Legal questions on Property Law

Partition Suit

We have a shop in Mumbai, the shop is under the jurisdiction of BMC. After the death of my father in 2003, me my other brothers and sisters and mother signed NOC to transfer the property in name of my elder brother. As per the BMC rules, the property can be transferred only in name of one person. We are total 6 sisters and 5 brothers. My brother transfer the property in name of his son in 2017....

Very emergency sir

Dear sir, We are planning to buy auction property. Actually in 2012, x-buyer bought the property for 64 lacs and paid only 54 lacs to builder. Still 10lacs is due for builder. But Bank has disbursed the full loan amount 46lacs to builder. Since the x-buyer is default to bank, this property is in auction sale. Now we approached the builder also and they said that with interest 20 lacs is due...

Violation of sub rule 3 of rule 9 of Security Interest Enforcement Rule 2002 during e-auction bybank

IOB Delhi branch conducted e-auction of secured assets on 15.5.2018 but the auction purchaser deposited 25% amount on 17.5.2018 two days after the date of auction. 25% of bid amount expected to be paid immediately i.e. on 15/5/18 or before 16/5/18 but was paid on 17/5/18 which is utter violation of provision of SARFAESI Act. The of property by bank was vitiated by fraud and not following the pr...

Leave and License Agreement Query

I have a licensee that would have completed 4 years living in my flat in Mumbai in 2019. The agreement duration each time has been for 11 months, but the licensee has continued to stay in the flat although the old and new Leave & Licence agreements every time have had a gap of at least a week or more between in terms of end date of old and start date of new agreement. The licensee is looking...

Seller not go for registery

I am purchase a property in delhi Rs. 25lac consideration . This property are mortgage of chola mandalam Bank from the seller side. I know and I m interested for purchase because I m takeover of this loan through bank as a Seller Bt terms. 1. So, we have to 1.50lac pay to seller on 29.11.2018 under agreement to sell and balance amount Rs. 23.50lac pay in three mode a) Rs. 412000 pay by buyer ...

Dispute on Purchase of a Plot

Sir, I have purchase a Plot from a Seller X with proper Registration at Sub Registrar Office with proper sell deeds with payment of appropriate Fees . But I have come to know that The Seller X was made an agreement with Notary with some other person i.e Y 2 years before to sell him the Plot after he (byer) clear the loans of the Plot. But Byer was not cleared the loan and this matter also not...

Adoption son and inheritance property rights

Hello all, My Grand father was adopted son. We don't hold any documented evidence of the same but on various lad and his educational documents he added the adopted parents name. In the adopted parents only widow mother was there when adoption happened and she didn't had any male/female child during that time and there after. My Grand father died in 1999 and when died before that divided the pr...

Need Advice on court judgement

My grandfather had 6 children [4 sons –A, B, C & D and 2 daughters ‘E’ and ‘F’] A, B & C - Defendants and D is the ‘Plantiff’ , ‘E’ and ‘F’ have not contested and have no objection] • In 1984 my grandfather sold his ancestral property and purchased a House from that money and the extra money equally contributed by his 3 sons (A,B&C) • ‘D’ also got some money from the proceeds of sale...

Buying a house in Mortaged layout

Dear Sir, I came to know of a property for sale, in a layout where my brother owns a Villa, Builder ran into problems and stopped construction, the owner of the villa has now put the semi finished villa on sale, we have calculated only the land value and offered to buy the semi finished villa, at 71 Lakhs, I have paid 21 Lakhs in advance, and wanted to go for home loan for the remaining, while...

What if the Sales deed and EC has one owner name and patta has different?

Respected Lawyers, I am from a Islamic religion. My uncle has bought lands in a village named Mayiladuthurai in Tamilnadu in 2000. And he has been out of the town for all these years. These properties are taken care by his elder brother who was living there. He is no more. After years, my uncle is ill and in final stage. He wants to sell those land and pay back the debts he got for his medical ...

Frauded by Uncle regarding Sale of a Shared Family Land (EJMALI Property)

Dear Sir Brief of our family Our family (Roy Bari) an ancestral property at Krishnagar Nadia, My Grand Father are 4 Brother, Brother one had One Son, Brother Two had 3 son, my grand father was the 3rd brother, he had two sons (My Father (Having 2 Sons Me and My elder Brother) and My Younger Uncle (No Children)), and Brother Four has 4 Sons. Currently Except us i.e. My Father and My Uncle, e...

Is GPA holder the legal owner of the property

Me and my wife had made my Father as our GPA holder to register our apartment in our absence as we were abroad at that time. Now I wanted to change the Khata from the builders name to our name. For this we approached the panchayat office and we were told that since my father had done the registration on our behalf as the GPA holder, the Khata can be transferred to him only. If we wanted t...

Farmer Compensation & Maintenance Charges without Offer of Possession

High Court of Allahabad halted construction in Noida Extension in July 2011. On 21.10.11, high court ordered additional compensation to be paid to the farmers. I booked a flat in Noida extension on 30.11.11, i.e 40 days after the court order. Later the matter was sent to Supreme Court which upheld the high court order in 2013 WITHOUT any ADDITIONAL/EXTRA COMPENSATION other than what was ordered...

Default on Payment Plan - Penalty

Hello team, today (13/MAR/19) I received email from the builder with subject as 'Provisional Allotment of the Residential apartment'.. The letter advises of the provisional allotment of the apartment and acknowledges the initial booking amount ('Earnest Money - Rs. 51000/-') that was collected.. The letter then notes that I am required to pay per earlier agreed payment plan (linked with the ...

Pagdi system Reciept transmission

Hi. My maternal aunt is a pagdi kiraydar (tenant) and rent reciepts are in her name for a shop in central mumbai. She died in Feb 2018 leaving behind no children or spouse as successors. She had been living all her life with us (her elder sister's family) till the time of death. I am her nephew whom all the relatives (including her siblings and my siblings) have unanimously and wholeheartedly a...

Need advice on property division

I am a Muslim by religion. My grandfather married another woman (after the first wife died). The first wife has 4 children and the second wife have 3 children (two males and one female) of whom the eldest son has expired. My grandfather had made a will wherein he had equally distributed the property amongst his children but the will(unregistered) was torn and hidden by children of the elder ...

To locate a registered will done by my mother in 2001 in Asansol

I am the second son of my mother among two sons and two daughter. My mother, at her last stage , came to Kolkata for medical treatment from Asansol from where we belong to.My other told me verbally that all the property (moveable and immovable) has given to me. But I could not get the Will ( which I needed to probate, as a result all the property was divided among the siblings and I was forced ...

Undue maintenance charges by the builder

Hi, I would just like to brief you about the history of case, my father bought an under construction flat in a society, located at Greater Noida.We had paid all the sums required by builder by November 2016 and builder sent us a notice for fit out and registry of the same. However, due to my father accident we could not pay registry amount by March, 2017 and paid the same in June, 2017.For this...

Very unsatisfied rule

Sir my father purchased land before 2000 but at that tym he is illiterate he did not do registration the buyer and my father closed deal with a agreement paper. Inthe end seller filed case that agreement is fake and that is a fake agreement after my father death. I fighted more that 15 years in court at the end seller compremaised with half half share. Being a middle class people we agreed to g...

Physical presence of owners for sale of properties

I and my wife are joint owners of properties (flats) in Pune, which are on lease currently. We intend to bring closure to the lease agreements and sell off the properties. Given the fact that we cannot predict the time when we will get to sell each property, we may not be able to bring ourselves in Pune to sign the Registration document and other legal documents (if any) to complete the sale of...