Legal questions on Property Law

Delay in possession

Hi, I had booked a flat in Supertech's Gurgaon project in 2015. It was under subvention scheme. Terms were - flat possession will be given in 36 months and in case of any delay the pre-emi (interest of EMI) will be paid by the builder. After 3 years of subvention period my EMI started in early 2018. I continued to get pre-emi part from Supertech till September'18 post which builder gave the exc...

Lift harassment

Dear Sir, We live in a small size 12 flats (4 floors) apartment in Bangalore and the builder+6 owners of property sold the apartments, i.e., 6 more to us outsiders. This was 19 yrs ago. The builder or the 6 owners did not form any association and the common facility upkeep is going on informally but not satisfactorily. We pay Rs. 1800 pm (per flat) as maintenance fees into a bank a/c opened lo...

Licensee refuses to accept notice of termination

Our licensee has paid the license fee after due date for 4 months in a row. The payment is delayed by anywhere from 2 days to 32 days. The license agreement clearly states that the fes for the month should be paid in the first 5 days of that month. At the time of signing the agreement he offered to setup a recurring account transfer from his bank to ours instead of providing post dated checks. ...

Delayed compensation

Sir, I ve booked a flat in EMAAR project in GGN. I ve taken this flat fm a seller in 2013 during initial phase of launch. Possession was supposed to be completed in 36month +5 month grace period fm date of commencement of construction, which was supposed to be completed by June 17. As per delayed compensation clause in Buyers Agreement, I was supposed to be compensated for Delayed Possession....

Property registration

Hi Respected Lawyers , Pls suggest i reside in a property along with my parents which was purchased in South Delhi Muncipal Corporation by my grandparents. Om there demise without a will, the property was divided amongst there 5 children (4 sons say A, B, C and D and 1 daughter say E) . My father is say A and each of the brothers now reside in the 4 storey property (1 floor each). there are two...

Inherited property from my great grandfather

Hello There, My name is Santhosh, there is a family property of ours, which is still under the name of my great grandfather. And the ownership till now is not changed on to either my father or his father. Now my father has married for the second time after my mother's death and he is not interested in giving the property to me and says that am not even his son. So would I be eligible ...

Interest charged on delay

Hello Sir, i am taking flat under mhada scheme, wherein Cost of flat is Rs. 835772/- I have made payment 1st installment : Rs. 208492 (25% of flat cost) while registration 2nd Installment :Rs. 627588/- via bank loan. Now the builder have asked to pay following: Balance cost of flat : Rs. 32532/ (as they have deducted late payment intestest from 2nd installment i have paid) Socie...

Succession

My great grandfather and grandfather had purchased a 3 floor property and a seperate house by contributing half amount each , my great grandfather died intestate (without any wil) and my grandfather in his wil divided seperate house to his eldest son and each floor(of 2nd house) to his three sons now one of elder uncle sold his floor to a dealer and thus two floor of my father and younger uncle...

Indosam, Noida 75 delay in possession and over charges

I booked a flat with Indosam, Sector 75, Noida in 2017 who promised possession in March, 2019. In the agreement they mentioned • Super area mentioned in the agreement is subject to change. Now they are offering possession of other towers and increases the super are from 1135 to 1178 sq. ft. without changing any dimension to carpet area. • The Company shall be entitled of 9 months of addition...

Registration of Agrement for Sale & Exchange deed after expiry of owner

I entered into notarized MOU (Memorandum of Understanding) for purchase of one flat and exchange of second flat with a Seller having two adjoining flats in CHS building in Mumbai. Mine flat which is to be exchanged with the seller’s 2nd flat is also in the same building. Seller had mortgaged his both flat and taken home loan and also had pending dues of society maintenance charges against both...

Seller not getting property registered in name of buyer

I made Diverted land purchase agreement on stamp paper on 500Rs. for procuring the land, Also paid full consideration same is been written on agreement that too with signature of evidences. Buyer requested to provide time limit of 12 months for making property registration in my name, But with constant follow-ups in regards to either return payment with interest or get property registered ...

Can society take-back additional parking space allocated to a member by society.

I am resident of an apartment and while handing over the society the builder has issued parking allotment letter to each member on society letter head with sign of chairman & secretary. There were few extra parking space available after allocating one parking space to each member. So, I approached the builder to get one extra parking space. Builder suggested me to deposit cheaque of certain val...

Property is on my Widowed mother's name and my other siblings are claiming theirs share

Dear My father had a property on name of my mother and he died in 2007 due to which my mother sold that property and bought a new one in the same year on her name only. In March 2019 she filed a civil suit disowning we all 4 brothers because of bad behavior of my brothers and theirs wives but they replied the notice that they are the equal shareholders as my mom is a housewife and she merely...

Adverse Possession

I have a shop in village which was rented around 50-60 years before to a person.There is no rent agreement as it is rented out in Goodwill. After death of that person his son is taking care of shop. The rent he pays is RS. 700. Legally my father was owner of the shop but he expired in September,2016 and now me, my mother and my sister are legal owners of this shop.The ownership was transferred ...

Regarding Family property and aged mother.

Sir, We are total 6 children for our parents, of which 4 are girls and 2 boys. My elder brother and me live in ancestral property, as two seperate homes in the same compound. Our mother lives with me (the younger brother) since I have built a new home in the place of our old ancestral home. Partition talks are happening in the family and we are planning to divide the total property equally ...

Property inheritance and Taxability

My grandfathers ancestral property was sold and the proceeds of which was used to purchase a property in Chennai. We are intending to sell this property . The property is in the name of my grandmother who is deceased. She has 2 daughters who are her Legal Heirs. The elder one is a PIO(US Citizen- Deceased) and the second daughter is an Indian Resident. The deceased sister is survived by her Hu...

Cancellation of Registered Sale Deed

I have purchased a Flat in multi stories apartments in Noida (UP), the BBA was executed in terms of RERA provisions and as per terms of BBA, the Builder was required to offer the possession upon obtaining the Completion Certificate (CC) by 31st March, 2018 whereas he obtained the CC from Noida Authority in June, 2018 and offered me Possession in July, 2018 so I am asking compensation from Build...

Vacating Tenant

Our grandfather gave a small portion of his house as a shop on rent in the 1990s. Our grandfather expired in 1990s and the tenant also expired in the same decade. Subsequently his son took over the shop and used to run his small business till 2007. Since 2007, no rent has been paid by them and they have kept the shop under lock and refuse to vacate. The rent paid was a meagre Rs. 150 per month ...

Signature in Forgery but evidence stage is gone.

Hello dear Lawyers, A civil court case regarding the property is going on and the case is in the ending stage. But 2 days back I found one evidence in which the opposite party has forged my signatures 6 years back. This evidence was very important for my case but I couldn't able to submit that evidence because I didn't know about this evidence, This evidence can make the full case in my fa...

Society Registration-?

Dear Sir/Madam, We need your proper suggestions on society registration query . 1) As per BMC builder not paid their property tax till date since 2012.. 2) Flat wise taxation not completed through BMC ward yet,it's under process now.. 3) Builder asked in written letter for society registration.. 4) We got the position from Builder June -2017, Building CC approved December -2011.. 5) it'...