Legal questions on Property Law

Owner not willing to give deposit amount, even after providing 1 month notice period

We had moved into a 3bhk flat and had a agreement for 11monts. Due to covid situation we were going through financial issues so we asked our owner to reduce 50% of the amount if he can but he agreed for 15% of rent which we were still very grateful about, also both the parties agreed on that the amount is to be reduced since we won't be able to return him the reduce amount later if he ask so. S...

Right of a Son on Ancestral Property now in the name of Father

A person has three sons, he is living with eldest son the younger son lives separate from home and youngest lives on the first floor of the property of his father constructed by him with no proof of construction as well as no proof of registration available with him. The agreement to sale has already been implemented and after the sale deed implementation the youngest son demands an additional ...

Land purchased in 1998 but not registered. Who is the owner?

Dear Sir, My father purchased a land of 33 decimal in 1998 for Rs. 15,000, from a person named Nagen Das. But they did not register the land at that time & also no deed & money receipt for the above transaction. Now in 2020, Mr. Nagen's son Ujjal Das, has has denied to register the above land. They threatened that they will take legal action & not agree to register. We are living in a vil...

Refund of amount for the property purchased due to a govt borewell present inside property

I have purchased a property from IDBI BANK LTD under sarfaesi act. On the same day when bank took physical possession it was handed over to me giving me a handover as well as sale certificate at the site. After that I came to know that a govt borewell and encroachment of CNT as well as govt land is also there inside the campus. After two days of my possession the first borrower repossessed the ...

Builder issue

Madam/Dear Sir, I am a resident owner of a flat at Bhubaneswar. 200 flat owners are staying there in the apartment. After a long demand the promoters have allotted the parking space to the resident owners with inequality in allotment. The basis of allotment has not been mentioned in the registration or sale deed. Parking space allotment fee is only mentioned in the registration without menti...

What is proper line of action(Legal remedy) to resolve the matter?

Background: My mother purchased the land in 1996 and was cultivating it till 2014.The previous owner lodged various revenue and court cases claiming that part of land was sold by his father to some of his close relative, way back in 1978.There is no claim, revenue records till 2002 to support his or his relative’s claims. Till 2012, In all the cases launched by them at various levels up to high...

NOC not obtained hence buyers name will not be endorsed on share certificate.

I sold the flat in coop housing society in december 2019. Buyer was introduced by chairman of the society and okayed. He gave format for taking signature from the residents of block which was duly completed as no one had any objection. Further an affidavit duly notarized was asked for by the chairman and was duly completed and submitted. No dues certificate was also given. November 2019 we were...

Pocession issue and mentally tourchered

Sir I buy a house in one society whose deal done on 04 Oct 2020 by clarification of 55%ammount paid by me with in one month and as loan sention sale agreement done As loan sentioned on 27oct 2020 I do my side peyment by 05nov and sale agreement done on 10nov after that on 27 Nov 2020 bank releases 25.2 lacks to builder remaining ammount is 2.80lacks as I mentioned all to builder I need house ...

Refund From Builder

Dear Sir, I paid Rs.2 lakh to builder for booking amount of plot.After legal verification they were not able to provide all the documents asked by my lawyer so builder asked me to cancel the booking and agreed to refund the booking even they have given a written letter head that booking amount is refundable in case of cancellation. But when i cancelled the booking and asking for refund they ar...

Lease Agreement issue

Hi all,, My mother has made an lease agreement for one of our house in 2013 for 3 years for 50,000/-. In 2016 she has signed an extended lease for 3 more year with additional lease amount of Rs 50,000/-. I was not aware of this since my elder brother and mother have signed the lease agreement. In year 2016 my mother passed away and extended lease agreement has expired in year 2019. However the ...

Ex-Flatmate cheating on security deposit

I moved in to a rented 3bhk (35k total rent, 11667 per person) house as a replacement in Haryana , the lease agreement was in the name of 3 individuals, 2 of them were my ex-coworkers and the other is Mr X (who is allegedly keeping everyone's share in the deposit) I replaced 1 guy in that house (1 of my ex co-worker), gave him his share of security deposit (22k) and started living there in Ja...

Not to able execute Gift Deed

My father has an self earned property. He has 1 son(myself) and 2 daughter(both got married). My father and mother stays with me and I take care of their food, shelter, day to day expenses, all medical needs, property maintenance, paying property taxes etc. Father is ill and his health is getting deteriorated day by day. He wants to pass on his property to me and ready to execute gift deed. But...

Terrace rights of top floor owner

I am allottee of top floor in 1+3 stack of DDA SFS flats. I am 63 years old lady. It was locked as we were posted out of station. I left the terrace door unlocked to give access to lower floor owners for tanks etc. However, in my absence, my below & opposite neighbours abused my terrace, by holding drink parties,barbeque, throwing old junk like used toilet seats, etc. Also they grow huge plants...

Sale of Unregistered Flat

I booked an apartment in Bangalore which was worth 48Lac Rs. in Dec 2016 by paying an Initial amount of 12Lac Rs. Later paid in installments upto 45 Lac Rs. in total, the last installment was paid in Feb 2019. There is a remaining amount of 3Lac Rs. to be paid to the Builder as per the initial agreement and get the Possession. Later which register the property in my name. Apartment is in Ready ...

• Using residential property for commercial use

Reference is made to a 32 apartments G=11 storied co op Housing Society Residential Building ( under construction) at Kolkata and the housing society is registered under West Bengal co op Housing society ACT. Plat is given by Govt of West Bengal for 99 yrs lease. The society is run by a ( elected team) Board of Directors ( Chairman, secretary, treasurer etc) Though it is under construction ...

Tenant not vacating the flat

Dear Sir/ Madam I have a flat in joint name with my wife in Indore (mp) which I have rented to a person in July 2019. The agreement is executed by my wife. My tenant's behaviour was not good and was not paying rent on time since inception, so in February 2020 I gave him one month's notice to vacate the flat. He then went to court and filed a case against my wife. The court summon was not rec...

Purchased Property and later on found that the seller enter sale agreement with third party

I have purchased property and registered sale deed . Later on after one month received a court summon and came to know that the seller had earlier enterinto agreement of sale (unregistered) with another person and that person gave a very small amount of only 8% of the total contract value, so the seller didnot sale to him and he sold to me. Seller didnot disclose this to me. I came to know only...

Offer of possession without CC / OC

Dear experts , I booked a flat in Gautam Budh Nagar , Uttar Pradesh in a multi storey housing society and that was to be delivered in 2015. Though construction has been completed by builder in 2017 and applied for completion to authority , CC/ OC has not need issued to builder. RTI has disclosed FAR violation and few other pendencies from builder side . Since builder had already applied for...

How can i claim my property in equal shares

Dear sir/madam. my family consists four people our native place is devarapalli, which is in Krishna district, andhrapradesh.we currently live in Hyderabad.me (SON),Mother, Sister and my father.my mother married to my dad on 1990 and we were together for 27 years .my father left us due to his personal reasons 3 years ago. before he separate from us he promised us that he will share our rightful ...

Landlord threatening to charge penalty even though I've given notice

Hi, The below clause is part of my agreement. My agreement starts on 1 Feb 2020. I've given 1 month written notice to my landlady that I wish to terminate this contract on 1 Feb 2021 i.e. my last date will be 31 December 2021. My landlady is threatening to charge 2 months rent from my deposit if I terminate the contract. Is that legal? If I change the last date as 1 Feb (termination...