Legal questions on Property Law

Disconnection of water connection

My family lives in a one room kitchen under pagdi system. We are six members in a family. We are staying there since my grandfather's time about 50 Years. Firstly the land lord was a other fellow who used to take the rent including the water bill. Later he sold the property to another fellow who used to tk rent but water Bill section Was not written in it. But from About past 30 Yes. The water ...

Fitment possession of Flat in Pune Wagholi

Hi All, I have bought a 2 BHK flat in Pune Wagholi area, this area is still in Gram Panchayat. My flat was registered on 3 April 2014. The project is getting done almost in the final completion phase. The builder has raised the demand for final 4% remaining payment and has asked me to take Fitment possession. He has also asked me to pay the maintenance charge of Rs.2/sq.ft as per agreement. ...

What is the validity for a registered and unregistered agreement?

Hi Sir / Madam, The question is we had purchased a flat in Bangalore from a developer through registered agreement but he committed suicide due to personal reasons and the construction was stopped in middle and it was completed just 50% and in meantime some other developer entered and agreed with all the flat buyers saying that he will return the money in the proportionate wise and everyone ...

Property of my grandfather

My uncle (my father's elder brother) sue my grandfather for agriculture land as ancestral property and got decree in his favour in 1990. My grandfather was I'll that time and gave poa to person A to fight case on his behalf. now the person A without my grandfathere consent agree in the court that property is ancestral. (Person A is very close friend of my uncle). it's just a whole game setu...

Builder flouting rules

I had booked a flat and I had paid the agreed upon amount. I had all the deals and documentation in place. The construction is over and when I decided to register the property, the builder is not agreeing to handover the flat. He is forcing me to take a unit which is valued lower than the one I had paid for. He is not agreeing to the paperwork. On top of that, he is asking for the rate applicab...

Home loan to Son -> Plot purchased by Father using Capital Gains

Dear Sir, My Father (aged 67 years) sold the joint property co-owned by his brothers since last 50-years. The amount received through this Sale is 100% Taxable due to Profits under Capital Gains (Gains is 100% taxable due to property appreciation in last 50-years as per Government declared land Prices in that local SRO.) These funds received through this sale is partly (60% of funds) used ...

Property sharing dispute

A man has three sons. He has a home which has constructed portion and empty land. After his death, his home was equally divided on basis of land area into three parts let’s say 1st part, 2nd part and 3rd part. Area of each part is kept same. 1st part has mostly constructed portion, 2nd part has partially constructed area while 3rd part has empty land. Each part is divided on lottery basis to 3 ...

Query related to under construction NOCs

There is a project with high rise towers located near Horamavu Lake in Bangalore. From Jakkur Aerodrome project is within 10 km of radius, while from Yelahanka Air Force Station within 15 km of radius. As per my research, first requires AAI NOC, while 2nd may require HAL NOC; but not sure. #) Found that few of the NOCs are expired. AAI for height clearance was valid for 5 years from Oct-2008, ...

Builder exhausted maintenance funds asking additional money

Hello, I have taken possession of my flat in mid of 2015. At that time I have paid maintenance charges for next two years (till mid 2017). Recently all the flat owners received an email from builder telling us that all maintenance funds have been exhausted as of mid of last year and asking us to pay additional maintenance charges. He is also charging us Service Tax on top of maintenance c...

Maintenance charge

I live in a society of 220 flats (1 and 2 bhk of different size) where we have registered the society last month and same day our first general meeting happened and we have elected committee members also including secretory and chairman. Now this month suddenly committee has increased our maintenance charge from Rs.2 /sq ft to Rs 3 /Sq ft. This was not discussed in first general meeting. Now a...

Widow Daughter's property right over owned joint property by sons

My father has seven siblings of 3brothers and 4sisters. Most of them have their own house and shifted. My father and smaller uncle lives in our ancestral house which is a joint property own by them. The transfer of the ownership was done by my late grandmother. As my grandfather died at an early age. We have the deed from the court of the transfer of the individual ownership. The heirship certi...

Non-Refund of Security Deposit post peaceful vacation of Premises

I had taken a premises in Delhi Cantonment area (New Delhi region) on rent to operate a coaching centre. I stayed in this property for about 2 years. There is a proper agreement signed which was notarised. I vacated the premises on 28th Feb after serving a proper and due notice to the landlord. The landlord is holding 1 month's security deposit and is refusing to pay this money back inspite of ...

Query on Flat purchased from 2 joint owners

I purchased a flat in Mumbai from Mr. Vinod Khanna (Hindu Family) which was co-owned by him and his son Mr. Rahul Khanna. As first owners, they had purchased this flat from the developer in 1998. In the year 2003, Mr. Rahul (son) met with an accident and passed away leaving behind his wife (Priya) and 2 year old son (Raj). Mr. Vinod got an NOC duly signed from all his family members as below. ...

Owner is not full Deposit

Hi, I currently stay in Bangalore and had rented a house in Srirampura Area. I rented 1 BHK house in June 2016 and have agreement for 11 months. Since I am getting married I informed my landlord before 3 months that I will be vacating the house in April 2017,which will be nine months from the agreement date.Landlord insisted me to pay for 2 months extra since I am leaving early even though th...

Property claim

My grandfather has made some property in Masinagudi. When my grandfather died he did not make any will for the property. Now my grandmother is selling the property in her own in bits and pieces. My grand mother had 2 sons and 4 daughters. My grandmother got married all her daughter's to different places(3 daughter's to blore and 1daughter in the same village). One son died in his earlier ag...

Property Position after revoking power of attorney

Hi Sir, My father in law had given his property for development around 7 years ago which came through his grand father to his father and then divided between him, his mother and his sister in law who is a widow now. The property is in Kolkata, in the development agreement it mentioned receipt of 3 Flats, 1 Shop and some cash component by the builder and also certain % of profit earned by the...

Builder demanding extra money for change in architecture plan

Hello, I recently received a call from the builder with whom I have invested in a 2 BHK property in mumbai. The property is still under construction and the possession is in 2 years time. I have already completed the registration formality of the property and it specifies clearly the apartment specs and built up + carpet area etc. All of a sudden I am now being told that the builder has d...

Occupation Certificate and Maintenance charges

Request your kind attention for property situated at jaipur , VRINDA GARDENS with builder Ashiana Group wherein Phase I of the project is completed and i have made agreement for the same. many families shifted to this place , but builder has shown me denial letter from Jaipur development Authority regarding Partial OC is no more issued and will only be issued once project is fully completed. s...

House under Paghadi System

Sir/Madam, We are residing in Paghadi House in Mumbai for which rent receipt is issued in the name of my Grand Mother, She died in March 1989 and in 2015 My Grandpa is also died. Now still rent receipt is issued in the name of my grand ma. My uncles are not giving their NOCs. The Landlord is saying they wish to transfer the rent receipt in the name of of my father(we are residing with the my gr...

Right of Floor owner in the land of property.

I had recently purchased a builder floor in Delhi. It was understanding between the Vendor and Vandee that it shall give 25% share in land of the property instead of the proportionate share of land. There are Basement, Lower GF, Upper GF, 1st, 2nd & 3rd Floor. As per Bldg. Byelaw only 4 floor can be build apart from Stilted parking. The Seller has build shops in the lower ground floor inste...