Legal questions on Property Law

Penal interest to be paid by developer is being contested

I had filed a case against a developer in 2015 in the consumer court. In Apr. 2017 the Judge passed a resolution that the developer or his rep. must be present in court as no one was coming from the dev. side. a non bailable warrant was issued in Apr.Inspite of that no one came to court. subsequently 2/3rd arrest warrant was issued. I met the DCP crime in August and appraised him of the same a...

Is it possible to appoint receiver for an partitioned property

Dear sir, We have some ancestral houses(around 8) in the city from our great grandfather. The property is still unpartitioned. Some of uncles and cousins are having physical possession of some house, some are sharing same house. Few of them have rebuilt the house in their possession. However every one agrees that property is disputed and objects any construction by others, time to time and ac...

Property issue between me and my father younger sister

Hi, This is not a ancestral property which I am telling you about, self earned property by my grandmother(dads mother). May be 5yrs back my grandmother shared the 15 acres between her, my dad and dads sister, 5 acres each. My grandmother wrote a will stating that till my sister gets married the property which she wrote for dads sister name, it will be in her name and while my sister getting ...

Holding charges

I booked a flat with TATA Reality at Nagpur and the agreement to sell was made in 2013, while the sale deed was executed only in July 2015. I paid all the installments in time except the last one due at the time of possession. The possession was offered to me in November 2016.I sued TATA reality for not providing me the exact product, they promised for.Now the judge of the consumer forum sugges...

Issue between rental family and the landlord

Hello Sir/Madam My name is Nimisha Sureka. We are a family of 6 members residing in a rental flat in Jaipur. We took the flat in April'17 and living till now. We have an agreement of 11 months with landlord. We pay our rent in advance (in cash) in the first week of every month. Now this flat has been sold to another person. Ex-landlord asked to vacant the flat as soon as possible. We told him,...

Property and/or monetary transactions

I am a Brahmin (Hindu) and a resident of Bihar, presently I live in Delhi with my family. My father had a history of taking Alcohol. Recently he had brain hemorrhage and he underwent a brain surgery. He is fine now (do I also need a medical certificate that he is mentally fit, which he is) but my family and I suspect that it is quite possible that someone (my real/cousin uncles or anyone else f...

Know the Rules of Co-operative Housing Society ?

Hello, I am a resident of Kalyan City, in Thane District, I am residing from 9 years in our Co-operative housing society and paying all the charges like maintenance,water, services & Sinking fund charges etc. on time to time. I want to know that if i wish to go to terrace (terrace is common for all not personal) for walking or meditation etc. than i have to ask for terrace key from secretary o...

Whose resposibility is it to get the Police verification done?

I am going to rent a flat in Mumbai from Sept 2017 on-wards. I am going to be the Licensee. The flat owner is putting a clause in the agreement as follows. I wanted to know whose responsibility is it to get the police verification of the tenant's done? ----------"The Licensee will make available report of Police Verification within thirty days of agreement to the Licensor; costs, fees, charge...

Encroachment of Common Areas by Society Members

Hello, I am a member of a Co-Op Hsg. Society ( Commercial Building ), some of the members of the Society ( Managing Committee Member ) have illegaly occupied common passage areas of the Society. I have written various complaint letters to the society pointing out the irregularities and requesting them to take action against the erring members. Unfortunately the chairman and the secretary are on...

Can I cancel an unregistered sale agreement of a land?

We had a disputed land which was under a court case. In 2009, we entered into an agreement on stamp paper with a buyer with the following conditions. (1)We accepted to receive the amount of Rs. 100,000 from the buyer. (2)A rate was decided to sell the land to the buyer at a fixed rate once the property comes on our name, if we win the case. (3)The agreement was made on a stamp paper and...

Sale of Property by Heirship

I had bought a property in Kerala in 2007 from Seller A and got the mutation done and held since then. Seller A had mutation done on his name before the sale and had the land tax in place for my registration to be successful. Seller A had purchased this property from a lady (Seller B), her 2 son and her 1 daughter (All 3 Majors then) few months prior to my sale registration in 2007. This was a...

Do legal heirs are responsible to pay debts of deceased?

Hi, My father died in October 2013, he had taken some loan from a private bank in year 2008. We didn't inherit anything from him. The house in which we are living is registered on my mother's name even before his death. Now in these three years bank send notice to our old house and they didn't know about my father's death. Now someone told them the address of our current house, so they sent a ...

Advice on flat purchage

Hello Sir/Madam, There is a term "tenantable conditions" in possession letter of existing owner's by builder is not clear. please help to let me know the impact of said term & guide me accordingly. Below are the detail of letter. Dear Sir/Madam, We are pleased today to hand over the keys of your new Flat. We know it is the happiest moment of your life. After receipt of full and final am...

Illegal sale of agricultural land

Sir myself Vasantalata Ganjigatti, aged 57 years from Dharwad. I have a land of 1.20 acres in Mishrikoti village. It is a joint ancestral land owned by my father-in-law along with his three brothers. After the death of my father-in-law in 1988 it was transferred to my mother-in-law, then after her death to my husband in 1990. My husband died in 2001 due to kidney failure, so we were unable to l...

Kindly Guide me Please!!

My Grand father had three sons. He planned to purchase a land in the name of My grand mother, so my father gave some amount of money for financial help as well, they purchased and constructed house and he died in 1981. Later My Uncle (the second son) became too close to my grandmother and they asked my father to leave the home, I was 6 months, my parents left the home and we lived separately ...

Maintenance charges

Dear Sir/Madam, I have got possession in Jan-17 for my flat, while purchasing flat I have paid 2 years maintenance charges for my flat, Now builder have handed over society in June-17 (As his tenure for 2 year to maintain society over which was from June-15 to May-17) with a sheet showing balance of maintenance Amount or Amount payable by each flat as on 01.06.2017 as actual expenses(3.28/Sq.f...

Land or flat acquisition?

The land is my grandfathers father land. Its ancestral land, my grandfather had two wives. the first wife had one daughter and three sons and the second wife has one son and a daughter.its a slate roof after my grandfather died, my father his first brother and second wife brother build the house with a loan of two floors. Most to all of the money came from my father and his own brother and for ...

Delay in Possession of flat along with price increase.

I purchased a flat of 916 sq ft (saleable) in Mumbai in November 2009 @ rate of Rs. 4000 / sq ft and possession date for the same was December 2012 (Carpet Area: 545) In December 2012 builder placed a meeting with all the members and said unfortunately he cannot give possession and he needs another 1 year. In July 2013 Builder requested all the members that everyone needs to pay premium c...

Dividing 12 cent Property

After my mother's death my Father and Sister signed a legal Stamp paper document in front of Sub-Registrar without any force or pressure that they are agreed to transfer on my name (Son) the Authority to look after the property or Sale and property tax is also paid on my name(Son). Now below are the questions: 1) Sister gave a complaint to local police station that i am not giving her share ev...

Discharge/Release Deed of Deposit to Title Deed required?

Hi, We are planning to purchase a vacant property in a layout in Bangalore.The said property was allotted by the society to its member in 1995 via a sale deed. This is a very clean and clear document. Later in Jan 2011, the member through a gift deed transferred it to his daughter (Pooja). Immediately in the very next month,i.e; Feb 2011, Pooja took a loan of 30 lakhs from a private financia...