Legal questions on Property Law

Refund issue from builder after non delivery and scrapping projec

Hi, I booked an apartment in Greater Noida near Halduani Mor in 2012 with Ekdant Buildtech. I paid 20% of the payment money. However, construction never started after prolonged excuses and delay. Now the builder has scrapped the project and started plotting over it. We have been chasing for the refund of our vested money but there is not satisfactory response from their end and they keep on ext...

Relatives not vacating the property

My uncle's (my father's younger brother’s) daughter came to our house for better education when she was 12 years old in 2004. In 2013 my family moved out of India and we called our uncle's family to live in our house because their daughter was still doing graduation in our city and living in our house. My father passed away in 2012. House is on my mother's name and my mother lives with me out o...

Asset Transfer and division after Parents death

Hello, I need advice My mother and father both passed away They left their assets without any will Some asset belong to my father and some to my mother. I have 3 Elder sisters (married) and an elder brother (married) My brother made a pedigree and in that he included himself, his wife, his 3 year old daughter and me! He didn't include names of my sisters. Now he's going to apply f...

Property Registered before the full n final payment

Hi, I am Richa from Dadra and Nagar Haveli. My father has a 1bhk flat here which he wanted to sell. A distant relative of mine agreed to buy the same for 13,80,000 rs. The purchaser is working for a private company and wanted to take a housing loan to buy our flat, he wanted alteast 10-12 lacs to be the loan amount for which he convinced my father to make an agreementt of sale on the value of ...

Builder delayed construction and cancel my flat booking

Dear sir I invested in 2013 Jan in Kalyan. Builder took 20% down payment, I arrange home loan from India bull for balance amount. From 13th till feb 2016 builder construct till 10th floor as got CC only till 12th floor against full 14th floor. Since then the work is stopped but in the mean time they called for some money and did my agreement for sale for which I paid stamp duty and service tax ...

Un-registered agreement

My father purchased a flat in pune from builder in the year 1970 on Rs.5/- stamp paper, same is not registered. now he want to transfer that flat on my son name. we have prepared Gift Deed of the same. when we went for the registration of the same, that time Registrar asked for the Index - II of earlier agreement. when we say that, the said agreement is not registered, but now by this Gift D...

Society charging for sale of Tenancy rights

We have a tenement which is rented by us as tenants since late 1930s. The housing society which was formed in 1941 has claimed to have ownership of the land on which the tenement is built and we are paying rent plus municipal taxes to this society (purported to be the landlord). However, the society does not take care of any structural repairs and maintenance of the tenement. The tenants incur ...

Rented Premises

Dear Sir, I have a tenant using our premises for last more than 30 years which was a proprietorship firm running a Pharmaceutical Distribution house. Now they have shifted their main office some other location and still continue being tenant at my place keeping it locked and stocking materials in that place. We don't have any written agreement with them. Now, the premises is formerly owned b...

Bhumi Abhilekha rules & rights

Hi Sir, My self Vaibhav, from Pune. My father having 5.2 guntha land including house in village near ratnagiri. We did land measurement through bhumilekh before 4 years ago. The ZP school (left side) & aarogya hospital (front side) are near to our land. Some area of ZP school falls under our measured land. And we made solid compound to our measured land excluding school area. The gramp...

Fraud by landlord

Hello sir i Just want to know, Hamane ek gala book kiya tha in vasai east cost 500000 jo gala developer hai unhone hame bola tha 6 month me bana kar de denge gala but near about 3 year ho gaye hai na hame gala bana kar diya hai na he kuch hamne unhe 4.60000 thousand pay kar diye hai ,actualy 2 month pahle builder ne 6 gale aur kuch rooms bana kar rakha tha , usane hame bola usame se ek gala ham...

Property Division

Hi, I would like to thank all the people who can show some light on this matter. Family info: 1) Father & Mother: Alive. 2) 7 Sons: ALive & Married. 3) 5 daughters: Alive & Married. Land information during the division: Land division had happened in 1995. Land A: 5.25 Acers(Irrigation land) + House with a shared Well with the neighbours Land B: 20 Acers (RainFed land) with no hous...

My father's share in ancestors' property.

In my family there are two brothets, one is my uncle (elder) and 2nd is my father (younger), My father is illiterate hence he does not have any sense of cleverness and cruelity. Almost from last 25 years we have been living in Delhi at different place, we have an ancestral property in our village, my uncle has already built a house there as he is having a very good income but my father is not ...

Mentally harassed by builders commitment

Hi, I need some legal opinion regarding a flat booked in Bangalore. The construction of the flat was started in 2012 for two blocks A & B. The Block A has been handed over to customers but Block B is still under construction. I had booked a 2BHK flat of 875 super built up in Block B in July 2015. Flat is still unregistered in my name though have made the full payment, I have sale agreement and ...

GPA for Signature in Sale Deed

Hi Gurus of Law, I have a Query on GPA given for registering a property. Below are the case details, Please let me know whether this property is marketable. Mr A, Mr B & Mr C are layout owners and have sold to MR N. MR N has given GPA for getting the land register in his name to Mr V. Mr A,Mr B & Mr C have registered the Property in the name of MR N in the year 1992 on the basis of GPA an...

Property false claim by uncle. We have original registered docume

Background : My moms mother registered 1.5 acre land as a marriage gift to my mother almost 20 years ago but it was in their possession and paying lease ( no agreement for lease etc). Now her mom under the pressure of my uncle filed a case stating that my mother has sold it back to them some 15 years back ( The land is still registered on my mother’s name and we have original documents) matter ...

Daughter right on grandfather property

Hello, Please do help me, and thank you in advance My mother is born in year 1985, her father, as in my grandfather was died around 1995. He didnt earn a penny. What ever property he has was given by his father. Half of his property was clear without any legal issues, so he spend 100 plots roughly for his daughter marriages i.e my aunts. There are 4 sisters and 5 brothers and my mother is eld...

Notice period in registered rent agreement of 2 years

Hello everyone. Do I as a renter have Rights to vacate a house by giving a certain period of notice to landlord.? I am into an agreement with my landlord where it's not mentioned whether I have any rights to do so. I got into this agreement as I trusted the landlord and it never occurred to me that I will be bound to stay for complete period of 24 months otherwise I have to pay penalty. H...

Agreement of property removal as Mah Apartment act 1970 sec 14

Our builder has done deed of declaration and formed apartment. He has carried ot deed of apartment for 7 individual flat owners out of 66 flat owners. Now on demand of majority of flat holders he has agreed to form society in place of apartment. But as per apartment act 1970 section, it is mandetory to remove property from specified act. As per act requirement he has prepared draft of remov...

Builder not giving possession and demanding more money

I am an NRI and have brought a flat in Andhra pradesh. Builder completed the flat (with almost 2 years delay) but not giving the possession and demanding more money (10 Lakhs more) by charging Interest saying that there is a delay in bank releasing the installment. But i checked with the bank and got in written from bank that they released based on the technical evaluation of the construction. ...

Complaint against Apartment Owners Association

Recently i have been shifted to an appartment in Bangalore.Fully gated community,24*7security with all amenities.We also searched for good internet service providers and chose the best among those which is coming in a reasonable rate with excellent speed.Last week we received an Association notice.Mentioning a special column regarding INTERNET SERVICE PROVIDERS."We have allowed only Airtel and ...