Legal questions on Property Law

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...

Rent agreement

I paid the amount to property dealer and landlord (online transfer) on 13th & rest all on 14th July. Before making the payment I kept on asking for rent agreement from property dealer. But he forced to clear the payment; he made several phone calls asking to make payment and said that he is working on the rent agreement. Rent agreement is on e-stamp paper of Rs. 50 with description of documen...

Parking Space

I am a tenant and my owner has purchased his open parking. However, I have my 4 Wheeler as well as two wheeler too. I have parked my both vechicle in a manner that no one get disturbed. I have also taken care that entry and exit of other's vehicle shall not be disturbed. Since, last 4 months no one has issue in this regard and surprisingly received a call from society committee member to remove...

Occupancy-certificate-and-its-dilema-Bangalore

Being lived in Bangalore for last 10 years i started thinking of putting my hard earned money for owned roof on top of my head. So i had initially started looking for Resale properties , but in my budget and in the areas like Kaggadasapurra,cv raman nagar etc . i cooldnt find any apartment with OC. All building are having land A-katha but done huge deviations. So . i decided to explore on d...

Settlement/legal process in a pagdi system

Situation : The flat is on tenant's grand father's name. Tenant's grand father and father have passed away. Never was the property transferred to the further generations during those times (ie 1900-1970) and eventually during 1980s the buildings were liquidated and bought by our landlord who then followed the pagdi system till date. Since then as the pagdi system being insufficient in value, th...

Court Fees of Succisson andf other issues

Respected Sir / Madam Case Story: My Aunt (Wife of my paternal uncle) was died left the bank balance worth Rs 39 lakh in the year 2015. Part of the money was transferred by succession act after the death of my uncle and the rest of the money earned by my Aunt. In the year 2016 nephew of my aunt (Aunts Father Side) puts a succession file in the district court of Silchar, at the same time we put...

Son rights

(1)My father made will that all of his property will be belongs to my mother's brother's son. And he had given this will in registration. As I am the only son of my father we have disputes regarding my marriage decision he took this steps against me. Should i challenge this will in future or now? (2) In my father property 1 TENAMENT is there which my father got from his father. Another 1 2bhk...

Need to evict a shop owner under pagdi system

I am the Landlord of a building in Mumbai and all flats and shops are on Pagdi system of tenancy. Because of the Rent Control Act I cannot increase rent. Rent for each shop and flats is in the range of Rs.250-300. After paying all taxes there is no money left that I earn. The building is old and requires repairs and many small maintenance jobs need to be done, and a few years back, I have retir...