Legal questions on Property Law

Question regarding plot encroachment

Hello Sir, I am a NRI residing in the USA. We have a plot in Hyderabad and my father gifted a portion of the plot to my sister on her marriage. The original plot was registered on my father's name and my father expired in 2009. My brother-in-law encroached to our land and constructed 5 floors building. I engaged a licensed surveyor to survey the entire plot, my sister building and remaining...

Seller absconding after taking advance from other party

Hi, I bought a property and i have original sale deed, khata certificate, and EC in my name. Last year somebody filed a case against the seller. This is how events have taken place - Seller takes 25 laks advance from another person, and promises to sell the property. This is recorded with DDs and written agreement on a stamp paper.( this agreement is not registered ) - Seller gives ...

Landlord not returning the deposit

Sir I rented a studio flat on sep 6th 2015 for 11 months period with security deposit of 15000. On 4th February 2016 my water line got cut when we enquired the secretary of the flat we came to know that the owner has not made any water bill since 4 years which is like 13000/-. So TMC had removed the connection. In the agreement it is mentioned that licensee don’t have to pay any water bill. W...

Builder is not giving sale deed document

I purchased a flat in a new building in the year 2007. I didn't had any previous experience or knowledge of properties and its documents. I have shifted to a new apartment so I want to sale the flat I purchased in 2007. Last year one person was interested in purchasing the flat, everything was going well but the bank refused to offer the loan as I didn't had sale deed document. I am followi...

Manifestly fraudulent Will under probate proceeding

A manifestly fraudulent WILL has been submitted for probate more than 3 months after filing of a civil suit for partition of the same property. The unregistered will has been prepared on stamp papers purchased by the beneficiary himself, on a date two days following the stated date of execution of the document. The beneficiary himself was the custodian and had placed the document before DJ C...

OC for SRA saleable building

Hi, I own a flat in a building built under the SRA scheme in Bhandup. This building is a saleable one ( not the one for the slum owners ). Though the expected date of possession was April 2012, the flat was handed over to me ( and others ) by June 2014. The compound wall is completed only on three sides, while on one side there is a dispute with the adjacent chawl. We have been followi...

Settlement deed

Hello,During 2012 my mother-in-law made a settlement deed for the property earned by his husband to his 3 children s ( 1 son & 2 daughters) and at the same time she has taken a single building approval for all the 3 shares. The settlement deed is made in 2 parts . 1. Front portion to son. ( separate). 2. Back side with a passage from front to his both daughters ( Undivided share). With th...

Who is the owner of the land?

Respected Sir, This is Sunny from Mumbai. In the year 2004 we buy an pagdi house from the owner name qadir and we had transfer the names to the bill,electrcity and other bill except water bill. There is a open space bathroom located outside the house which measure around 5 X 6 feet in which there is water tap and water meter is connected,the open space bathroom does not comes under the p...

Family Property

We have a 200sq yrd. property of our forefathers. Where my uncle(Chacha) was living there since many years. Property is divided into two parts 100sq yrds. each one part was build earlier for factory purpose in 90's and another part was build for residential purpose where my uncle is living right now. after the death of our grand mom it was mutually decided to divide the property into 3 parts...

Indemnity bond for unpaid stamp duty and registration on property

Hello, We are planning to buy a flat from a seller. After giving a token amount, and viewing chain of documents for said flat, we realized that Builder sold to a in 1975, a sold to b in 1985, b transfer deed to c in 1990, c sold to d in 1991, d sold to e (seller) in 2011. I(purchaser) will be buying from e (the seller). Out of above 5 transactions for said flat, 1975 & 1985 transaction...

Notice period for vacating a rented property - misinterpreted

Hi community, I live in a rented apartment in Bangalore and am planning to vacate it. I tried calling the point of contact for informing him of the same but his phone number was invalid, after a few days I wrote to him and finally gave him notice of 30 days on 20th April absorbing the loss of the few days I was unable to reach the person. However to my surprise the owner's representative...

Can builder give possession before receiving the completion certi

Dear Sir, I have purchased an apartment in Noida ( Aditya Celebrity Homes , Sector 76 Noida) which was under construction at the time of purchasing. The completion certificate given to the builder by the Noida Authorities in September 2015, where as the builder started giving possession much earlier even without the completion certificate. I have not taken possession at that time due to absenc...

Builder has any right to own rooms in clubhouse

Dear Sir, I've seen a thread on builder owing clubhouse until all the houses are completed and association can utilize services and pay the builder the maintenance charges. The situation , in crisp, that we have in our community is: 1. Builder is the verge of exiting as all construction is complete except swimming pool. 2. its a venture of 130 villas of which 70 are occupied already. 3. Gym and...

Power Of Attorney

I will start with an apology as I may go overboard trying to explain the situation. 1. The owner initially took an amount X for the property. 2. He even did a sale deed towards the advance 3. We found the property has a mortgage in a nationalized bank 4. The deal did not move for a while. 5. In the year 2012 when the bank attached the property the seller pleaded with us and we paid again a...

Way of access for landlocked property

Hi we have a piece of Land in Danapur, Patna, area approx 11.5 kattha(15000 sqft approx) This land is divided between 4 brothers. and this piece of land is surrounded by other land Our land is not near to main road and A builder have bought all land which are small in sizes and which are surrounded by our plot. from main road which is 35-40 ft wider, there is a plot of person A(area: 4000 s...

How to save my land?

Sir/ Ma'm, I gave my paternal share wet land to my elder sister for lease but when i asked her to handover my land back she refused with greediness then i filed suit against to my sister but mean while she sold out my land to some A along with her share and shifted to distant place, and that person A sold out to person B while court trail is on at last by God's grace i got my land back by the...

Refund of booking amount -Shantee Builders

Respected Sir, On 12th Dec'2015, I booked 1 BHK flat on 6th floor (underconstruction) and paid 10% booking amount which Rs. 1,94,250/-. I was told that the registration would happen after a month since the partner was out of town. In the mean time, my band asked me to provide supporting documents in order to take loan hence I provided the same. Later, I came to know from my bank the builder ...

Sons rights in remarried mothers property

Situation: child A born from an earlier marriage. divorce issued, minor child A is in father's custody. mother remarried and had child B from current marriage. child A & father is citizen & resides in India child B & family is citizen & resides in the USA Assume mother has a valid and legal will that was prepared by an attorney / advocate. What right does child A (India citizen &...

Owner's association issues.

Hi, Greetings... I have certain queries pertaining to property law. Let me have your clarifications on these. We stay in Chennai in a flat comprising 84 apartments. 1. In a flat owner's association, can the election officer and assistant election officer be selected from non-owners, but a resident, without any legal backing. 2.Should the election be conducted on a democratic basis, ie. ...

Need legal advice regarding property sale

My grandfather and his two brothers opened a tailoring shop in a partnership business model in Kolkata. each one of them had 6-7 children. before they died each one of them nominated one of their sons to inherit the ownership of the shop. my grandfather nominated my father for the ownership. but since he was a lawyer himself he decided to transfer the ownership in my mom's name to avoid legal c...