Legal questions on Property Law

Schedule page

I am trying to refinance my existing home with a new lender. I am 2nd owner of the property & my agreement with the 1st owner is clear. The legal team of new lender has raised a query about transaction between the builder & the 1st owner because in the Schedule page of the agreement property address is not mentioned. Property address is mentioned along with a floor plan as a separate page and t...

Land dispute with relative : gifted property

I am from Kottayam in Kerala and have a dispute going on with my close relatives who are also our neighbors. My father had a plot of land measuring 80 cents (0.4 acre). He divided this land in two and gifted to my brother and me. As per my official property ownership document, I’m supposed to have 60 cents of land. I would like to quote the exact words written on my brother’s document. He “h...

Due to additional burden of GST, can i cancel my flat booking

I had booked a flat on 29th April 2017 by paying 1.00 lacs booking amount. On 9th June, I received mail from builder regarding implementation of GST from 01 July 2017. On 30th June late evening, I received an email communique giving summary of key aspects relevant to GST i.e Sale of Flat under construction (i.e. sale before issuance of completion certificate or before first occupancy, whichever...

Daughter Right on Father Property

My Grandfather (still alive 2017 and fully active physically and mentally) inherited a residential property in Delhi through will from his father. My grandfather are 2 brothers both got 50% share. Later my grandfather settled/bought the share of his brother and got a release deed executed from him. My grandfather has one son and 3 daughters and approx 2 years ago he gifted his entire property t...

Mutation of sale deed without partition deed.

Hello, I have bought a plot in Kolkata which is a part of the full plot gifted to 2 brothers and 1 sister by Kolkata Municipal Corporation under the refugee act. The 3 owners verbally divided the plot in 3 more or less equal parts and have constructed their own houses. Now I bought one part of the plot from the son of one of the brothers who is the present owner of his father's part as the s...

Value of share certificate in CHSL post redevelopment

Background : The share certificates of old building carry authorised share capital, face value per share, flat no, distinct series of no of shares, name of original owner on front and transfer details on the reverse with signatures of Chairman, Secretary & MC member authorising transfers with date of transfer. Post redevelopment, in new building, flat numbers changed, new members are added and...

Dispute in demarcation of land

My grandfather owned a property which was left undivided even after his death. After a few years of his death, the property got divided between his 3 sons and 7 daughters, my father being one of them. The property is residential in nature, it has a big house shared jointly by 3 sons and 2 daughters (both unmarried). All ten brothers and sisters have received one document each from the Land Refo...

Property dispute

Dear Sir/Madam I am requesting opionion about property dispute with my family of 3 brothers and one sister. I live in Australia from 2001 and my family lives in India. My father passed away in 2007 and left property for our family. In fathers will, all of us were equal beneficiaries. I went to India 3 years ago as both brothers were fighting to get much pie of the share. When I went there, the...

Can an apartment committee block an owner taking service from a provider

Hi, I'm seeking advice on the aspect of responsibility of an apartment committee. I stay in a 80 flats complex in Bangalore. I'm interested in buying internet service from a provider (A) due to various reasons. Apartment committee is insisting that any service provider can only provide service in the apartment complex only if they setup their own servers, hubs, power sources etc. Consider...

Is Deed of Agreement for sale valid in notary without registrar ?

Dear Sir, In the year of 1997 a person sold the property through POA which is registrar with stamp fee. in the year of 2000 the PoA holder sale the property to another person through notary affidavit which is not registrar. the property belong to Housing Board was the 1st Party. Some dues are pending to Housing Board and when all dues are clear and NOC already been received, the Housing Bo...

Buying land in uttarakhand

I am a resident of Haryana and wish to purchase land in Uttarakhand, initially for my own use and then to start a Home-Stay type of Guest House or a resort a couple of years down the line. I have following queries: 1. How much land can I purchase 2. Is there a difference between residential/commercial/agricultural land in terms of how much I can purchase 3. I will not buy the land in any o...

Withdrawal of Power of Attorney as regards sale of land

There is an ancestral piece of land bought by my grandfather in the 1970s. After my grandfather's death in 1985, the ownership rights were handed over to his sons (3 including my father) & his wife (my grandmother). My father passed away in 2012 following which my mother replaced him in the ownership of that property. Upon finding a buyer for the property in 2016, two power of attorneys were cr...

Rental agreement expired and vacating the house

We have taken apartment for rent of Rs.11,500 in April 2015. The rental agreement was for 11 months. The agreement was not renewed after the completion of 11 months. We are still staying in the same house and paying same agreed rent. This was communicated with the owner vocally and he accepted the same. We are paying the rent via bank transfer. We have also paid Rs.50,000 as security deposit. ...

Parking Allotment issue

Sir, I stay in a residential society in Ghaziabad. It's now over four years that people have been residing in this society, but the builder is yet to fully hand over the maintenance. Much of the promised work are also yet to be completed, like parking allotment, fire safety devices (it has 24 floors), CCTV installation, etc. Although the society has a registered Apartment Owners' Associatio...

Car parking

hello, our society has about 333 flats and about 240 car parkings (stilt + open). the builder has issued allotments letter heremarked the parking space (stilt+open) to the 240 flat owners before formation of society, and stating once the society is formed, all charges, rules and regulations to be follow bye laws. society has been formed in 2011 in subsequent year the committee members ad...

Unregistered Agreement of 1984

My parents had purchased a flat in a Cooperative Housing Society in 1984, in their joint names, in Pune. The Sale Deed was perhaps not registered by the Builder at that time (1984). My father has since expired. If my mother plans to sell the apartment in future, will the fact that the original agreement was "Non Registered" pose any legal hurdle? The builder now claims that the agreement was ...

Regarding Nazool Land

Hello Sir, My father purchased a Nazool land about 8000 sqft, from a villager (the land was under his kabza), in a village in C.G state, around 25 yrs back. The deal/agreement (Transfer of acquisition) was done on a stamp paper of Rs.50/-. After 5 yrs of purchase in 1998, He & other villagers (of that village) too, has been allotted "Ownership" paper "Bhu-swami" paper,by Village authorities (P...

Can builder forefiet the entire booking amount?

I booked the property in Pune on 30th June 2017, based on the confirmation by the sales person that there will not be much impact of GST as there willl be input credit to them and the price quoted will remain same and may vary by few thousand rupees only, so at the time of booking I paid 1Lac rupees as token booking amount, during application signing the sales people were in hurry to attend som...

Mutual agreement problem. Civil suit filed.

My mother in her will equally divided one floor to both her daughters. However, it was mentioned that each party individually can sell off their share after mutual agreement. The sister however was not agreeing to sell off the complete floor even though the house was about to fall apart, nor was she ready to renovate the floor. Since the house was in pathetic condition, I sold off my share a...

Delayed Possession Recourse and Compensation

My builder was due to give possession of my flat (worth Rs. ~60 lacs all incl) by Dec 2015, however till date I haven't received possession. Although the builder has obtained OC in Dec 2016 and sent me a possession notice, I am on mail exchanges with the builder, raising concerns on the problems/shortcomings/quality issues of the said flat. Also, this is a part of a wider township, which is sti...