Legal questions on Property Law

Payment process for buying a resale plan.

I want to buy a resale flat in Kolkata and owner of that flat stay in Bangalore. For payment process, i share the following plan with seller: 1. We will pay 5000 as token money at the time of document collection. Then i will get the searching/scrutiny done in next 1 week. 2. On a successful scrutiny, we will get sales agreement done with 1% or 2% of property value(50 Lk) as per standards . ...

Will & sale-deed of property without partition dees

My father-in-law & his three cousin brothers purchased land jointly by one sale-dded of of seller for residence purpose in 1945 in ahmadabad (gujarat)..they constructed four equal tenements and took respective possessions of one each. got mutation by entries in city survey record in around 1983. my uncle-in-law sold his property in 1984 by registered document. my father-in-law destroyed his ten...

Can society members & local police question a sister staying in house owned by her brother?

I am a 40 year old married woman. My family stays in a house owned by my brother who resides outside India. Since he stays outside India. We started living in his house to accompany our mother. My mother passed away few years back. Since then the society members have been pestering us to submit a copy of registration saying that we are a tenat in my own brother's house. Also the want a police v...

Can Saledeed be cancelled/revoked or manipulated

Hallo, I have got a gift deed from my father in the year 2007, and till then the property was on fathers name. Since 2007 I was holding the property through that giftdeed and rents on the property were handled by late mother (expired in 2011) and my father. I dint had to interfere. Once my mother expired, my father is behind the property and he wanted to revoke the giftdeed. I consulted a lawye...

When should Builder pay the handover delay amount as per the agreement clause

In the purchase agreement of my flat, there was a clause that builder would pay certain penalty if there is delay beyond the grace period. There were delays by the Builder beyond the grace period. He has accepted the delay. Eventually the project completed and Builder sent a note for offer for possession with a final payment schedule and registration. The Delay was 1years beyond the grace perio...

Provision Under Pagdi Tenancy Law

Hello, We are a secular family with parents and 4 brothers. My Grand Father taken a shop in as tenant in the year 1982, and since then he have been doing his business in that shop. The shop has been rented out to us under Pagdi system. The shop agreement was on my grand father’s name, and after his demise, the landlord is saying to make fresh agreement with them as he is saying that pa...

Time taken to complete partition of ancestral property

Hello, We had filed a case in high court to get our rightful share of ancestral property. This property belongs to my great grand father which is undivided till now due to this pending case. There are 8 siblings (4 sons and 4 daughters) fighting for their portion of property. 4 daughters want equal share but the sons want to retain the property without giving us any share (or very small a...

Buying resale flat in Kanpur

I am in process of buying a resale flat. This flat is not registered and the seller is an investor in this case. The registry of the said flat will be done between builder and me. There is a broker in between. Now my query: 1. The seller wants agreement to sell. If the flat is not registered in his name, how can he do agreement to sell. 2. As per broker, after agreement to sell, sell...

Can I buy a Flat from a coowner while partition deed is not complete.

Hi, there are four brothers who have received 40 Flats in total after an agreement with the builder. The property is ready to move now. I am planning to buy a flat from one of the four brothers (say PersonA). He mentioned that the partition deed is not yet complete as one of his brothers has an issue dividing the number of flats amongst them. 1. The brother whom I am dealing with made this p...

How can we register property after 11 years

Respected Sir, My in laws are staying in Andheri their building was redeveloped and they had received possession 11 years ago.During that time they received a copy of development agreement and possession letter and agreement which is not registered(we came to know now.).while they where given possession committee said all papers are clear and no formality is pending .every member have received...

NRI legal heir Signature on bank affidavits for closure of deceased deposit accounts

Respected Sir/Madam, My father died recently and myself, my mother and my sister are the legal heirs. I have got the death certificates and legal heir certificates as well. My sister is an NRI working in USA. There a a couple of bank accounts of my father without a nominee and the banks are requesting for a NOC letter and Disclaimer (On stamp paper/green sheet) signed by myself and my si...

Resale flat by 2 ND owner buy flat by irrevocable power of attorney registered by paying stamp duty

I am willing to buy resale flat.the 2nd owner buy flat from 1st owner.the owner give irrevocable power of attorney to 2nd owner and 2nd owner done registration in register office by paying stamp duty.1st owner buy flat 1996.2nd owner buy flat 2001 but he register it in 2005 .when we ask 2nd owner he is saying society was not form during 2001 and owner gives irrevocable power of attorney for all...

Compensation for delay in possession

Hello, I did registered agreement with builder in Aug 2013. IN agreement it was written that 30 months as final possession date with possibility to extend for 6 more months. But even until March 2018 I did not get the possession of flat. Reason for delays: 1. Green Court stay order (Because Builder did not get right permissions from Green court before building). But later he got per...

Parking allotment.

Dear sir,i am in ratnagiri district maharashtra.in our socaity 3 buidings A,B,C are there with 30 flats.builder not constructed B and C building with parking space he says all 3 buidings will park vehicle in A buiding while there is only space of 6 to 7cars adjusted.B and C buiding flat owners park there vehicle in our A building.is it right they can park there vehicles in our A building parkin...

Land Acqusition Collector

This is for a case study concerning LAC act 1894. Please dont use the new LARR 2013 now applicable. Anand had sold Khasra No. 974, 975 and 976 in 1958. A reference was moved u/s 30 of Land Acquisition Act in 1960 and the President Tribunal, Land Acquisition announced award for khasra no. 974, 975. Collector report howevr further states that Anand had area awarded in a separate decree in Kh...

Rights of legal heirs in property

Our grandfather owned a room in a pagadi system chawl. he died in 1956 leaving behind him his son, our father and 3 daughters. the rent receipt was in our grandfather's name which our father did not get transferred to his name till his date in 1973. we are all 5 brothers and one sister. however in april 2008 remaining 3 brothers only and not our sister made an affidavit stating that as a family...

Unregistered Property settlement and sale deed within Family.

1) My two uncles after filing a police complain on me in Dec 2003 made my father signing a sale and partition deed where mere 1.5 lacs given ( said to be ) to my father to sale right of our ancestral house along with land beneath house. My Father was bed ridden since 1999. 2) They wrote a deed on 100 Rs stamp paper with signatories from one member of extended family member and one cousin broth...

Solution for Demarcation

My father has a land, after his sudden demise we were planning to build a house in our property. Before setting wall to the boundary I called each and every party from the 4sides of my property to come and check when my surveyor would come and measure the land and if oppose is there we would work on it by calling other surveyor. Everybody party came except for one side. Whenever I used to ca...

Sister right

Hello sir ..Meri family middle class hai ma bap simple school teacher or ..mai contract job me hu jo har sal renew hota hai to job security hoti hai..meri bas 1 bahan hai jisne love marriage ki usse bhi arrange marriage jsa mabap ne hasiyat se bad ke kia 13lakh kharch karke shaadi hui bhhut hi jayada bde ghr ki bahu hai sth me husband ka bhi central job hai ,apna flat gaadi bnglow kids fully se...

Builder is not providing GST rebate under PMAY as per latest rule change on 25.01.2018

I have purchased a property in Pune , i have booked property on 1st Jan 2018 with a booking amount of 2 lacs+ 12% GST, In last GST council meeting it has been revised that if buyer is eligible to get benefits of PMAY , revised rate of GST applicable would be 8% & not 12%. When i asked by builder he said they didn't get any circular about this. on 9th of Feb 2018 our agreement of sale has been d...