Legal questions on Property Law

Mother's property

My mother has 4 children 2 brother's and 2 sisters .My father expired when my elder brother was 5 yrs,myself 3yrs, younger sis 1½yrs and younger brother in mother's womb 8months old. At present in which house we are staying my father had taken on 11 month agreement on rent, unfortunately my father expired within 6 months. My mother took a lot of trouble and struggled hard to take this house and...

What % of the down payment can be forfeited by the builder?

We registered an agreement with our builder from whom we intended to buy a flat worth 47 lakhs. Due to a personal exigency, we decided not to go ahead with the purchase and decided to cancel the agreement. The builder says that the cancellation of the agreement will entitle him to 10% of the agreement value which comes to about 4 lakhs. The clause pertaining to this reads as below: "Provided f...

Cheque dishonoured

I purchased a flat in Mangalore in vellankanni heights in July 2014 with full consideration amount Rs.1400000/- 9Rupees fourteen Lakhs only) under construction, but i done registration and stamp duty. Possession date is December 2015 but from to till his work is dead at project site and he finding a investors for his project. Now, in January 2018 i visit my native place at mangalore and projec...

Tenant not vacating the home we haven't done aggrement

Sir since we were facing financial crisis my father have given our home on rent to Mr.ghadi on heavy deposit of 5 lacs but he didn't made an agreement. Mr.ghadi allowed his brother family to stay there after almost 1.5yrs my father told mr.ghadi that we shall make an agreement but he refused because he was undergoing some medical treatment he told my father to return his 5lacs since he requires...

Bank not leaving possession

State Bank of India was on a premise that is half owned by me and half by my late Aunt. The Bank shifted to a new premise sometime in September 2016. The lease deed of the premise is a joint lease deed with my aunt. I don't have talking terms with my Aunt's family. The lease expired in 2013 and is due since then. The bank agreed to pay increased rent from 2013 sometime in 2015 end. The lease de...

Possible Encroachment of any property

Hi, Am Shakunthala Mishra, a resident of Ghaziabad location. My late father had bought a property under my name in Bachupally Village in Telengana in the year 1990, when I was still a minor of age 10. The plot is in Bachupally area in Hyderabad location (The then Andhra Pradesh). Till 2013, my father was in touch with the broker who sold him the plot. But unfortunately, the broker died in th...

RBI Clarence for mutations of the inheritance properties by the persons of Indian origin( POI)

My maternal Grandfather purchased (2) properties in Kolkata & Midnapore ,Westbengal in the year 1960 & 1957 respectively and died intestate on 13/09/1976 leaving behind 3 Sons & 5 Daughters who are the legal heirs and successors by way of inheritance/succession .Out of the above 3 sons ,one of his son who settled in USA along with his families, predeceased him on 05/12/1979 leaving behind his w...

Threatening about cutting water connection and power - (Bangalore)

I am the owner of a Flat in Bangalore, the building has around 24 flats in it and this is my problem with the association and require some legal advice. Our association has not been maintaining proper accounts and providing the service worth the money. They charge an exorbitant amount of money as maintenance, yet there is no proper security or housekeeping. In the meetings, I tell my concern...

Conveyance deed in favor of Apex body consisting of Land owners only

Hi, I have purchased a flat in a project in Pune consisting of 6 towers. The builder has proposed to form individual tower wise societies and also an apex body made up of original land owners only. In addition he has mentioned that the conveyance deed would be made in favor of the apex body. My queries are: 1. Can builder form individual tower wise societies instead of 1 common society eve...

Service Tax & VAT Rules Clarification

We have Purchase the Flat in Bangalore from one of the reputed Builder , We would like to know about the Service Tax rules (Before the GST implementation) :- Occupancy Certificate applied by Builder in the month of May 2016 and the received the OC in the month of October 2016. We booked the Flat in the Month of 30th June 2016 and paid booking amount. We have performed the Agreement in th...

Bade bete ko uska hissa deke alag karna h

Hamlog 5 bhai aur 1 bahan hai. Total 6. hindu family se belong krte h. sabhi ki shadi ho gai h. Ganw me hamara ghar h aur jamin h. ganw me kewal mera bada bhai aur chhota bhai rahta h.haam tin bhai Aur sister ganw se bahut door gujarat aur kolkata me rahte hain. mere papa v kolkata me hi rahte h. meri mammi 2010 me gujar chuki hain. Mere bade bhaiya ganw ki jamin( 10 biswa jo mammi k nam pe hai...

Property Lar for inherritance.

My mother's sister, one widow handicapped leaving no issue died recently leaving a good nos of property{Cash, jewellery, Fixed Deposits) etc under the custody of her elder brother for safe maintenance.But her elder brother sold jewellery, incurred cash for property purchase, for giving illegal money to some one for his sons employment, constructed two storied building within the short time.Her ...

CC, OC and Association/Society formation

The Apartment status and scenario is as below: 1. Construction in all respect should have been completed in Jun2016 at max. 2. Basic necessity and amenities pending e.g. Permanent water lines, Elevator, Compound Wall, Electricity power backup generator, Swimming pool, Gym, Club house, security. 3. OC and CC not yet issued. 4. 7-8 flat occupied out of 32 flats. Most of the 32 flats are...

Tds on property

I have purchased a flat of value Rs 52,50,000 as per ready reckner rate & agreement. The formal agreement was done in 20th May 2018 with token amount of Rs 10,50,000 in 4 installements. Further i have applied 37 Lakhs of Home loan. Now i paid all remaining amount of builder (4 installements). But i did not cut/ paid TDS to Govt on each installement. But i have kept 52,500 with me for TDS fillin...

Inheritance denied by gift

Dear Lawyer I write in regards to an inheritance which was denied by my brother and my father. The inheritance in question was a property in Hyderabad which was previously owned by my father but without me knowing or anyone (asides from my brother) was gifted to my brother. Doing so disallowed my inheritance as well as my sister inheritance who now doesn't have a home and is solely dependent...

Encroachment Query

My father purchased a small plot measuring 225 sq mts in Goa in 1984. However he didn’t fence the plot. In 2014 the neighbour reconstructed his plot. As per reconstruction rules he needs to leave 3 mts around his plot. However he has left only . 78 mts between his and my plot. In addition to this he has built a septic tank on the northern side of my property measuring 3.5 sq mts. Encroach meant...

Second Hand Flat - Builder Delayed the completion for 05 years - Issues in car parking

I have purchased a flat second hand in Chennai. The construction agreement between my seller was made during 2013 and promised to hand over the project within 10 calendar months. However, the builder has delayed the completion of the project till now, after various round of talks by all the owners of the flats nothing fruit full happen as the builders quoted he is financially not in a position ...

Dad's wills trust and property.

I was being influenced by my relatives and my family member regarding my dad's serious mental ability. My dad is suffering from alzemir (dementia) disease. As from the last 3 years. My elder brother and mother is looking up to dad every activities of daily routine. They are continuously saying problem will recover as soon don't worry. As a younger brother I said many times regarding the treatme...

Query on Common Area in Apartment with independent walls

I am staying in the Ground floor a G+3 storey apartment with independent walls. A beam runs through one of my external walls, below my flat's roof level. The beam is actually integrated with the external wall. External wall thickness is 8-inch and bean thickness is 10-inch, which means 2-inch of beam is visible outside the external wall of my apartment. I would like to know: 1) in an apartmen...

My whole house captured by other family member

Dear sir, I am 66 yrs.female from MIRZAPUR U.P. I am widow and I have no any child when I am going to mother's home for my treatment ,after few months ,my husband's brother's son breaking my home lock and captured my home , when I hear this I am going to my home seen it is true then I am going to police station given application to police,but police will not taking any action on my complaint,th...