Legal questions on Property Law

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...

My father has a rented shop from past 30 years

Sir my father has a rented shop from past 30 years but we dont have rent receipt because earlier it was with my grand father he used to work there and the landlord was like a friend to my grand father so he never asked him for rent receipt and now the land lord and my grand father both are no more and the shop is now with my father he continuing the same business there, before one year one of...

Ancentral house divided between two share holders can be sold to third party without consent of othe

We are having our ancentral living house of our grand father in Varanasi , U.P. After death our grand father it was mutually agreed between our self that ground floor area will belong to one party with open space around 35'×52' limiting his right up to 1st floor level ( 10') above to this height he cannot construct. 2- Second party is entitled for 2nd and 3rd floor area measuring roughly abo...

Houseing society parking issue

Our society has allotted 1 parking per flat to all. We love on 3rd floor and have a new tenant directly above us on 4th floor. Their now ours and theirs are 2 corner parkings which forms 2 sides of the building leaving a small space in between that legally doesn’t belong to any of us. For 10 years we were using that space to park our activa, cycle, 2nd car and there was never any problem. 2 mon...

My Tenant is not vacating neither paying rent

Hi, We have house in bangalore which we rented to my tenant 4 years ago. We are living in abroad. My tenant deposited rent properly for two years. After that he was not paying on time but somehow paid very late by after 10 to 15 days of the rent date. When we called them and asked for the delay he was saying that we are torturing by asking rent and he will vacate the house if we want. Then w...

Neighborhood issues

There is a family in our gali consisting three citizen: daughter, son and a mother. They are living on rented flat on ground floor. We don't have any personal problems or not even we communicate to them since they are living in the house. The problem is initially they gave stay to two street dogs at their home and feed them, care them which is good. After some time those two now turned to almo...

Unmarried Maasi registered will probation

My mother's unmarried sister expired April 2018. She had no children, and her mother, father have also expired. She had two brothers and two sister, also all pre-deceased. One brother had 2 children, 1 was pre-deceased with no children. The second brother had 3 children, 1 was pre-deceased, but with 2 children. One sister was unmarried with no children and the second sister had 7 children. I am...

Can i lible to get compansation for delayed posession

Hi Team, I bought a flat in Sept 2016 from one of the builder in pune. It's been more than 2 years now but still I have not recived the posession.Builder sold the flat by saying Dec 17 as posession date but he did not mention the same date in aggriment instead written 36 month from the aggriment date. When Rera act came , builder added date of possession Jun 18 and revised date of possession...

Can an apartment owners association levy joining fee for membership to a new owner?

I bought a flat in an apartment, where the association is going to take charge of maintenance from the same month as my purchase. The Association was formed one year earlier and the election for new Management committee(MC) is scheduled one week later and I wanted to apply for a post. I went to check if my name is being reflected in members' list. The incumbent MC confirmed my name in list prov...

Interest in demand and claim clause in sale agreement

Hi, I am a buyer of the property In Pune and seller is asking to put below clause in the agreement. Is it fine? 1. The Purchasers confirm that prior to execution of these presents they have verified the title of the Vendor to the said Holding. The Purchasers, in pursuance of having carried out their due diligence, title investigation and inspection of documents and physical inspection o...

Refund of flat booking amount

I was booked the flat in Mhalunge Pune Maharastra in oct 2014, and paid 7 lakhs as a booking amount by check payment. i have receipts and bank account statement of that transaction. after that there was no any construction activity so i given a flat booking cancellation mail to builder in sept 2015 and asked my booking amount back builder was not taken any action on that mail so i again gave hi...

Cancellation of gift deed after 3 yrs

My husband and me have been living seperately since Feb 2015. I had come to Delhi (parental home) from mumbai (matrimonial home) to meet my parents, and my husband in the meantime left for Canada. Since after he left even my in laws have debarred me from entering my matrimonial home in Mumbai and my husband has not returned as yet. He has been promising me to be together since then but never di...

Buying Property in resale (Flat) with Exchange deed by First owner.

Hi, I am buying a property in resale (flat), the concern is that the owner does not have original exchange deed of the property. The owner sold his land to developer and both parties executed exchange deed in which it was mentioned that the developer is in-return selling flat to the seller in form of exchange with the land. Now I am purchasing the concerned flat from the current owner, but ...

Land dispute claim

My father and his two brothers had 9.75 decimal land in my village out of which two brothers sold their equal share of 6.5 decimal to our neighbor according to a sell deed dated1980 shown by them which we are not having and we are left with 3.25 decimal+(3ft vacant land in front of the plot to walkthrough which is not being claimed by any one) now what happen they are claiming .5 decimal from o...

Bank refusing to give back property documents

Sir my father has taken an housing loan from bank in 2000 and repayment schedule of 14 years with intrest the lone was on variable intrest and we have paid all the EMI on date with no bounce of check the lone was completed in 2014 when my father went to collect the documents they refused to give stating that on variable intrest u have to pay additional amount as an intrest which u have not pai...

Owner is not returning the leased amount

I have taken 2BHK for lease in 2014 for 2 years and after due date I have sent renewal agreement for another 2 years lease for same amount at that time owner is fell sick and hospitalized with paralysis and unable to talk and I contacted his father and he has taken the owner thumb impression in agreement and sent to us no problem at that time. and then in 2018 I want to vacate/ renew the same f...

Rights over a dog

Hello, year and a half ago when i still lived together with my ex, we took a dog. dog is mixed breed and he was bought from random family, he doesn't have any buying/selling contract. during our life together, i was the one who paid for all the medical bills, food etc. on the dog's passport there are both of our names. year ago we broke up and agreed verbally, that the dog lives with me and ...