Legal questions on Property Law

Land litigation

Hello Everyone, CASE STUDY - I have one acre of land which is facing to the road horizontally and the one who is at the back of my property is trying to Acquire the half of my horizontal property and trying to demonstrate that I have one acre of vertical property. The problem here is the whole land of both of us is on same survey number and seller is one. However, I am the first buyer from t...

Leave & License Agreement

Dear Sir/Maam, 1. I entered into a Registered Leave & Licence agreement on June 4, 2017 with a Private Limited Company in Vai Mumbai for 11 months for their staff accommodation in my Flat, Vashi, Navi Mumbai. 2. On April 21, 2018 I asked the authorized person by the company in the agreement, if they were interested in renewing the agreement on phone and also on mail. a. On May 1, 2018, t...

Unable to sale my flat due to heavy encroachments by the builder and his nephew

I purchased 1 BHK flat on top floor of a four storied building in Ulwe, Navi Mumbai some five years ago. All the papers such as completion certificate and OC (dated Oct 2013) were given to me and I started residing there in the same month of April 2014 after builder provided me possession letter. Then I was the only resident (for nearly one year) in that entire building of 17 flats. That time t...

Pagdi home sale of property

My mom passed away 2 years back. Earlier my younger sister was staying with mother, however, I used to take care of most of her expenses and visit her every weekend. When the expenses being unbearable, my sister ran away and stayed separately. I then had to manage my mom with 2 maids as my mom was dependent on aid for her day to day activities. My mom survived for a year or so and then passed a...

Widow Daughter in law questioning will

My brother was staying in native with his wife for 10 years. He died in an accident. I moved my brothers family(wife and 2 children) to City with the intention of giving good education to his children. its been 10 years now. My brothers kids are doing graduation now and I have been paying their college fees. My father has made a registered will to his self acquired properties. According to WILL...

Rectification Deed

Hi All, My father purchased 4 acres of land from a person named Mahesh. In 2010, Seller acquired 2 acres in survey number 140/A1 with his nick name Chakali Mahesh. (Surname based on his occupation) In 2013, Seller acquired another 2 acres in survey number 140/A2 with his original name Pulla Mahesh. (Original surname) My father out of less experience executed a single sale deed which m...

Change of construction plan

Dear sir, I have booked a flat in Kochi in 2015 and close to 60% of the payment is made by me, while the construction is completed only close to 40%. The actual date of completion as per the agreement of sale is October 2018 with a grace period of 6 months. The issue is the builder now proposes key changes to the original plan, while the completion of the project within the date as per agree...

Buy litigated property

There's a building with land measuring 1614sq ft. its a 3 storeyed building. this building was entitled to mr.A during 1960s. Mr. A had 2 sons and 5 daughters (all daughters now married and independently settled). Mr. A gifted this building with land to his two sons Mr. X and Mr. Y . on the ground floor I am a tenant encumbering area of 350 sq.ft for my office use. Mr. Y was my landlord and t...

Which scheme is applicable for tenants on lease on collectors land

We have a lease of 30 years under the world bank scheme on Collectors land. We were 130 Tenants which increased to 137 best known to the Managing Committee. We have our property passbook where we pay our lease amount to the Authority. We hold share certificates as well. We have a 10X16 Sq Ft house each. Our Managing Committee is holding responsibility since past 20 years. Same people & the sa...

How to get the house from builder?

3 yrs ago we bought a duplex from a builder. He said to hand it over in 18 month but he even didn't started the project. After 18 month of shouting he finally began the project but after little start few people holding weapons came and stopped the working. Builder lied to us that he has some money to give them and nothing more. But later it became more frequent. We then came to know that the pr...

Nhai land acquisition

Dear sir/madam I am running a Dhaba over nh91 (aligarh to kanpur). My residence is situated over Dhaba. Now NHAI authorities are acquiring partial area of building and land. But the structure of building is something like that if the first pillor of building is getting affected then we will have to remove the whole structure. And now the problem is that building exists since 1980 but they are ...

Sale of undivided share in property while partition suit in court

Hi, I have a property in Greater Kailash area in South Delhi. It is a parental property and the sale deed is in my grandfathers name. later the property was divided equally between my father and my chacha. It is a 208 sq. yd. property which is now divided in the following manner: Ground Floor - Chacha First Floor - With us 2nd & 3rd Floor - vertical partition (Left portion chacha/ Right port...

After sale deed Came to know Single Plot have 2 survey number.How to Correct it now?

Dear sir, I have purchased a land in Dakshina Kannada District. Land Conversion ,9/11 account is also done. Land area is 5.5 cents. 3 months back sale deed is also registered. Now when we tried to re plot came to know that sketch given by surveyor is wrong. physically Land exists,only sketch drawing is problem. Physically the purchased land is divided into two hissa with suvey number for examp...

How Pvt. Ltd. Company can purchase the Agricultural Land in Maharashtra

One Pvt. Ltd. Company has purchased the the Agricultural Land in Maharashtra from land owners by a Registered Sale Deed and no previous permission has been obtained before buying the said lands. By that Sale Deed the Talathi has Mutated the name of Pvt. Ltd. Company in the Ownership Column and the remark of "84C Applicable" in other right column of the 7/12 extracts. As we want to purchase t...

Daughter Right in property of Parent

My mother-in-law had constructed a house on his father's land in year 2000 without Transffering ownership of plot. Her brother had taken Rs 3 lakh debt from her and he give her assurance that he will not return money and permit my mother-in-law to build house on the plot. Instead of plot registration on mother-in-law name, he give a written stamp to give the ownership right of plot to her. ...

Tenant has not given the rent for 3 months now and not vacating the premises after given the time.

Tenant did not paid the rent for 3 months and are very agressive type and the tenure of the agreement has also got over and when asked for the eviction they said they will not evict the premises and told us do whatever you want so first I have asked for the police help they then asked to come for the hearing from both sides and as a solution police told that give them time and make a new 6 mont...

Isuue with a Commercial vehicle (Trally Auto)

Hi, I've an issue with a commercial auto trally in residential area. Being in a limited parking space residential locality, we as the owners of the house had to park our car outside the house in comfortable manner for the traffic to move as we use the vehicle occasionally. The Auto Trally person who is tennent is creating a daily issue to remove the vehicle from that place as he wanted to p...

Cancellation of Registered Lease Agreement

Hi, We have rented out 4th floor of our commercial property (location : Bangalore) to a client under a registered lease agreement. The agreement period was 33 months but the tenant vacated in 15 months. The tenant gave a proper 3 months notice prior vacating. Following are mentioned in the section "Termination of the Agreement" 11.1 The Lease shall be terminable under all or any of the fo...

Delay in Flat payment

Hi, I have booked a 2bhk flat of 42.41k. while booking I only paid booking amount 50k. I wanted a ready possession flat but since my own contribution was in FD and it was getting matured in June so I booked this flat as the executive told me that it will be ready by July. He didn't give in written because he was saying due to new government rule, we will be keeping one month buffer so in ag...

I have dakhil of land in register II but not sale deed

My aunty was an issue less lady, her husband abandoned her. At the time they were together a land of 6 acres was bought by her husband in her name and in same plot he bought 6 acres for himself. After 10 years , the demand of entire 12 acres came in the name of my aunty. After some.years her husband drove her out from his house and had another wife. As my aunty had been driven out she couldn't ...