Legal questions on Property Law

Can owner of Top floor with roof rights do construction on roof?

I have bought the top floor of multistoried(4 floors) builder floor and registered documents of this Top floor says ''Fourth Floor with Roof Rights'' hence i am the owner of top floor with roof rights. Below is one clause in the registered sale deed '' Vendor has restricted the right of construction above fourth floor and vendee shall allow other floor owners to visit on roof for maintenance ...

Property Distribution in Future

Sir, my father has constructed house by taking home loan on my name and the land is on my father name. I have 3 younger brothers, mother and father presently. I'm only paying EMIs for last 6 years (out of 20 years tenure). At the time of loan sanctioned my brothers were unemployed, so my father was taken loan on my name. Now all they are employed in private sector (salary by hand). Now they are...

Transfer of tenancy rights - Pagdi House Mumbai

We have given up our tenancy rights of our pagdi house in Mumbai. For that we have received xxx amount from the new tenant and the landlord took xxx amount to transfer the tenancy rights. The landlord refused to go ahead with the registration and he just transferred the rent receipt in the new tenants name. We handed an affidavit stating that we are handing over the possession to the new tenant...

Tenant Refusing to vacate House on expiry of tenure as per Registered Rent Agreement

I am the owner of one flat which I purchased in June 2016 in Delhi. I gave this flat on rent to one Senior Citizen aged 72 years in November 2016 for two years by Rent agreement duly registered at Sub Registrar office. My tenant is staying with his wife, daughter and son. My tenant has reputation of good person in the neighbourhood where as his son is unmarried, dubious character and doesn’t ha...

Change of name of flat legally

I am living in Badlapur, Dist Thane, Maharashtra. My mother brought a flat in Badlapur in a CHS. It is registered in her name only. She died without making a will or appointing a nominee. My father and we 3 sisters (no brothers) being the legal heirs, we mutually decided to transfer the flat to my father's name which was done. Now my father died and appointed me as the 100% nominee and also mad...

Property sharing

Hi experts, I am Hindu. I am second wife's W2 Daughter with my 02 sister of my father. My father's first wife W1 has only one daughter (65+ age). My father had married with W1 in 1941 and than married with my mother W2 in 1950. My father died in 1984 and his first wife also died in 1986. At present time my mother -W2 is alive( 68+). Now W1 has one daughter ( 60+ ) and W2 has 03 daughter ( 59+...

Can daughters challenge will and claim an equal share in the property of Goa?

We are a goan family and our father inherited a property from his father in Goa. We are three sisters and one brother. Now, the property constitutes of a house and land. The major share of the house and land has been willed to my brother. My brother has also been willed a house & land in another state as well while we sisters have got small portions of land in both places. My brother is unabl...

Can a landlord legally force a tenant out if she's engaged in paid sex as a profession?

Dear Sir, I have a zero rental agreement of 11 months with my landlord. I paid a large deposit of 3.5 lakhs, and am currently 2 months into the agreement. Society residents, along with my landlord, are now pressurizing me to leave. They've given me an ultimatum of 10 days. They say, if I've not vacated by then, they'll lodge a complaint with the local authorities and let them handle me. ...

Illegal sale deed

This is regarding a house located in the city on Nagpur ,Maharashtra our property was divided into two blocks i.e block no.9 and block no.10.I am the owner of block no 10.In my sale deed ,their is clear indication of common lane between block no 9 and 10.The original seller of the property is a Muslim trust name Khatija Bai Haji Ebrahim Tayyab trust nagpur ,registerd with charity commissioner n...

Distribution of Property

Sir I ASHIM DAS resident of Dadar East Mumbai.On dated 06/10/2018 my father expired due to heart attack. As he died suddenly so no will was made by him.I have two more sisters they are well settled but I am jobless abd I don't have any property except where I am leaving now which was owned by my father.After his death my sister's claiming rent for this flat where I lives now. Please suggest me...

Builder delaying the possession and not giving anything in written

Hi Team, I bought a house in Mar 2016 with assurance from the builder that the house will be ready within six months or maximum Jan 2017. During the booking, he took approx 30% amount and then later 40% additional as per the work status. He kept saying that I will give you everything in written but after taking the money he is not in a mood to give us anything in return what we agreed during t...

Buying property with tenants living in

Dear experts, I'm purchasing an apartment in gurgaon in resale, and currently the property has tenants(bachelors) staying in it. They have rent agreement with current owner till May 2019(with minimum 6 months lock in period ending [deleted], thereafter 1 month notice can be served by either tenant/owner to leave) 1. To safeguard my rights as buyer, I have asked for registry to happen on 2...

Property Dispute

I am a Hindu male living in a house with my wife and children which was bought by my fathers money and elder sister had also taken some housing loan for the same. This house was taken in 2009 November. This property was under 50 -50 % ownership of my father and sister. My father had verbally reassured me time and again that I will also get my legal share of the property when the time comes. In...

Occupancy certificate

I have booked a residential flat in Bhiwandi taluka, in Thane District in the year 2015. The project falls under grampanchayat area and has got a commencement certificate from the collector office. The builder has got the RERA registration for the project. The project is having multiple buildings and is still under construction. The builder is likely to give possession very soon. However, as al...

Registered Sale deed cancellation

1. I purchased a house plot and got it registered from developer and builder on 8.8.2018. 2. Land conversion was obtained at a later date by the former who sold that land to builder. 3. A request for venture layout approval was made to panchayat secretary by the former but not developer. It was forwarded to dtcp which is not approved till now. 4. The plot that was sold me lies in the land of...

Mutation of property

A (husband) and B (wife) became members of DDA in 1979. A died in 1980. The couple had two children C (daughter) born in 1958 and D (son) born in 1961. Both B and D took possession of the property in the year 1987. But before 1987, all payments with respect to the property from 1980 till 1987 were made in the name of B through his own account. In 1986, both B and her daughter C , relinquished a...

Agreement clauses.

I am planning to book an apartment in upcoming society in Bangalore and going for an agreement. Needs your view on below clauses: 1.3 The Allottee/s acknowledge(s) that the Promoter alone is entitled to utilize and deal with all the development potential of the Land including the existing and future FSI and /or transferable development rights (“TDR”) heretofore sanctioned or as may hereafter b...

Illegal bounndrywall construction

Namaskar, I am midhun from Kerala. 2011 I started my new home construction 5cent with permit for 5cent. .building done by full contractor and engineer. nieghbour have 1 cent property.when I started construct.he also started with corporation plan shows 2.5 cent permit.but actual area he have 1cent. He started illegal and construct with my boundary wall.so I complained to cooperation they g...

Buying property with tenants living in

Dear experts, I'm purchasing an apartment in gurgaon in resale, and currently the property has tenants(bachelors) staying in it. They have rent agreement with current owner till May 2019(with minimum 6 months lock in period ending [deleted], thereafter 1 month notice can be served by either tenant/owner to leave) 1. To safeguard my rights as buyer, I have asked for registry to happen on 2...

Rights of property

My mother died 4.5yrs back, since then my dad had an intention of getting married again. We are two brothers, both are married and settled in different places. Since dad was alone, I being the younger one was taking care of dad for 2 yrs after my mom's demise. He created all problems between us and moved separately and now he got married. Now the problem is step mom has got 2 unmarried daughter...