Legal questions on Property Law

Can society cancel open parking of owner

Can society cancel the open parking of an owner of a flat. The Society has recently passed a rule in the AGM to cancel the parking allotted to my flat in Mumbai (which is currently occupied by the tenant) stating that there were lot of problem in parking the cars in society due to space constraints. Their reasoning is as per the open area parking policy, tenant cannot be given open parking if a...

Unjustified Charges of Interest and other at possession !

I have bought 1895 sqft flat in 2012 in Noida from reputed builder under CLP plan, I have following problems : 1. Builder raised demand of multiple milestones together and when investigated found them not be complete. I submitted photos and video to builder and sent them more than 10 emails denying wrong demand. But builder never gave me any answer. 2. They then offered me possession whil...

Gifted Property

Hi, My parents when got married 50 years ago, My father's sister in law (the property was on her name) gifted a house in Hyderabad as a marriage gift but no title change or written consent on that regard happened. She died very long back and my father's elder brother continued on her word. He died 20 years ago too. They have 3 children of their own and all knew that this was a gift from ...

Apartment vs co-op hsg society

We took possession of the flats in pune 20 years back. The builder wanted to form an apartment complex while majority of the members wanted to form a CHS. Our application at registrar's level was approved (140 of 170 members opted) whereas the builder went to the ministry of urban development and got our society derecognized on the ground that he had made the application for apartments earlier....

Husband died and now a woman wants share in property

Can a woman who had an affair with a married man who has two kids from his marriage demand for property share after his death?? His wife is not having a marriage certifiacte and she knows that so taking advantage of that she is asking for share in property claiming herself as his wife and says she has photos with her of same. His wife with two kids has a voting card and a passport mentioning he...

Access to my house

Hi, I have a property in chawl in Mumbai, my family had been living there for more than 35 years, recently my family shifted to some other location, now the problem has started once I was not at home the person living opposite to me has erected a gate at the access of my property, when I confronted him he said that " few days ago some Goans had came and were drinking and said something to his ...

Project delay and land owner issues

Hello sir, Our project is got delayed and also builder is absconding. Another issue is that there was a sharing agreement between land owner and builder with 60/ 40 %share means 60 % share belongs to builder and 40% belongs to land owner. This is agreement is done in 2013 when they started the project after that again they made another one sharing agreement in Jan 2014 which says that land is h...

Cheat in property right transfer.

Hello All, My grandparents used to ill-treat and torture my mother and my siblings. To get rid of domestic violence, my parents decided to separate from them. My parents are not well educated and they are economically weak. They did not have enough money to buy a new house. My grandparents gave an offer that they will give help us to buy a house and they shall have ownership right of half of t...

Selling under constructed flat due to escalation in rates

Dear Sir Few years back we had booked flat with reputed builder with X rs per sq ft. We paid the money slab wise as and when required. When building was 50% constructed there was stay order imposed due to forest land issue. It was cleared by supreme court last year and building was given green signal for construction. Builder had called one to one meetings with investors and told us that due t...

Land Settlement after parents death

Hi All, My father passed away in January 2016, also my mother passed away in march 2015. Both had properties in their name. list as follows: 1. house property --- Mother --- Bangalore 2. house property --- father --- Bangalore 3. agricultural land property (two of them) --- father --- Mangalore I've 3 sisters and myself. after discussion, we are settling such that properties are given...

Leakage problems

Hello, I live in a housing society and my building is G+3 floors. I stay on the 2nd floor. For many years (since 2012) I've been facing problem with leakages from the flat above mine. Whenever I approach him, the owner refuses to cooperate and says to ask the tenants to do something about it. The tenants come and go and the problem keeps getting worse as nobody is doing anything about it. La...

Who has the rights on the property now?

1. My grandmother has partitioned her property between her sons and kept part with her. 2.she has 3 sons and one of them is my father. 3. My father is younger among the three, and only ealder brother is bit educated. 4. My father and his younger brother are illiterate. Hence their ealder brother took chance to cheat them and owned all the property. 5. He did something trash...transfering so...

Injunction filed against house modification

I have been living in an old construction house for last 35 yrs. I have modified my house by adding 1 room on the ground floor & demolishing the 1st floor slab & laying a new slab. I started the work without taking any permission from local municipal corporation. Municipal corporation levied development charges & penalty on this action just before laying down of the slab. I paid all such charge...

In which way my ancestral property can be partinioned?

Hi, I am from West bengal. We are 3 children of our Parents. 1 son[i.e. Me] and my 2 elder sisters. Our father died in 1992. At the time of his death 2 of us were children and one of my sister were adult but not married. In 2003 one my elder sister got married and in 2006 my another sister got married. In 2007 my mother died. At the time of her dead, our property was named after ...

Uncle's Property

In 1978 my father's younger brother left home and none of us are aware about his whereabouts till now. Before leaving he had written letters to my father (who also passed away in 2015) and another uncle as to how his share of family property (close to 60 cents) should be equally shared between both of them. Both my father and the other uncle have been taking benefits from the property in the fo...

Buying a flat without OC in mumbai

Hi Im planning to buy a flat and the said building does not have an OC as of today 1.The project is a redeveloped project as the seller is an old tenant, he also is an advocate in high court. As per him with his discussion with the builder the OC has not come because the buidler constructed additional stack of parking of 3cars instead of 2 cars and due to the same OC is pending. 2.The f...

What are your views on Sept 2016 judgement by HC on Unitech Compr

UNITECH is among the biggest defaulter of real estate industry in recent times. Of the 17000 units sold, only a few thousand have been delivered by realty major in last decade. In an affidavit submitted by the company in Delhi High Court, close to 75+ projects are stuck in various parts of the Country. There are hundreds of cases filed by homebuyers from across the country against the developer...

LandLord Tenant Issue

Hi, Our Landlord Had Issued Us a Notice For arrears for unpayment of rent Since 2002. & Has Filed For Eviction under Rent Control Act maharashtra .Also He has Stated That We Have sublet the Said property To Someone Else. We have been Paying rent Since 1987 Till 2002 Without Fault With Receipts still kept ...For some reasons he stopped taking rent Since 2002 ...we approached him in 2005 agai...

Forefathers land partition among 2 brothers then their childrens

Hi Dear Law experts.. I'm looking for your inputs to proceed further actions. Background: My grandfather's father(GFF) had 2 sons and 1 daughter. My grandfather(GF2) is Younger for his father. Land(24+12acres) was registered on his brother(GF1). GF2 went to his sister family to help them after her death. He spent nearly 20years there, while he was there he brought 5 acres land & sold it, retur...

Refund for cancellation

Hi. I recently booked a flat 28th April 2016 a society that was almost 80% complete. I filled the provisional booking form. We agreed with 30% payment in 10 months (5% in every two months) and rest 70% on possession.first demand letter was issued in june but they had one line item that was due on 30th May. Then the demand letter said 70% on near completion not on possession. This was not mentio...