Legal questions on Property Law

Partition Dispute

Sir, With due respect, I am writing this letter to you to grab your attention to my problem. I am Sunil Kumar. My address is Village-Pilkhi Gajpati, PO- Pilkhi, PS-Sakra, Dist –Muzaffarpur, Bihar-843121. I am unemployed preparing for government examination, I belong to the middle-class family my father is a retired clerk and we are living in the village. My old age parents are staying at home...

After completion of Agreement of sale.

Hi, I am selling my land which is 267 gq yards. clear title. A plot of Ex Indian navy Family. we had a sale of agreement for 90 days. According to the sale of agreement the vendee should pay to me the complete amount after 90 days and do the registration. Earlier we were not ready for 90 days however the vendee convinced me that don't worry I will do the registration on the 80th day and I am pu...

Release deed for mortgaged property

Hi, We are planning to buy a house in Gurgaon, Haryana. The owners are husband and wife, they both live in USA. The husband maintains an NRI status whereas the wife maintains an Indian resident status. The property price is 2 cr and it has a pending loan of 1.2 cr. The loan was taken under NRI loan housing scheme in the name of husband, probably has wife's name as well in the loan. We off...

Inheritance

My father and his friend collectively bought a peice of land in 1976 from KDA in the name of my mother and his friend and subsequently got the plot registered in name of above two( mother and fathers friend).After retirement from the job , fathers friend left Kanpur in 1979 to got himself settled in his home town giving the right of the entire property to my mother in the form of Affidavit Afte...

Gifting (Hebanama)of undivided share in a muslim joint family property.

Gifting of undivided share in a muslim joint family property We have farm (Bagh) ancestral property co-owned by 6 other brothers. Couple of days earlier one co-owner gifted his share to his sister's son.without taking permission from other co-owners. My concerns are. 1. Can he donate/ gift the property without our knowledge? 2. It's an undivided property but through mutual settlement an sho...

Succession certificate or legal heirship certificate

This query is for my relative's son and daughter. Their father had expired 8 years ago and the flat was in mother's name. Mother had nominated son and daughter as nominees but made no will. Now mother expired in April 2019 and they applied the society in Kandivali, Mumbai to transfer the flat in their name. The society is asking to provide succession certificate or legal heirship certificate fo...

Can landlord/ property owner demolish property without giving any reason and proper time?

A property (shop) has been leased by Trust (Landlord) to us around 60 years back. And unfortunately at that time no agreement/ formal document was signed and it was totally based on mutual agreement. Yearly rent was being paid on time and Rent receipt was issued by TRUST (Landlord) till 2015. Since 2015, Trust (Landlord) refused to accept the rent without any notice/ reason, however we kept sen...

Delay in handing over the flat, refusal of paying penalty

I had entered into an agreement to purchase a Flat of 585 sq. ft. on CLP based EMI payment scheme from the builder in Feb 2015 at Ghaziabad. Paid initial amounts through own funds and 30% amount paid by my Banker against my Home Loan. Total 40% amount has been paid. I have not paid any installment till possition. As per the Agreement, the possession of Flat was to be given in 3 Years with +/- 6...

I am running under a homeloan. Now I am in a trouble thus don't want to pay emi .

Hello Sir, There is property/plot around 2500 sq.ft which is the name of our mother (who is alive). We are two brothers and one sister. Myself is the elder one. I took a construction loan back in 2017 and invested around 55 lacs in it along with my personal saving 12 lacs. The loanee is my mother where she doesn't have any income. I am basically the co-applicant and paying the whole emi amoun...

How to cancel a registered sale deed of land in assam

I had an agreement with Mr. A that if he pay me Rs. 50.0 lakhs than I will return him an amount of Rs. 60.0 lakhs including benefits within 6 months. This amount I have taken for my business purpose. And if I am not able to return the amount then Mr. A can possess my property by giving a value of Rs. 1.5 cr. As the time went there was loss in my business and as a result I couldn't pay Mr. A, Rs...

Cancellation of Allotment of Flat

The original buyer Mr.ABC booked flat by paying booking amount 12,30,000/-(cash + cheque) and 22,00,000/- in cash in between 2011 and 2013 and got allotment letter.The total agreement value mentioned in the allotment letter is 48,75,000/-. In 2013, because of financial difficulties decided to sell the flat.He offered me to purchase it.We have executed a MOU on 100/- stamp paper in presence of 2...

Mothers Property share in daughters

There is a property which was on my mothers name who was not working. My father passed away 5 years back and mothere passed away in may 2019. we are 4 sisters and 1 brother. As per my brother mother left a will on which my father also signed as witness that my brother will be only one owner of the property. Though my mother wanted to build a will in which she wanted to give equal share of all h...

Fathers Self-Aquired Property Distribution

Hello Sir, I appreciate your help here to all the legal advice seekers. Here is my situation. My father died 10years ago, we are three kids me a son and two daughters, my dad always wanted to give me all the properties which are self-acquired because he thinks he gave already too much to my two sister when they were getting married as ‘dowry’ but he died suddenly (heart-attack). He started tr...

Rejection of mutation petition after 7 months of application

Sir, I had applied for mutation in December-18 for three khesras 2424, 2428 & 2429 in my name after buying half of the share from my brother (all three are previously mutated in my father's name). This mutation petition has been rejected by Circle Officer in July-19 citing construction of a toilet of a third party Mr X on Khesra 2424 who had claimed so.The note says the construction of lavat...

Gift of house through Will

Namasthe Sir, My deceased mother-in-law's eldest sister (single person, no children) gifted her own house (her own self asset) to my wife and me through will during 2006 & after a month she passed away due to cancer. In 2012, my wife and me registered this property in BDA (Bangalore Development Authority) and built a building. We are paying regular taxes and looking after the building maintena...

WILL note payment to pay daughter

Our family comprise my mother-in-law,my husband and my husband's two sisters who has be married and living with their husbands abroad. Me and my husband also living abroad.All we r in different countries now and rarely had a chance to meet each other. My husbands father wrote the will when he was ailing with age problems, stating that my husband is the sole owner of the land and house after the...

Delay in disbursement of Loan by DHFL & Lodha harrasment for pending payment.

Dear Sir I book flat in Palava (Lodha) in dombivali East in Lakeshore green in month of June 2018. Lodha Finance supported me in getting loan procedure from DHFL Bank and my loan sanctioned in July end for the amount of 45 lakhs. DHFL first disburse amount of 9 lakhs in Sep 2018 and then they disrbuse loan in Jan 2019 for the amount of 18 lakhs. Now from last 3 months we are chasing DHFL to di...

Need assistance for cancelling agreement for sale

I booked a flat, provided cheque ( however when I issued cheque I didn't have much fund and it was already communicated to the builder, he said he will present the cheque only when I let him know) , it is written it is shali land instead of vastu. However I didn't know about this so signed it. I got to know about these things only after when sbi didn't want to give me home loan since it is shal...

Apartment Property In Prohibited Plot List

I have recently booked an under construction apartment possession of which is in DEC 2019. This property is RERA approved and has received EC. Moreover, public banks like HDFC and ICICI have authorized and sanctioned loans for this property. During my research I found that the survey no. on which this apartment resides is in the prohibited list of properties as per the Stamps and Registrati...

Asking tenant to vacate with 1 month notice

Hello, I am the owner, i asked my tenant to see if he wish to continue once his contract is over which he refused. So i asked him to send me photos of house so that i can look for new tenant (i stay abroad), but even after 7 days i did not receive a single photo so i called and told them to send the photo or if they do not have time then i can send someone with their permission but they refu...