Legal questions on Property Law

Property Partition Between Brothers

We are 6 brothers and 3 sisters, I was staying out of state for family income with my wife and son and I was the only earning person until 2003. After my father's death in 2001 my 4 brothers had constructed their house in front of my father's house and my constructed house is above my father's house since I was the only earning person in that house so my father's asked me to build my house abov...

Builder demanding addtional amount

Hi, I had purchased flat in aug 2015 in Panvel- Navi Mumbai . it was registered around sept 2015 . As per the demand I had paid all 95% of flat value. Since builder had not mentioned any possession date in flat he delayed the project. Now the project is registered with rera and possession date was in first week of May 2018 which is already passed Builder had send me demand letter ...

Sale of 50% share in old property

Q. An undivided property of 2 storied building on a 2 katha land purchased by two near relatives, uncle A & nephew B in 1950 in Kolkata. Both of them expired . Municipality taxes are regularly paid by descendents of A & B on receipt of Municipality bill in the name of 'Estate of A & B'.It is presumed A & B was 50: 50 owner as this was not expressed in purchase deed. Therefore descen...

Ancestral land - tax paid by another person

My grandfather had a property(passed away in 1978) which he had owned and my father was not aware of it. We have the original documents with us that we own the land with the old survey number. We somehow got a guy from the village office who was ready to locate the land for us and he got us the new survey number as a re-survey had taken place in 1994. We got the re survey number along with t...

Rights of a widow

Sir, I am a 20 years old man.I have an elder brother. My mother is a widow.My father died 8 years before and since than my grandfather has exempted my mother from any financial assistance.Regarding the dispute we went for arbitration often. But my grandfather doesn't obey the decision of the arbitrators.My maternal grandparents are looking to my mother's need past these years.Due to his AGE t...

Inheritance of property and further transfer

MY mother in law being the only sibling inherited landed property in Kerala from her father . She has four daughters -my wife being the second. My mother in law lives with her youngest daughter and husband. We are away and came to know that she has transferred a major chunk of her property to the youngest daughter. Her husband , out on bail, on charges of homicide and wild life offences etc has...

Security deposit and electricity bill

I am student and here I rented a PG in Karol Bagh New Delhi. As we had talk with owner that I'm physically unfit I will really need ice pack twice a day and can't move for search of food for longer distances this is what I had mentioned in my conversation with landlord multiple times I also said that if you will not install the refrigerator than I have to leave the house... During our conve...

Family Settlement Suit

Mr. Z wrote a registered document of partition for partition of his estate among his Children A, B and C in 1949 stating that all of his children will have equal right in his property. In 1999 Mr. A , heirs of B and C signed a family settlement of partition for further identification that which part of the property will be shared by them from the said estate. This settlement was written on 10 R...

Road to my home

In front of my house there is one small pubic road ,both ends of this road is connecting to two main roads.Actually i cannot use any 4 four wheeler or any heavy vehicle along that road.because it is very small congested road can only travel through two wheelers on it.But 2-3 times i tried to drive car though it,but so many scratches and other damages happens at all these times to my car.My all ...

Terrace shed

I am resident of PCMC and have put a shed on my terrace double height terrace) because of the following reasons- 1. Many times there is food and mainly water falling from the top flats especially in the dry balcony where the washing machine also has been kept. I have to completely keep my washing machine covered with plastic sheets all the time to avoid serious damage. I have spoken to the top ...

Home loan fully paid on under construction property

Dear Sir, I bought a duplex house in 2014 Dec, they only did the slab work so far and bank has released the 90% loan without any structure (ADF -advance disbursement loan by the banl Tata capital) on Plot against the construction agreement. i am paying the EMI from starting day onwards. if i stop the EMI what action bank will take? 1) loan provided against the construction agreement, there ...

Land ownership issue

Dear sir, I bought a piece of land in Kerala in 2014 and constructed a house. I purchased this land from Mr. X, and Mr. X bought this land from Mrs Y. Mrs Y is sister of Mr. Z. Now my issue is, two days before receiver has informed us not to transfer this property to anyone as it is in dispute. Reason for this dispute is Mr. Z was running a private chit and he became bankrupt in 2008, and th...

Boundary Wall Permission from Gram Panchayath

I had applied for a boundary wall permission from Gram Panchayath on 2013,they informed me through a letter stated that Panchayath Committee decided to resurvey the land/road width which is passing in front of my land (due to complaint received from few neighbors), and they added in the letter that they had already requested to Addor Taluk Addl Thahasildar for the resurvey and panchayath paid t...

Tennent not vacating the house

We rented our home to a tennent on July 1, 2017. The tennent got a rent agreement drafted for 24 months and convinced my parents at the time that it is just a formality - he will vacate the house in 11 months if need be. Since he was referred by a friend, my parents did not mind signing the agreement. Now, the situation has changed a bit and my parents want to go back to that home and live ...

Partition of huf

There is a father's HUF which has to be partitioned. Father had three children's. Father had expired long back and his only son was the karta of HUF. In the book of accounts as on 31.03.2018, HUF has given loans to members. HUF also has few investments, bank balance and some cash in hand. My queries are as follows: 1) Whether the HUF consists of only father's three children or their lineal des...

Hsg Coop Soc in Mumbai to charge flat owner Rs 20000/- besides the non occupancy charges.

Our Housing Cooperative Society has recently decided in an AGM to charge the members who have leased their flat Rs 20000/- per year even when they are charged the monthly non occupancy charges in their bill. Following is the extract of the relevant part of the minutes. quote To fix the policies in respect of flat given on leave and license basis : Irrespective of the legal formalities ...

If builder defaults on payment of refund money after cancellation of an under construction apartment

Hi, Background - I wanted to go for transfer of allocated unit in an under construction complex. Say from unit A to Unit B. Unit A was allocated and sales agreement also executed with the help of SBI home loan. Builder and Bank both agreed for the transfer of unit from A to B. Builder allocated me Unit B but sales agreement was yet to be done. During this period, bank evaluated the price of uni...

Flat Registry

In 2012,we Chakraborty family gave our 5 kathas of land to a promoter who promised to promote a g+3 building and also promised to give 3 flats to our family and a covered garage or shop within 2 years.But according to the promoter due to some obvious reasons that plan is not successfully passed and he decided to promote a normal 3 floored building and to give the said properties to us.According...

Gift deed through general power of attorney

Three parties A=Father B=Mother C=Son C gives A general power of attorney without stating tenure of validity and is living abroad. POA has been registered. POA has clause that says quote " To sell, gift,exchange, surrender, issue or dispose of my said property and to transfer, release any mortgage or also to enforce any powers of sale or others under any such mortgaged or charges...

Common drainage from my property.

Hello There, We own a road touch agriculture Land property. There are several private lands A, B, C, D, E and all beside the road as shown in grapical representation below. Our land is shown by B. Drainage water coming from village during monsoon used to pass from those vacant areas ABCDE which Over the time, other land owners filled with Soil to bring height close to road. And land B was t...