Legal questions on Property Law

Brokerage Charges

I rented an apartment last year. I consider the person showing me apartments as the broker. Once my wife and I decided on one, our broker introduced us to a firm that said they handle the properties of the apartment owner, since he resides in Dubai. We signed the rental agreements between the landlord and us (the tenants). We paid our broker one month's rent as brokerage charges. Now that we ne...

How to distribute stocks and mutual funds as per the will?

As per the will, the stocks and any other investments (like Mutual Funds, etc) needs to be divided between 4 beneficiaries (equally, i.e : 25% each). In the event of execution of the will, how will the distribution of this asset be done as per law? Scenario 1 Will all the stocks and bonds and other investments held in the name of the deceased will be liquidated and the proceeds from that be...

To get money back from builder due to non-possession of flat

Hello Sir, I had invested in property in April 2011 in Badlapur near to Railway station As per the registered agreement, the possession was to be given by April 2012. I had taken home loan of 21 lakhs from Bank. I received regular demand draft to pay money to builder as and when the slab work was progressing. But due to some issue of NOC clearance from the Railway authorities - the possession ...

Tenancy issue in Uttar Pradesh

I have a property (this property is on laon and original papers are with bank) in UP which was given on rent to a tenant. Initial unregistered rent agreement for 11 months has happened between the Landlord and the tenant in the year 2003. There after the tenant was out of the country for work and his family was occupying the premises and hence the rent agreement cannot be extended. The tenant w...

Money transferred of a very ill person

My father was died on 20th September 2016 at Uluberia,Howrah.I am only child of my late parent (my mother was died a few years before). In the last few month's my father had been suffering from acute kidney problems ,actually had to dialysis thrice in a week. He was a patient of blood sugar from his middle thirties or early forties.  My late father are 9 brother and sisters . In the last few...

Issues with Private Builder

Hi, We have bought a house from a private builder (builders who build few floors and sold them off) in 2011. The builder built 3 floors in approx 2000 sq ft. and a ground floor as a parking. He kept the entire 1st floor with 4 BHK and a huge drawing room, storage etc for himself, while 2nd and 3rd floors were divided into two 2 BHK flats of 1000 sqft at each floor. So each floor is having 2 ...

Adding mothers name to property card to my father's property

We sold our father's ancestral property located in Kolhapur, Maharashtra. My father passed away in July 2017. The builder gave us token amount in Feb 2017 at the time of sale deed and the final amount was due in Sept 2017, which he dishonoured the cheque. I live in Canada and when I visited india in August 201... I read the sale deed and found out that 10sq mt.. has shown less in the deed. So I...

Eviction of tenant and action regarding threat

We want to evict our tenant as he is causing a lot of personal problems like entering our premise without our permission especially when we take our baths and the women are not clothed (not just a coincidence. Has happened more than 10 times) and he also is a sly person. We also want to pursue with some renovation work in the flat. He is an old man and has been staying there since 2010. His agr...

Issue of my grandfather property

Hello sir, My mother was adopted by her father's uncle, not legally. Her parents are also alive. Her education, and marriage everything was taken care by her adopted parents, they don't have any children. My grandfather has joint land property with his brothers, they shared it that"each one gets 17 cents of land". My grand father built a house in this land. After she got married my grandfather...

Would such property be divided equally among all sons?

Hi, the scenario is father have one son from first wife and two sons from second wife. now son from first wife wants to buy a plot and he asks his father to finance it. father agrees and pays complete amount of plot and plot is registered on son's name. Now son starts building a house on that plot and here as well father helps him and son from first wife and his family lives there. Fathe...

Illegal Land Acquisition By the Town Panchayath

I have a Property in Kushalnagar Town, Coorg District, The property falls on the National Highway Between Mysore and Mangalore. My property dimensions are 25 feet wide by 75 Feet Length as per the Old Form-3, Recently the Government has been issueing a E-Sathu, a new kind of Form-3, when i applied for it I was shocked that the town Panchayath had shaved off 15 feet in Length and given the dimen...

Property on Lake Bed

Hi, My parents own a property of agricultural land (3/4 Acre) in outskirts of Bangalore in a village called Samnahalli, Anekal taluk. Its adjacent (very next property of Lake boundary) to lake bed. Its not under BBMP limits. Recently, I came across know about the rule called as Buffer Zone and would like to know more about this rule. Lots of question as mentioned below going around and crea...

Broker not returning money

Hi I have got a problem and need solution. the matter is, Last month I was planning to shift into a flat and contacted one broker and he showed us flat and we were three and the expenses were individual as they were lending per bed cost as 7500INR plus the security deposit of 2 months rent. He asked for the token amount of 5000INR and I transferred 5000INR on 23rd Sep 2017, The money was deduc...

Partial sale of properties agreed in agreement (unregistered)

We entered into an unregistered agreement to sell two properties (one is owned by my father and brothers, another is owned by my mother. two properties are situated in different location) The buyer registered only one property which belonged to my father and brothers and mentioned that he would buy another property at later date. However, after an year and half he sent us notice asking us to re...

From which date builder can charge Maintenance charge

I have purchased a flat in Pune at ravet. Project is divided into 3 wings out of that he has given possession of wing C almost 1 year & 8 months back. I have purchased flat in July-16. At the time of entering an agreement I have paid Rs. 10000 against a maintenance charge for a year, which should last till august -17. When I moved in no common amenities are being provided by builder. I was the ...

Tenent right in case of more than 60 years old tenant

Hello Sir, Case details in short is as under My Self Hemant (from Vadodara, Gujarat, India) my grand father came to baroda when he is of 10 years since then he took house on rent as present i am of 43 years. House in which we are residing as tenant is not is used at present by us because in 2005 owner of house sold the house to builder and builder done agreement with us for giving new hous...

Transfer Fee to Society in case of Merger of Corporate

In our Society Bank A had 42 flats (individual agreement) out of total 105 flats. They use it as their Staff Quarter. Bank A later on was taken over by Bank B with RBI's approval. Bank B approached us to transfer the said flats in their name. As per By-Laws we demanded Bank B to pay Rs.25,000/- per flat as Transfer fee. Bank B was reluctant to pay the sum saying it was not a sale-purchase agree...

Bought a tractor from a farmer. he deceived me.

Hi, I have purchased a tractor from a farmer in a village in Guntur(Andhra Pradesh state). The vehicle was under finance. So he told me to pay 50% of the amount and take the vehicle, and in a couple of days he would clear the finance amount and give me the vehicle papers to me. I believed the person and paid 1.5L and took the vehicle. Later he is not responding. So after a month, I have put t...

Pressured by grantee into signing over his property

We just found out that my uncle gifted his house to his brother-in-law in an irrevocable form. A few weeks after my uncle was told he had cancer his brother-in-law suggested that he Will his house to him so the government wouldn't take it. I truly believe ever since my uncle found out about his Cancer, his brother-in-law stuck to him like glue just long enough to make himself executor of his ...

Buying a resale prop in Navi Mumbai with CIDCO Transfer pending

Dear Sir, I am planning to buy a resale 2BHK flat in Navi Mumbai area. I see two problems with the property for which I sought your opiinion: 1) As per the owner, the society was formed around 2 years back (the building is 7 years old) but the society is still to issue Share Certificate to members. Could you please tell me what can be the reasons for not issuing share certificates and whether...