Legal questions on Property Law

Our ancestral home

Dear Sir/Madam, We have a house in Vijayawada. History: The land was bought by my grandmother and my father and his brother both built two portions on this land. We received Patta (registration document) only for half of the land (i.e my paternal uncle) but we did not receive the patta for our portion. We lived there almost more than 30 years. My Uncle (my father's brother) sold his portio...

Payment by buyer to be made after registration of property

Hi, My father has a flat in Delhi and has "General Power of Attorney" of the same flat. We agreed to sell it off to a buyer. Buyer has paid the black money part of the deal , however, banks are not ready to finance it in absence of proper registration documents. Buyer's lawyer has suggested us to register property on buyer's name and the buyer will apply for loan and then balance amount will...

Regarding possession by builder

I hv booked a flat at NaviMumbai in May/2015 (Under construction) for residential purpose. I received summons frm court stating that the flat has been alloted to another person prior to my allotment. I was told by builder that he is an investor & has also invested in 14more flats in same building. He has filed a case agaist our builder to deregister my flat & claim to have right over it. I hv c...

Partition Deed Document Put Under Pending Registration

Dear sir, Last year (2015) December we decided to partition our apartment Property among my mother (Since my father expired in 1998) and my Father's two elder brothers.The apartment was a joint venture and the above mentioned 3 parties and a reputed construction company. The land given for the joint venture was in the name of above 3 parties individually, later after completion of the construc...

Property of Uncle (Father's elder brother)

My Grandfather has four Children ,two Son's and Two Daughters. Fort the Sake of Convenience i will name them as below : Elder Son (Uncle) : ElderSon Younger Son (My Father) : MyFather Elder Daughter (My Elder Buaji) : ElderBuaji Younger Daughter (My Younger Buaji ) : YoungerBuaji My Grandfather and Grandmother Died long back in 1980 Something. ElderBuaji married in Chhatisgarh ...

Housing association Selective Decisions and mental torture

Dear sir, I have read some of the suggestions to a problem and got motivated. I being selectively threatened and cause huge trauma by my building association. I have purchased a 3bhk flat in a building in DEC 2015. By June 2016 handover is done. Association formed on paper in sept or Oct 2016. Problem: association claims only I and another person have raised an element which is encroachm...

Need to restore possession

I need Advice Please help. My name is Aditiya Singh and I care deeply for my family. However they mean malice and I being 60 years of age am not willing to do anything illegal to harm my family. However they do not feel the same way as me and have pressured me into taking advantage of my passive attitude and care for them. I am aware that in Regards to the ownership I have to file a civil suit...

Cidco transfer problem & dealing with cidco

I Mrs L, own a flat in Vashi. I am in the process of selling my flat to Mr. M. At the time of my buying the flat in the year 2003, I was not told about the requirement for a Cidco NOC and the payment of CIDCO transfer fees, and so I had not paid it. I bought the flat from my sister Mrs. S, and all the formalities of registration and stamp duty were completed. Since then I have been the owner...

Division of property when there is no will

Hi My father and mother both expired without writing any will.. 80%of properties in my fathers name and 20%on my mothers name.. we family of 3 members 1st one is my elder brother(married) 2nd is myself (married) and 3rd my younger sister(minor-15yrs) my father passed away 2 yrs back without any will.. so now my brother is getting all the rents from 5 house and 1 shop.. and he made a lease wit...

Cancelled a property deal- now being sued by the seller

Decided to buy a office property 50 lakhs from the seller. Gave token of 2 lakhs. The seller Prepared a receipt stating the token amount and the deal amount on a normal printed paper. Seller himself insisted on preparing the Draft sales Deed to be submitted to the bank for property loan. it was cleared briefed that the next payment would start after the approval from the bank. The amount men...

Inheritance of house after Father expired

This case is for Kanpur Nagar under Kanpur Nagar Nigam. My Father expired in August and left a registered will in my name. My mother expired 8 years back. I am the only son. I have hired a reputed Lawyer who is also a retired professor from a law college) for transfer of a house in my name. This Lawyer is not sticking to his commitments and is shifting the date one month ahead each time for c...

Tenant delaying vacating the room beyond the notice period

Tenant staying in my room has behavioral issues with neighbors, he cheated a neighbor for rs. 60K promising a job in a pvt. Co. The tenant spouses harassed (physical too) agent who asked his brokerage by blaming that the agent tried to rape the tenant's wife (where in the agent did not do, but tenant spouses made drama to show), police intervened and asked them to settle with my interference. N...

I need help with my property

Hi sir, I am Naveen, actually my story is I am having a family in Doddagatta, Hosadurga taluk, chitradurga dist. I am having mother, father and sister. My father having one sibling his name venkatesh and his mother. My grand father got expired long back. After that my father he cheated to my mom and my family he married with other person. Now she is also having around 3 or 4 years boy. Total w...

Capital gains from redeveloped inherited residential property

Respected Madams/Sirs, My query is whether long term or short term capital gain will be applicable in our case. Facts: 1) This is a residential property in Mumbai owned by my grandfather before 1981. 2) My grandfather willed this property to a) all 5 children in case of a sale and b) to only two sons if not sold and kept for residence 3) Both sons passed away without a will before rede...

Ancestral property rights/dispute

Background: My grandfather was adopted by some relative in village. My great grandfather had lot of farming land, some gold and money. My grandfather had 3 children (2 son, 1 daughter). My father was in army so he couldn't stay in village. My father younger brother didn’t study well and start doing farming on that land. Till 14 year of army service my father has taken care of every expense (di...

Will

Hi, my father's eldest brother (Uncle henceforth) built a three storeyed house beside our ancestral house. He was a widower and childless, and my aunt used to live with her family on the ground floor on the premise of looking after him. My uncle died in 1998, leaving a will drafted by a lawyer and signed in sound mind before 2 witnesses stating that the my aunt and her family can live on the gr...

How can I get a Stay Order?

The property in question is in the name of my maternal great grand father i.e., my mother's grand father's name but the registration is still pending on his name. The property is 1 Bigha and my mother is the eldest daughter out of 6 siblings 3 sons and 3 daughters but my grand father i.e., my mother's father is lying to my mother for the last 40 years by making false promise of giving the land ...

Tenant not paying rent and refuses to vacate

I have leased my flat to a tenant for 3 years beginning 1st May 2016 with a lock in period of 1 year. The tenant has paid rent for first 4 months only i.e. May, June, July and August. No rent has been paid thereafter for the months of Sept, Oct and Nov. Not only that, he refused to pay electric bill for the first 4 months stating that it far exceeds his usage. As a result, the power company con...

Tax related

Dear Sir, Good Day. Pls advice :- one our property at our native place purchase by my late father long time back and same was transfer to my mom name after my father pass away. we are 4 brother & 4 sister. Presently we are planning to sale that property and need to share with all member, we are staying in rent flat and need to buy own small house which is in budget after sharing. After...

My husband leased my house and is absonding.

I am paying the EMI for house for past 3 yrs. My 90% of salary goes to EMI.. Once due to health issue i was in my mom house for treatment . that time he said he is going to rent house and we can shift house near mom house but he has leased my house and took 6L money and spent it all. My husband is not working for past 4 yrs and did some business withot my knowledge and lost huge money in it ...