Legal questions on Property Law

Betterment fees by Duplex builder

I have purchased a Duplex in Bhubaneswar, Odisha where the land layout is approved by BDA and ORERA. The allotment letter says the total amount of the Duplex (additionally Registration, Holding Tax, GST and other taxes as applicable). As the approved plan layout is for land, there were 2 agreements one for land (45% of the value) and the other for construction of the building (55% of the value)...

The Owner is Constantly threatning to get us evacuated

Hi, Explaining my current situation with a history first for your better understanding: I am currently on a lease on 11 months, and on my last month of the agreement. 1 month back I have given my notice and will evacuate on 30th June. The original names in the agreement was with two other people who had to leave the flat because job relocation. with the owner's consent I had found their r...

Path to Home

On partition of ancestor land between my father and uncle ( My father younger brother) , It was written in the deed that we can USE the path to home by the right side of the land. Our land is behind the main land given to uncle , so the path from the main road is through the right side of his land. Its written that we can USE , land is not in our name. But there is a house (പുറമ്പോക്ക് വീട്...

Auction property outstanding dues with housing society

One of the flat owner in our society purchased a flat in auction from a private bank after the first owner failed to pay the bank emis and interest. The second owner is not paying his outstanding dues after multiple phone calls and email exchanges. The previous managing committee of the society took a stand that they will not grant membership to the flat owner till the time he clears all the ou...

Property management cheat

I have an independent house in Chennai. In October 2021, I signed an agreement with a property management company to let my property for Rent. In December 2021, i was told by the property management company that they have found a tenant for me. I got the rent only for the first 2 months. After that whenever I called them asking for rent, they keep giving excuses that they have Audit issues and ...

Builder not executing sale deed of flat in Thane

I am purchased a flat directly from builder in Thane and carried out agreement for sale in 2021 when the property was under construction. I received possession in April 2023 after building received OC, Society was formed in Nov 2023 but yet to issue share certificate to me. I asked builder to execute sale deed now (June 2024) but builder is not agreeing to execute sale deed even after entire ...

Removal/ rent of High tension line on my property

Sir/ma'am I high-tension voltage line and pole situated on my property at Village chulkana (panipat). This pole has been in place for over 50 years, a time when the surrounding area was not residential. However, the area has since developed, and there is now a residential community beneath this high-tension line, moreover there are thousand of houses beneath this line from bhakhda naangal dam...

Non formation of Association of residents in a gated community and charging of arbitrary maintenance by the developer

Ours is a gated community of around 1,000 plots in Bangalore under the name of Canterbury Castle. Most of the plots are vacant and many of them are owned by the developer. Developer is neither forming the residents association nor he is giving any accounts of the amounts spent by him on maintenance despite lapse of more than 15 years.. He has arbitrarily increased the rates of maintenance and...

Delay in physical possession due to stay order by High Court

Sir, i had purchase one residential property through bank auction on 23.08.2023 and full payment made on 04.09.2023. Sale certificate issued by authorized officer on 05.09.2023. Borrower file case on 11.08.2023 against bank auction and stay was granted on 11.09.2023. Stay order is as under: [deleted] "Learned counsel for the respondents seeks time for filing counter-affidavit, post this matt...

Harrased my parents without letting me know

My parents took out our agricultural land for sale and the people who were supposed to buy the property had already paid 7.5 lacs rupees to my father which is half the amount of the property and it was promised that the rest of the money will be given after the complete settlement, but due to some crime was committed long back on the land it was under some criminal case and we were not able tra...

LOA - Letter of admistration

Hi, My Mom passed away in 2019 (5 years back) and my father recently passed away 1 month back. My parents have 2 immovable properties (flats) and both are in the name of my father now and they were originally allotted to my MOM directly from MHADA Mumbai. Papa has left back a will which states House A to be given to younger brother and house B to be given to Elder brother. We don't know if its ...

Daughters right over HUF property which was already partitioned before 2005

I'm about to purchase a part of HUF property. This said property was purchased in 1978, but the karta died without making a will. (Please note that the karta had 9 children, 5 sons and 4 daughters) The property was then partitioned equally by his wife, only among her 5 sons in 2001, and the said partition deed was registered.( BUT No share was given to daughters and even their consent was no...

Full amount paid but flat cancelled

Hi Team I am writing to seek your legal advice and assistance regarding a distressing situation I am facing with Gaurson Builders. Below, I have outlined the key details of my case: Purchase and Payment Details: I booked the flat on 2012 and paid all the amount in time to till 2017.The flat I booked was on the 19th floor. I paid the full amount for the flat by taking a loan. Cancellat...

Pagdi system tenancy agreement Builder claims as landlord

I bought a shop in 2005 on tenancy basis from trustess of the public trust, in mumbai all the documentation, it was showing that shop is located on CTS no 1234 and we have a very basic tenancy agreement which was registered at registration office. After 18 years a builder came in the neighbouring structure which have cts no 5678. He raised a claim that my shop is also on cts number 5678 and no...

Status Quo over the Property

I have purchased an old property built on load bearing of which the slabs and walls of the structure were comman with that of my neighbor as previously, the structure was same and late on it was subdivided. I have my seperate PR card. I intended to demolish my part of the building, but my neighbor objected against this. They filed a suit under Section 38 to obtain an injunction against us. Para...

Builder demanding payment which is not as per line of Contract

Hello All I have bought a flat in a under construction project with a payment plan that to pay 15% on booking, 25 K each month till project completion ( June 2025) and 3 lakh every 6 months and rest amount on the day of the possession which is projected as last payment in June 2025. The project is in stages and seems the buiilder is completing this section earlier than expected and demanding...

How to check whether my neighbour is legal owner of my neighbour flat ?

Hi Guruji's, I am currently facing problem with my pent house flat person who is not giving maintenance of 1000 per month since 2 years. On recent meeting held between owners, 2 were supporting him saying that he will not pay maintenance as he will look after appartment when ever needed. Where those 2 people are dominating persons in appartment and all others were dummy or neutral in any meet...

Can xerox copy of mutual agreement be permission in court?

My grandfather and his brother had land side by side. The land closer to road is with his brother, and land farther from road assigned to my grandfather. My grandfather has a mutual agreement on the land that connects the main road and interior land such that land will be a common way/passage to house built in interior land, in 1980s. We have xerox copy with signatures of grandfather and his ...

Can Builder has right to restrict performing Flat interials electrical works through my own channels

I am from Hyderabad. Recently, I purchased a 3 BHK flat in a gated community. The flat has been registered in my name. As part of the interior work, we have begun installing a false ceiling in my flat, and I have engaged a known contractor for the POP work and the necessary electrical wiring for the POP, as well as for a few additional electrical points required for my interiors. However, my...

Exchange and transfer of land

My case is some complicated so explaining with example. A person P was owner of property no 60 and 10. He sold half of the part to person M from property no. 10. After few years when person P died, the half of the remaining property no 10 and full part of property 60 transfer to his two son A and S. A and S exchanged their property no 60 with their father’s sold property to M under registered e...