Legal questions on Property Law

Cancel the deal after taking advance and refunding

We have a property in Hyderabad and unfortunately we lost the original doc of the property which was owned by us from 22yrs. We did required steps to avail the true copy of the original. But people are skeptical to buy the property. Recently getting tired selling this property, my mom spoke to someone near by my home and taking advantage of the situation he managed to convince my mom for very l...

Getting possession of property or my bid amount from bank

I had purchased a property from bank in 2011 but till date I have not got the physical possession of the same. Though 2 attempts have been made by bank in 2012 and 2015 to vacate the property by the help of police but somehow police could not vacate the same and hence I have not got the physical possession. I had purchased the property and I was single bidder though it was 3rd auction notice ...

Can Pagdi tenants residing prior to 1955 be called trespassers?

I am residing in Khar, Mumbai with my family in a house of pagdi system. My grandfather used to live here with his cousins and family even prior ro 1950. My father was born in 1954, since then he is residing here with them. We had good relations with the landlords then but as soon as the landlord got to know that my grandfather's cousin, in whose name the rent receipts were recorded has left to...

Road block

Our apartment has access to front road and side road. Apartment is build on a plot which has 2 survey numbers, 1/1 and 1/3. Side road built on remaining piece of 1/3 land to provide access to 1/1 which was a bigger plot during road creation. For apartment construction a small part of survey no 1/1 joined with a small piece of 1/3 and created a single Khatha. Side road goes between small piece o...

Subletting my flat in a residential complex

Dear Sir I have bought a flat in a residential complex in north Kolkata. Since I don't stay in that flat, I decided to sublet it not for a prolonged period but to the people visiting Kolkata for a brief period. It is an alternative option to hotel for the visitors. That way I can look after my flat whenever there is no occupants and can stay in there whenever I want. I have been asked to refra...

Denial to return my property (legally held by my mother)

Subject: Seeking guidance regarding property dispute. Dear Respectable Lawyers, I bought a land in my native 10 years ago where I built my house then after. During the time of purchase, I registered the property in my mother’s name for which she “orally agreed” to return it to me when time sets out right. Little problems surfaced earlier due to my sibling’s interest in this propert...

House renovation (landed property), parents alive, brother disput

Hi all experts, Greetings to you all. I need your help. We have a landed property and currently the house is in bad condition. This property is in my parents name. Iam elder brother taking care of my parents and have wife and son. My younger brother doesn't stay with us since he works other place in India and he contribute some money of his income sending home. Parents are staying w...

Does a married daughter have any rights on her father's property?

My Grandfather had a property which is now on my GrandMothers name. Grandfather died nearly in 1980 and GrandMother died nearly in 1985. My Grandfather had 3 Son and 5 Daughter. 1) 1st Eldest daughter died in nearly 1957 before the property was buyed. There is one son and one daughter Alive of Eldest daughter. 2) 2nd Son died in nearly 1975. His Wife and two daughter are alive. ...

Other flat owners did not pay Full sale price.Staying without reg

In our apartment 17 residents are there. Out of that 6-7 people did not pay full price to the promoter and without registration they are staying in the flat. Say for example one person paid to the promoter only 10 lakhs where the sale price is 15 lakhs. So 5 lakhs are due. In this manner many people have dues to the promoter. As they are not paying the remaining amount so the promoter is not co...

Parking not allotted and sold my parking to another person

I have taken apartment 5 years back and due to financial problem I could not take parking slot at the time of registration, whereas we had informed builder to keep our parking slot as we will purchase in 2-3 months. He said I have two more parking slot which I will be keeping one for you and another person who has same problem. When I went and asked that I am ready to buy parking now and provid...

Ancestral Property to Grand Children

Hi sir, I have a big problem with grand father's property, please advice on the below case what is the best possible solution for the same. Case: Property was transferred from Grand Father > Grand Mother > Father > Without a will he died... Father married first time 2 children Female & Male (both got married). After two kids born first wife died. Children bought up in their grand mot...

Illegal construction of neighbour in common space for Light & ven

Hi Sir, In 2009 we constructed a two story house. At the time of marking rear neighbour requested to leave 1 & 1/2 feet of land vacant for "Light and ventilation" by promising that he will also leave 1 & 1/2 feet when he construct the house. We agreed and left the said space. In 2013 neighbour sold his land to some one else. Beginning of this year the new land owner started the construction ...

Pending Rent of 11 years in Mumbai due court case of Land Owners

Hello Sir, I stay in South Mumbai, nearby girgaon, we are tenant since last 3 generation, our Land Lord (LL) has not taken Rent from last 11 years as due to his case is going on in court regarding ownership of land against his own brother. We are 8 tenant residing in that premises. All tenant face same problem of pending rent from last 11 year. This premises is still in "Pagadi System". And...

Preventing family members from selling ancestral land

Hello Sir/Madam, I am looking for legal options that are available to prevent sell of ancestral agricultural land by my elder brother. To receive best consultation I would like to provide additional details below: issue:- we are three brothers, my mother is still alive but my father expired. i had bought some land 28 years ago on my mothers name but after that i moved from village to the...

Landlord refusing to return deposit until another tenant is found

Hello, I took a flat with two other guys on rent in July 2015. I paid the deposit of 40,000 to the owner. The 11 month rent agreement mentioned that I will have to give 45 days notice period before leaving. While signing the document , I didn't see that the date on agreement was of "2014". The agreement has name of only one flatmate but signature of everyone including owner. I informed the...

Land sale dead dispute and challenged

Dear Sir, I had purchased a land in 2010 from Mr Raj Kumar Yadav who was then registered owner of that land as per Bihar land & Reform land register record and the same was also authenticated and verified through the LPC certificate issued by CO (Circle Officer),even motation has been also done correctly in year 2008.All the land related taxes were collecting on his name since year 2008 till o...

Cancellation of Settlement Deed between mother and son

1.Son (Married and has a Kid of 3 years) who works out of India buys 2 apartments in Mother's name. 2.Son buys 2 properties for mother and gets it registered in mothers name from his own income while working abroad. 3.Son requests mother to do a settlement deed from Mother to Son after 10 years. 4.Mother does the settlement deed to Son as requested. 5.Settlement deed gets registered from...

Relinquishment Deed

Dear Sir, I am in the middle of buying a house in Ahmedabad. The owner is no more. He has not left any will. Now, the share certificate of the property is the name of the deseased and his wife (alive), allottment letter has name of wife, municipal tax in name of wife, tax bill in name of wife. But there is no sale deed as property is of 1993. Initially when they bought this house the name of t...

Right in grandmother's property which she got from her father

Dear Sir, I would like to buy a piece of land from a Hindu Nair family. Having read the document of the property, I have become confused. Please clarify my doubts so that I can either go ahead to buy it or abandon. The context to be examined by you is given below. A mother, who died without writing a will, gets her property by a partition taken place in the year 1956. This partition in 19...

Advocate Notice

My father was one of the Tenant & in respect of Development of the said premises entered into an agreement (through Notary/Notarial Certificate) with Constituted Attorney/Developer(1st part)interalia provided that he will be provided accommodation free of cost & transferring/Selling to others shall obtain written permission from the party of the 1st part. After my father died 2006 all legal hei...