013..i filed a case in bonafide need. Then after completing six months the tenant had to vacate the shop but on last day of six months i.e. on 27th march 2014 he went to high court with the and in july 2014, high court dismiss the case with granted him the time ti...

Agri land case

Hi, below im geving case u details, plz give me advice. My great grandfather has 2 sons A and B...... A and B (b is my grandfather). After the demise of my greatgrandfather i.e in the year 1975, he was servived by A and B mentioned above who was allotted with a piece of land. A was allotted with land survey number 100 and B was allotted with land survey number 101. But both were cross poss...

extension of lease agreement

dear sir, we have a lease agreement with a housing society for a period of 99yrs.I would like to know 1.After 99yrs I will have to restore possession to society.In order to retain possession if I make an agreement with the Chairman of society now regarding the renewal terms after expiry of lease agreement will it hold good.for eg: a Agreement on Rs 100 stamp paper stating lease can be renewed...

no originals of JDA and General Power of attorney with builder

Sir, I have booked a flat with a reputed builder by paying 20% upfront cost and went ahead for SBI home loan. home loan got rejected stating that the JDA and POA originals are not with the builder as its with the income tax department (builders docs has been taken away during a income tax raid). A case is going on with builder and IT department. HDFC is saying they can give the loan. we are ...

Inheritance of Property

Hi sir, In a family of 6.. Father Mother 2 Sons 2 Daughters.. Father didn't written any will and he died in last year. With the name of mother one property is written.@2nd son went to the register office with mother and make her to sign with his name. Now remaining kids wont do anything for this??.As @1st Son have no rights now??? [now @ 2nd son in another place and @1st son and mother are i...

Property Case

Dear Sir, I am a grandson & my grandfather case in going on in Honable High Court Bombay. My Grandfather had 5 sons, from which 4 were on behalf of the Developer's side. The case is regarding property. Two years back, the developer had filed a Writ Petition on my grandfather in the Honable High Court Bombay for demolishing the house. The matter is that, the builder has taken the property for...

Sell a land registered under Cooperative Housing Society

I have a piece of land which is a part of a Housing Coopertive Society ( formed in the 80's) and wish to sell. The Cooperative Society seems to have bylaws which states that I will have to surrender the land back to them and they will reimburse me based on current government rates and then its their discretion to sell it to their "waiting list" members. I have a buyer who is willing to pay th...

Ancestral property sold without consent of other parteners

Respected sir, due to sudden demise of my grandfather, our ancestral property is distributed in two names i.e. my father and uncle though they have two sisters their name does not appear on the SaatBara. In 2000, my uncle sold 11 Guntha of agriculture land to x person of our village. The sold land is in our possession since the verbal divide of our family and the buyer is having possession of a...

gift deed property

I wish to know the following: One person want to transfer ownership of a property (land with building) to her children and/or grandchild. It is a self purchased property. Property is in Karnataka state and the owner is also from karnataka. Children and grandchild is also from karnataka. With regard to this 1) Is gift deed the only way to do it ? Is there any other way to do it ? ...

Payment of Penalty by Promoter for delay in handing over flat

I booked flat with M/s 3C Company at NOIDA in year 2009. The PDC was March 2013 and still flat has not been handed over. Although there is a clause for payment of penalty on account of delay in possession, the promoter is quoting a clause from Builder Buyer Agreement which implies that any customer who has opted for construction linked payment plan and he has delayed even a single payment then ...