Legal questions on Property Law

Property sold without informing the owner

It is a story of nearly 40 years ago. My father was married three times. I am one of daughter of him from his third wife. I have my own one sister and two brother. My mother i.e. my father's third wife still alive. My father got married to my mother after death if his first two wife. From first wife he had one son and one daughter (died), and from second wife he had two daughters. Now come to m...

Please please kindly help us asap

I have agreed to sell my house to a person. we have made an agreement on 100 rs bond paper, and the buyer kept it with him. the buyer has given some amount as advance. but the buyer continuously failed to pay the money on the specific dates which were mentioned in the agreement. but we waited patiently so that he will pay the money. and when we asked him why he wasn't paying, and when he would ...

PAN number is wrong in sale dead

Hi, I purchased a flat in Bangalore 4 years back with in a society.I approached with builder and he sold me one flat which was land lord share hence the deal happened bet ween me and landlord directly but builder did all paper work like agreement,sale dead and charged INR 21000. During the purchase everything went well and sale dead executed between me and landlord and witness as builder'...

Res Judicata

Intestate Succcession in DELHI : One co owner executed a GIFT DEED of undivided share in favour of Son ( who is not real son and no adoption deed ) of family dwelling house without consent of other co owners and son sold undivided share to stranger purchaser and handed over possession to stranger purchaser despite resistance from other co owners . Stranger Purchaser filled suit for injection ag...

Quashing of sarfaesi aucion

I had taken a Loan from a PSU Bank mortgaging my House (With Photocopies of Original Title Deed) for my Business, however due to circumstances beyond control I failed to repay the Loan and the Bank initiated action under 13(2) and subsequently 13(4) of the SARFAESI Act. I challenged before the DRT, which dismissed the in default. The Bank also filed OA before the DRT. The Bank then initiated au...

Stopping my father to sell the property

Hi! I am Mukesh presently residing in Delhi. First of all I need to explain my story. My father first marriage whom I called Badi maa (she was polio affected and handicapped that's why she don't have any child and my father don't stay with her)and I use to live with her and now she is no more. My father has got some agricultural land and house on her name. Second marriage with my mom unfortun...

Non-Functional Managing Committee of a Cooperative Hsg Society

Dear Lawyers, How to revive a non-functional managing committee of a Cooperative Housing Society in Kolkata? Nothing is in order - no accounts are maintained, bank account has been frozen, there is no record of the monthly maintenance paid by the existing members and non-members, collection of the monthly maintenance amount is done by the durwaans (they act as the Chairman & Secretary res...

Unacceptable clauses in the agreement from the builder

Hi Esteemed Lawyers, I have recently invested in a commercial property in a reputed builder promoted Shopping Mall. I have made around 20% payment till date and now I have received the allotement agreement in which I have very serious objections to some clauses. Kindly assist with the following queries: 1) The builder has mentioned several unacceptable clauses including a clause "any modi...

Contractor Cheating and breach of contract and trust.

Dear Sir, We gave a fixed priced lumpsum construction contract to one local contractor to build 4 storey building in Bangalore on a 40X60 plot, initially the contractor was very nice and humble as we are staying abroad he use to send pictures on whatsapp and inform us the progress and get payments from our parents who are staying in bangalore. He raised structure of 3 floors and told us due to ...

Threaten to discontinue common services like water & electricity

Hi, I have been paying my dues regularly. During my renovation of flat they have consistently troubled us with reasons like provide letter for permission even after providing it multiple times and approval. Each time they have either asked for more information or due to time frame of work being longer than 3 months. They have allegated us of using the elevators for debris (which is incorrect...

Removal of name from housing documentation and change of nominee

Hello, My parents jointly purchased a flat in Dombivli and their name was jointly added on the share certificate and other housing documents. My father passed away earlier this year and we (wife and the children), would like to remove his name from the share certificate and any other documentation related to this flat and only leave my mother's name on it so that she is the sole owner/holder...

Merging walls between flats

Hello sir i just bought a flat adjacent to my flat on the top floor(4th floor) of my building and i wish to merge them, i have consulted an architect for the same, he assured that no damage would be done to beams and columns and also he gave his approval on removing the wall as it's a non load bearing wall.He also told me that it would be helpful for the building as it would take some weight of...

Mhada lottery Income criteria issue

I had applied for Mhada House lottery for Mumbai 2016 in handicapped category and luckily won. I may receive intimation letter from Mhada in a month or two for submitting required documents. But I am in dilemma whether will I get it or not because they mentioned in the advertisement that the average monthly income should be Rs.25000/- & above in FY 2015-16. I don't know what is logic behind tha...

Need help in combating a complex situation

Hello, Coming straight to the point , this is the scenario that we are facing : Year : 1959-1960 ----------------------- 1. My Grandfather inherited a certain 'x' acres of land. 2. He had mortgaged 1 acre of this land in lieu of Rs.2000 from Mr.Y. 3. It is said that he had returned the borrowed money , but did not take back the legal documents. (We do not have any documents presently....

Status of property

I live with my father in delhi, my expired grandfather's elder brother and his wife, those live in a village of himachal pradesh, expired in the year of 1999 and they had left their property in terms of movable and immovable because they have no children. My grandfather's second brother and his wife who lived together in the village with the deceased grandfather's elder brother and his wife had...

Land Agreement Expired -- Implications

Father - Durga Murthy, had an agreement with purchaser to sell the land for 10L and has signed an agreement of sale in which it was mentioned that purchaser would get the land registered within 3 months of the agreement and paid a token amount of 50000, clause of cancellation was not in the agreement. Post agreement , he got the diversion done and also invested to get the land leveled and put a...

ETA STAR property — Incomplete handover project of ETA globevill

It very clearly shows they are least bothered to sort out the prevailing issues at ETA Globeville. The promised amenities have not yet been provided for past 2 years and still no work is been prevailed for completing the project 1. Even the Compound wall and gates are not in place. Lots and lots of strangers, cows, goats, dogs are roaming inside the site. These animals are posing serious danger...

For filing law suit

My father (RESIDENTOF CHENNAI) sold at village IN TAMILNADU ancestral property ( house site) which he got it on property division( by court order) after the death of my grand father.Again my grand father got the property from great grand father.my grand father purchased the said house site long back when he was alive only from the income from agricultural land which he. got from my great grant ...

Property still under construction since 4 yrs builder not respond

Dear Sir, my self and my wife booked a under construction flat in June 2013,through the influence of my friend's brother,in Ulwe Mumbai, and builder assured us to handover the flat by October 2013, as days went off, the structure remained as the same , i was working out of Mumbai,use to visit once in every 5 months,when ever I reach Mumbai , use to make one visit to the site , never saw any pr...

Double registration

I have a land which is sold by pattedar. The document is a notary document because at that time i had no money for registration. Later i have adjusted amount for registration but the pattedar and his family members have gone to their native place. So they are not available and i have done registration by showing their a small hut and obtaining house number. After some time the small hut was col...