Legal questions on Property Law

Parking Allotment by Builder

Our scheme has 2 Towers of 1 BHK and 8 Towers of 2 BHK. In sale deed of 1 BHK its written that sufficient parking will be provided where as in sale deed of 2 BHK, it is written that Parking slot will be alloted. At the time purchasing flat builder did not tell us that they will construct garden on first floor and allot parking in ground floor. In our case half of the area below our tower ...

Correction of name in 7/12

I bought a plot in PCMC Charholi Bk. village in 2010. My name appeared in 7/12 document also. This year in April, when I checked my name in 'on line' record, my surname is mentioned as Bikari instead of Birari. When I went to Talathi office, they said it is a mistake & I need to apply for correction to Tahasildar PCMC, which I did so. After a lot of follow up, the matter was sent to circle offi...

Gst

I am purchasing a flat in Ranchi, Jharkhand say, for Rs. 50 lakhs. The seller, Mr. A had purchased the underconstructed flat under the service tax regime (was liable to pay service tax) and currently has payment due to the builder of Rs. 20 laks out of the total consideration of Rs. 45 lakhs. The seller, Mr. A had made payment of Rs 25 lakhs along with applicable service tax to the builder, ...

Owner insisting tenant to repair.....

I stay in Pune at a rented apartment for 2 years. I saw leakage in kitchen and the wall getting wet, I informed owner on 10th July 2018, who stays downstairs and told him it may be due to rain, but to avoid spending money, he did not inspect it through plumber or structural engineer and bargained lot of time. Now I decided to leave that apartment because of his such approach on 30th Sep after s...

Solution for restricting my uncle from obstructing our new construction

We have an ancestral property which was inherited to my dad under attested will. The same was transferred in the name of my dad in 2008 on the basis of will in society and Municipal Corporation records. Currently my dads name reflect on Property Tax Receipts, Property Card and all Society records as member. We stay on ground floor and allowed my uncle and cousins to stay on 1st floor who were a...

Welfare Association or Apartments Owner Association

Hello Sir, I live in a multi-storey apartment which was handed over 6 years by the builder. The Fire NOC and OC is still pending from the builder. We have not formed an Apartment Association as yet, as our understanding is that we should only do it after we have received Fire NOC and OC. All these years, the maintenance of the apartments were managed by a few bunch of people, but we lack...

Bailiff eviction

Am the defendant:- The Judgement was passed on 28/6/18 by XI Junior Civil Judge, city civil court case no 188/2015 and my advocated was telling me that it is for correction n did not serve me till 17-9-18 on 19-9-18 the bailiff with around 50 people enter my restaurant and throws everything out on road n vacates the place. After receiving a call from my worker I reached the place in 40 min, I t...

Land acqition

Hi , our land acquired in 1987 , but govt never give conapnsation nor take possession on land. Govt decalared award and then sleep . In 2015 becasue of section 24 of land acquition act, Delhi high court declared acquition has been lapsed. But in the mean time, some part of land has been encroached by mean of buit house in unauthorised colony. Govt is not interested on reacquired the land. ...

Parking allotment is compulsory or not by builder for a flat purchase?

I stay in Pune, purchased a ready to move in flat, directly from builder, registered in Oct 2016. My question is, 1. is it compulsory for the builder to alot/ build/ left parking space for each flat? 2. what is the minimum parking space is to be build/ left out by builder? 3. as I purchased the flat at a later date, after completion, all parking spaces were booked/ allotted, could I demand ...

Delay in possession after paying all the amount mentioned in agreement

I booked a flat on 02 oct 2016 and my loan got approved in Feb 2017. After withdrawing two installments form bank builder has given me third demand letter on 09 Jun 2017 and seeking payment before 24 Jun 2017. Being an NRI customer builder has promised me that he will get the payment from the bank if we provide them signed disbursement letter. For June demand he did not come to us for signature...

Unread Title Clear Notice Publish in Newspaper

Dear Sir / Mam, When I am reading the Newspaper I am feeling surprise that, since several decades same kind of Title Clear notice publish when there was trend of Newspaper and today media is change like Facebook, News Channel etc. so, now in the new generation there are several people who doesn't read Newspaper either every day or even never read. Still there is written in the notice that, i...

Road widening in south ga

I recently purchased my home in cash, back in march. in which there was talks about road widening project may existence. due to the nature of the home being auction off, the state DOT never took advantage of it, all those months it stayed on market. now that i purchased and upgraded and remolded. they have made there appearance about the road widening. with offering me less than what i even pai...

Can a apartment condominium and housing society co-exists in same building?

We have 38 flats in our building. Builder has done Apartment Deed for all flat owners. Later member of apartment registered a "apartment condominium ". After that owner has initiated society formation procedure. Out of 38, 33 members has consent for Society formation. Society has been registered in Maharashtra. Due to personal interests, 5 people have opted out and resigned from Society members...

Partition of my father property (purchased from agriculture income only)

Hi experts, 1. My father is agriculture family, he bought property with the income source of joint family (agriculture only) when we are in schooling 20 year back, we are 4 brothers and 1 sister. we have disputes on the property share. he want to give this property to only two brothers. a) now he has registered that property to two brothers only without my notice. can i get share on this ...

Society Maintainence Charges Implementation time

Hi, Our project is divided into three phase (9 towers) One phase of the project is completed and posession have been given to the residents. However, Dedicated Parking, Park slots, CCTV and Intercom like basic amenities are not given to us with posession. Builder is still working on the same. Builder has obtained partial completion certificate from local authorities already. I am not sure on P...

Car Parking sold by Builder without Deed

I bought an apartment in Oxygen by Urban Tree, Chennai. Builder took 0ne lakh for open car parking space stating that my apartment doesn't get stilt parking. Without much legal knowledge, I accepted and paid the amount. Only after reading supreme court judgement, I came to know that builder cannot sell both open and stilt areas. I sent email demanding refund and also asking builder to stop sell...

How to claim on maternal grandfathers property, if my mother is mentally challenged and Divorced

My maternal grandfather was government employ and died without any will.He has 2 sons and 3 daughters. My mother is mentally sick and lived at father's home with her brother after being separated from my father because of his second marriage . I have fear that my mother's brother will try to take her share or might try to take signs on some agreements. Or try to sell the property without my ack...

Unauthorized/ illegally / encroached Occupied My house property

I have a flat which i gave on rent to a tenant with written and signed contract with him regarding points covering damange, bill payments and 10% increment of the house rent per year. However after 1 year he refused to increase the rent begging us not to that year and we obliged but the same happened next year as well. Now as per the rental agreement we asked him to find some other place and le...

Legal Heir V/s Nominee rights in Maharashtra (Nominee is a family member)

Hello Sir, Kindly suggest me what will be the final judgement will suppose to come of this scenario. Our old property (was Pagdi system) redevelop from Builder and on that time Agreement is made in the name of 2 person. My father Name and his Mother's name(Dadi). My Dadi was expired and my father is the only legal heir left..as per Maharashtra Law when the death of other legal heir the pres...

Refund with interest aftr sale deed execution.

Sir, I booked a flat in Oct,2012 paying 7 lacs. Subsequently in January, 2013 i paid further which amounted to nearly 93%of the total value of the cost. The builder promised possession by December , 2014. But from 2015 onwards he started giving reasons n excuses and has not completed the project .From June, 2017 onwards he started pressuring to take the registration of the flat , unless which h...