Legal questions on Property Law

WILL/Partition Deed/ Relinquishment Deed

I need your suggestion on below: My father expired without writing a WILL. My family contains of 5 members-Myself, my mother, my grand mother and sisters[Married]. Excluding my grandmother, we four of us has made a partition deed. Now, when we were trying to sell the property, we recently came to know that even my grand mother is also a legal heir to my father. As a grandson, I am taking care o...

Resale of apartment on the basis of allotment letter

I am looking to buy an apartment in Mumbai. The seller X has the allotment letter provided by the builder but has not entered into an agreement with the builder. I am told that builder will agree in-principle to the transaction at the price arrived between the buyer (me) and the seller X. Please answer my following questions: 1) Legally, who would be the seller - the builder or the person...

Unauthorized construction in a CHS by grroup of owners

I live in a co operative housing society and builder has hand over the completed project to resident welfare association in 2012. It has around 250 apartments and all owners are part of association. In 2015, after loosing election, a group of people (all resident of 1 tower, out of 4) have resigned from the association and formed their own association. This particular tower is on a separate...

Delay by the builder in offering possession of the flat

I'm planning to file case in State Commission for the delay in possession of flat, my queries are as under : a. If the Buyers' Agreement valid even after the unreasonable delay of more than two years b. If the clause of 'Grace Period of 6 months' mentioned in the agreement on account of delay in getting the Occupation Certificate valid in case the builder has not applied the same even after...

Property tax for buyers, property bought lower than market value

Hi, I recently bought a flat along with roof in an old building in calcutta for 70,00,000. This property was valued at 1,03,00,000 by Kolkata municipal corporation using their website. I was in a rush to buy the property so I didn't pay much attention and paid the seller and accordingly paid stamp duty and registration on the market value. Now i have been told by my charted accountant that I...

Security Deposit Returning issue

Hi, I have taken Flat for rent for Rs.18000 from 6th June 2016, House was not very well maintained, When we moves there was lot of cockroach because of wood work, We have cleaned all those and I have pic of those with me. Also the kitchen drain had problem, which was not fixed. when I messaged owner he didn't reply and does not answer the phone call. So I have decided to vacate the house whic...

Declaration & Possession

Respected Sir, I am Advocate ( Ex-Defense) but. Not professional, representing only my case as Party. The interstate Family Apportion. agreement made in 1974 in plain paper, not registered. Mother was given the share from each three sons, 2:21 acres, for her maintenance till she alive and to Maintain the Customs of three Daughter's clothes etc. But the land will be on the name of respective i...

Assignment Agreement

Hello, We are buying a flat from a relative who has invested in the flat but did not register it in his name. He has paid the full amount to the builder and made an assignment agreement between him and the builder indicating the concerned flat is assigned to him and the amount he has paid. Our relative wants the loan amount from the bank to be given to him and not the builder as he had pa...

Parking Issue

Dear Sir, There are 9 flats in a builder apartment including once flat constructed on ground floor and half area is open for common parking. The problem is 8 owner got car and there are space to park only 4 car maximum. While purchasing the flat builder said you have one car parking space at ground floor stilt parking and he has mentioned this in everyone's flats registry document. Now the i...

Family law and property law

Dear Sir We are three sisters,all unmarried but we are all gainfully employed,our mother is 62 years old,she has been a homemaker since she was married. She raised the three of us single handedly while our father was always away in the Gulf working.Our Father is a chronic alcoholic and has had multiple extra marital affairs.He is still working in the gulf,all the years he has subjected my...

What shall we do

Sir, 20 Years ago My father purchased a land for resident in my mother name in front of our old house in my village, We are 3 Brothers and 3 sisters and all are married. When we all divided, my father have allow maturely to made separate separate resident and my big brother re-made on old house place, Me and younger made on which land purchased by father into the name of my mother. My fa...

Association of gated community levying fine and disconnecting

I have a villa in a gated community in bangalore. I have 4 cars and there is parking only for two cars. secondly almost 70 % villas are vacant. Hence we used to park in one of the empty villas garage. this was objected by the governing society who informed all owners not to permit my cars. hence i started parking in the common road leading to our house without blocking any ones passage by cars....

Agreement to sell can be revoked by seller ?

Dear Sir, I'm working on a case study. Please find below scenario & kindly advise me on the two questions given at the end of case study. Thanks in advance. ============================================================ Arun was hunting for a residential property in city of Mumbai. He finally zeroed in on a property at Dadar. Mr. Wagle was the owner of the said property and was interest...

Legality of parking space in sale deed

Respected Lawyers, I am purchasing a property in Navi Mumbai, Maharashtra in a newly developed CIDCO node. The builder has asked me to pay 2.5L for a parking space which he says he will allot me officially during society formation. I understand that builder can not sell parking spaces as they fall under common areas & not in "Flat". There are only 35% parking slots available & I do require a p...

Petitioner claim despite dependent clear title and possession

I have an inherited agriculture land property in Kotdwar, Uttrakhand,having clear title and possession since 2001. The patta of the property was given to my grandfather by Kham Supdt. during Britishers time in 1928.On death of my grandfather in 1947, it was transferred to my father's name in 1948. In 1976, he had been given bhoomidhari rights after depositing 20 times of laggan and certificate ...

Fight with neighbour

This is about a domestic matter... HISTORY : I'm a Chennai native...I live with my parents...We have been living in rented flat till now...we have shifted our house like 5-6 times for this past 25 yrs...in all the places we have made very good neighbors and had no problem with them...We are hindhu brahmins and indulge in pooja daily in the morning at 7AM and we use a musical instrument (loo...

New Joint Residential property & Tax implications

Hi! My query is related to a Sale & further purchase of Residential property. We have a bought a Residential property in Pune in 2005 & sold the same in July 2014. It was a joint property co-owned with my wife wherein I was the First holder and all payments done from my Account. At the time of sale all proceeds were credited in my Single account after getting an NOC from my wife. Now we ha...

Landlord deducting more money from the deposit.

Landlord deducting more money from the deposit. We have a rental agreement, which states we have to give one month notice. Since our landlord was kind all the days, we requested him, after we vacate, if none of new tenants turn up we will bear, one more month rent or else to consider prorated rent. We were paying rent on every month 5th. We had given oral notice for landlord on June 18th...

Association agm

I have a three bhk flat which was given for rent of 10000 per month plus one month maintenance was 600 from 2011 and recently the company vacated the flat on feb 6 and has been lying vacant since till july 2016.Only recently when i went to settle the dues for maintenance i came to know that the the charges have been raised to 1000.Previously the rules were monthly maintenance 600 and if lying v...

Queries regarding Agreement to Sell (Immovable Property)

I want to sell my flat - in Kolkata The original owner of the property was my grandmother - who died intestate. I am her sole surviving heir - and as such, the property in question has already been Mutated in my name (by the Kolkata Municipal Authority). Present Market Value of the property is about 62 Lacs - as per online valuation report of the Directorate of Registration and Stamp Rev...