Legal questions on Property Law

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...

Dhana keraiyam query

There was a dhana keraiyam settlement from my mother to my name, done about a year ago. The property was bought in early 90's by my father in his earned money, who registered the land in my mother's name. In order for me to build a house for my retirement plan, we executed a dhana keraiyam settlement in early 2018 and house construction is also almost completed, house warming is also done with ...

Agreement not provided by house owner..he passed away..

I took a commercial place for rent for 12000 per month with 1 lakh fifty thousand rupee as advance in 15th Nov 2018. And The owner agree to give agreement but due to his bad health condition he was not able to give agreement..finally jan 14 he passed away ..after that I asked his son to give agreement who is staying in same building..I paid Jan rent to the son..after a week his mother and siste...

Rights of my sisters on ancestral property

There is an ancestral property of my grand father and grandmother and uncle. They are 3 purchasers of this flat in 1985. Now my grandfather had 4 children. 3 sons and 1 daughter 1 son was adopted by another family and his surname was changed. All 3 sons got married and they have 2 children each. Elder son has, one daughter one son Middle son has two daughters Younger son has one daugh...

Stamp duty paid under amnesty scheme '94, but not registered, need to pay duty again?

I purchased flat in 1991, and paid stamp duty in 1994 - Amnesty Scheme(Maharashtra). But, I did not register the flat. FLAT OWNERS - 1st OWNER - SELF, JOINT OWNER - MY WIFE. 1) Do i have to pay stamp duty again to register the flat at current valuation or is there any easy way I can only register the flat as stamp duty already paid. (Original Owner not traceable). 2) Our society is proc...

Jewellery of Mother

My mother died recently due to cardiac arrest as 2 daughters have created a tension scene with me in front of parents at my residence. Mother also over reacted on daughters inappropriate aggressions which lead her to leave for heavenly abode. Daughters asked my father to give all jewellery to put on dead body of my mother. After few minutes of photography, daughters have taken out all jeweller...

How far HUF Property sold by Karta is valid and unchallengeable in future by minors ?

Respected Experts, I am to buy a Commercial property owned by HUF offered by Karta of HUF. Below are few details’ of same. 1. Karta is 80+ old man willing to sign and execute all documents. 2. HUF consist of originally 5 members ( Karta, His wife, one late unmarried son ( Expired 10 years ago ), two married daughters ). 3. Out of 2 married daughters on has 2 children minor and the other one...

Society Maintenance Charges, OC and FSI

My husbands parents resided in an old rent system building in Mumbai for several decades. In 2005/06 the building went into redevelopment and as a part of the redevelopment agreement they got a slightly higher carpet area( new carpet area of 866 vs old carpet area of apprx 750). However when the builder has constructed the apartment he has constructed it with a possibility to even have a furthe...

Can I ask for Refund from builder when he delays the possession by 2 years and charges Interest also

Hello everyone, I have booked a flat in a Xrbia Riverfront project in Pune in July 2014.I made the payment according to their schedule and got officially registered the flat in 4th July 2015,I got payment details & allotment letter & everything with me,it is mention in the registration agreement that builder will give the possession within 30 months from the date of registered agreement (which...

Housing society harassments for maintenance

Hello, We are owner of flat in navi munbai area and society is harassing us for maintenance. Due to certain issues with builder we were not occupied the flat between 2014 to 2017. Builder forcefully not allowed us to enter in our flat during this time so we haven't use our flat during 2014 to 2017. Now builder left from this place after police compliant and all. We occupied our...