Legal questions on Property Law

Validity of property sale agreement, its cancellation and refund of advance

Respected advocates, I had entered into an agreement to buy a property and this agreement was NOT registered and it has a time essence clause of 3 months. I was unable to buy the property as I was unable to arrange the funds because of unforeseen family partition and issues, hence I notified the seller of the same and he orally told take some more time. After another 3 months I was sure th...

Question on House registration in Hyderabad

Hello, Recently, my father has expired and he has two sons. His only two house properties has to be divided amount themselves. Both agreed and decided to take the desired house. One house has proper documents and it got registered to 2nd son's name. Other house is currently on notary and it has transferred to 1st son by both brother and mother. Now, 1st son, wants to collapse the house co...

Deposit not returned by the owner

We rented a flat in SEP-2017 with 14k as rent and 40k as deposit. In around FEB or MAR-2018, a construction site for flats was set up right next to our house...Our house was completely darkened as they put tarpolene sheets and there was continuous sounds due to the construction. There was cement everywhere and i started having breathing and health issues due to that. We decided to shift and sta...

Pre-possession demand letter

I purchased a flat through a construction link plan. As per the plan, I will have to pay last 3 percent of total amount on the possession of the property. The builder has issued a pre-possession letter and demanded final payment as per the construction link plan. By visiting the site, I don't find the progress satisfactory as there is still a lot of work to be done. The builder has already dela...

Leasing a property for 9+3 Years

Hi I am Sushant from Odisha. I had a Roofed property of 4000 sqft at a rural belt of Odisha (Not under Municipality/ NAC ). One of Shopping Mall company is asking a single lease of my 4000 sqft roofed property for 9+3 Years. Should I lease them directly for 9+3 Years in a single Lease agreement ? And how can I protect my rights ? Please let me know the dos & don't while finalizing the lease ag...

Authorized floor construction in building

My apartment is approved by Gram Panchyat (Telangana), for G + 2 floors construction. My flat is in Ground floor purchased in 2018 FEB. There is no parking assigned to me and the person who sold me the flat told that there are 2 extra car parking available with the 2nd floor Flat owners and later on you can buy with him. Now the issue is: though the building is approved for G+2 from Gram Pany...

Vacating the owner of my neighbouring flat from my flat

I own a flat in Bhopal. I was employed in a nationalized bank in South India. Owner of my neighbouring flat contacted me through phone and wanted to occupy my flat for few months to renovate/repair his flat. I agreed and allowed him on payment of rent, electricity, water charges and society charges for few months, asking him to deposit the rent in my account. No rent agreement was made as it wa...

Heirs of previous owner claim ownership to agricultural land after three successive transfers

Person A (male) sold an agricultural land to person B in Year 2000. The sale deed was duly registered. B sold the same land 6 months after (i.e. in Yr 2000 itself) to four persons C,D,E and F. The sale deed was duly registered. Persons C,D,E and F sold the same land to person G in year 2005. Again, the sale deed was duly registered. Later on, the land was acquired (compulsory acquisition) by th...

Understand the hidden meaning of a clause in residential property agreement

Below is the clause mentioned in the agreement "The Promoter shall give possession of the said Apartment to the Allottee/s on or before. 30November-2019 The Promoter also confirms that it will complete the project / phase relating to completion of Plot C on or before 28-February-2021. If the Promoter fails or neglects to give possession of the Apartment to the Allottee/s on account of reaso...

Rules and regulations

We live in an apartment of 4 floors and there is no rules regarding the timings of kids playing. The association didn't mention any specific timing for the kids to play. If they are playing in morning we have no problem ..If they are playing in evening we have no problem ( in corridors common passage area next to our 2 main rooms ) but playing shouting screaming at 10 or 11 in night is not acce...

Advance Paid but Agreement of Sale not siged yet

We invested in a property in Hyderabad by paying the token money against which we received a receipt with no revenue stamp. We were asked to pay the first installment within 2-3 months of token deposit and was informed that agreement of sale will be signed at that time. First installment was also paid within due time and against this also we received a receipt without revenue stamp. All the tra...

Ownership of plants in common areas in APARTMENT in chennai

A person living in third floor of apartment had removed certain plants in common area and kept it in their home and they claim the following, The entire land area around the building belong to ALL THE 60 OWNERS as undivided share of land and the plants and trees grown on the same belong to all 60 members and NO INDIVIDUAL FLAT OWNER HAS THE RIGHT TO CLAIM ABSOLUTE OWNERSHIP irrespective of ...

Right of son in father property which purchased by combine family income n by selling ancestral pro.

सर मैं नालंदा जिला का निवासी हूँ. मेरे दादा जी २ भाई थे. वो करीब १९८० में अपने हिस्से का सम्पति बेच कर नवादा जिला में जा कर बहुत सारी जमीन खरीद लिए थे और उसके बाद हमेशा कुछ न कुछ खरीदते रहे. मेरे दादा जी के भाई का कोई संतान नहीं था जिसके चलते मेरे पिता जी को वो नालंदा मे ही रहते थे और हमलोग अभी भी यही रहते है. नवादा मे २ चाचाजी रहते है. नवादा मे क्रीज २ एकर जमीं मेरे पिता जी के नाम से खरीदा गया...

Who should bear the expense for seepage issues in a flat

Sir Good evening! I stay in Mumbai (Kandivali West) in a co-op society on the 2nd floor since last 8 years. The house owner staying below my flat has been complaining to me about some bathroom seepage issue, which is dampening his ceiling walls, since last 5 years. On his complaint i has called a plumber and asked to look into my bathroom for any possible leakage. He did some waterproofing w...

What is impact of not having wet land conversion certificate?

I have bought a flat 6 years ago in Nayabad , Kolkata. The building was a joint venture between a promoter and a land owner. The property has legally sanctioned plan and the flat also was registered under my name. But till now mutation and completion certificate is pending . Recently Corporation has sent out a notice saying that the building is built on land type bil ( small wet land) and they ...

Plot Sale Deed - Cheque bounce

Dear Sir/Madam, I have purchased plot in gated community from a developer by paying amount on various dates through online and cheque payments. As I did not have enough money to fulfill the 20% of advance, developer has asked me to issue post dated cheque so that the registration can be done because rest of the money is through loan which is already approved by then. I have issued a post ...

Is OC required for flat registration? Who should pay for OC, builder or owner?

Hello Sir, Madam, I just want you clarify certain things based on our experience in the new apartment. Builder is asking bribe of RS.40000 for OC and Khata(A) transfer, we all(80 resident) made our flat registration (Shivaji nagar sub-registrar office, that time also they took bribe of Rs. 14K - 18K from resident) prior to this as recommended by builder and availed Loan from National bank...

Parking allotment

Dear Sir, we had booked an apartment in 13th floor in a RERA registered property . Initially the property was 11 floor sanctioned but later builder got permission for of construction for further more 3 floors total of 14 floors. There are set of 14 floors in each building namely A, B, C, D. ( phase 1 ). Builder has obtained Completion certificate. As per builder he extended the storey of buildi...

Loan

Hello, I have received a loan offer from a french company that for me seems a bit not very legit. it is for 5000 euros and the repayment is for 36 months for 2% interest rate. Can you have a look and advise ? Please copy and paste the link in the search bar to open the attachment(the loan agreement sent to me). this is the only way i can show the aggreement sent to me. many thanks if you wi...

Succession Certificate

Hi respected Advocates and thank you for taking this up, in your precious time. My father expired on April, 2017 leaving no such big properties or succession. The only small possessions were this Bank Account Balance (in which, my mom is nominee already), a couple of Fixed Deposits attached with the same Bank Account (having nominee in each F.D) and a couple of shares which in total amounts to...