Legal questions on Property Law

Refund of Booking Amount

I had booked a flat in Noida paying 110000 through cheque and I have the receipt. Later I requested to cancel the same and same was acknowledged by builder first they asked me to provide the NOC from broker from whom I booked the flat and then they will process the refund. I provided the NOC and they replied via email that your refund is under process. They kept delaying this stating same th...

Property issues

Hello, I need few clarifications on the Hindu succession act 1956/2005 and recent amendments. A brief description about my problem: My father, pensioner, is having five daughters (all are married) and only one son (myself unmarried). He inherited his share of ancestral property (agricultural fields) in his teenage from my grandfather. Later, my father sold his entire share and inves...

I have been offered a letter of Fitout for Possesion

I received the possession letter yesterday almost after 6 years of my booking done with your company Orris in August 2010 for my Flat # 301 in tower 3e. In that letter there are a charges of Electrification has been mentioned which is almost Rs.239000 which were never mentioned in my BBA nor I was made aware to that at the time of my booking. Secondly in my BBA it is mentioned clearly that t...

Property rights

Hi Sir, I am eldest son for my parents. i have an younger brother. we are the only 2 sons to our parents, no daughters. My parents took my complete salary for first 8 years of my experience, saying the family is not in good financial status , I had to help. I could not deny. i gave all my money. My father took property in his name. My mother got part of her share from my maternal grandfather...

Delay penalty charges

I bought a flat in 2011 in amrapali, noida extension and paid around 40% that is 12 lacs of the payment. till now complete structure of the building is ready but finishing/pop and other work is on hold. they kept demanding the balance money but i did not gave them any money after 2013 december as they were supposed to give the possession in 2014 but since the work was delayed, it seemed that th...

Patta vs relinquishment deed

Background: 1) My father bought the current house (1974) we are staying and am planning to secure home loan to expand it. 2) My father is no more (passed away in 2004) and my mother and self (only son) are the legal heirs, we have the legal heir certificate and death certificate 3) The Sale Deed that we have is of my father's and we do not have Patta, while property tax is on my fathers name...

Land Encroachment

Dear Sir, My name is Jerry Joseph, working at one of the steel Industries in Riyadh, Saudi Arabia. I am basically from Bangalore. In the year 2009, i purchased a plot of size 30x47 feet in Bangalore North and also registered the sale deed. Every year i go on vacation and i used to check my plot to be safe. Last December i wanted to start construction of my house but to my astonishment i saw a...

Architect Completion Certificate instea of PMRD Pune Completion C

Hello, Recently I am facing some issue on my Under construction/almost ready property. Below are the details. please guide me on this. I have purchased one flat on Dec,2015 in Pune area and builder promised to give possession on March End 2016 but till the date i could not get the possession even-though the building is 95% complete. Builder is saying that PMRD is delaying to give Completi...

How to give agriculture land from parent to children at low cost?

Respected Advocates, This is Krishna from AP (Chittoor, Andhra). My father got agricultural land (which is combined from grand parents and owned) on his name (got passbook and linked to aadhaar as well). As he is close to 70 years now, he decided some of the land (all land under 1 gram panchayat to distribute to children and retain the land on his name from another gram panchayat) to equ...

Transfer of property/investments when the owner has died.

Sir, My mother expired on 23.04.2016 and my father had expired on 26.04.2013. No will is available. They have left behind following A. An under construction flat at Noida, possession of which is expected to be handed over bu the builder in July/August 2016. B. few FDs in State Bank/Syndicate Bank in which there are no nominations. C. Pension account in which there is no nomination. D. Dem...

Flat Agreement - 1st Applicant Vs 2nd Applicant

Hello Experts, There is a under constructed flat which is on the name of i.e. 1) 1st applicant : My uncle 2) 2nd applicant : my self. We will be receiving possession in April'2016. NOTE-The total flat cost has been bear by myself. The reason we kept uncle's name as first owner because the said flat he/we had won in one lucky draw system organized by one of the trust. However, my uncle was not ...

Fungible fsi

Hello Sir,We are tenants of a redevelopment property. Decree was passed between Tenants & Developers & Landlords in 16/06/2010 where as per Clause No. 34. is as follows " The Defendants ( Tenants) agree that the Plaintiffs ( Developers) are entitle to utilize and consume the entire FSI and Other Advantages, benefit and privilege of the suit property which may be available at present or in fu...

MHADA transfer of property in the name of grandsons.

Hello! My (diseased) grandfather had bought a land from MHADA. But he died unfortunately. Then MHADA transferred the said property in my Grandmothers name after all the legal documentation. Now the said property stand in my Grandmother's name. My grandmother also died few years back. My mother was only child of my grandparents and she also died. As my mother was the only child now I and...

Property Registration

Hi, I (Buyer)have initiated a purchase of 2 Pvt. Builder floors in a same building, the person representing other side (Seller) is the Brother In Law (Dewer )of the owner for the property no 1 (Gr. Floor) & husband of the owner of property no 2 (Upper Gr. Floor with Parking) as due to taxation issues he said he had registered the property on his Sister In Law (Bhabhi) & on the name of his wife...

Refund of advance plus interest due to failure to receive IOD.

We deposited on 23.1.2013 and 16.2.213 total of Rs22,42,208 to buy 1bhk + 2bhk from JC homes Bhatani Riyo at Mira road . Miss Arti (VP) in their Santacruz office of JC Homes promise that they are going to start the project within six months. When asked the documents like IOD and others, she promised that they are reputable Builders and there is no problem.Their directors are top in the construc...

Joint Property after divorce

Hi, I am going through divorce. I have a joint property on mine and my husband's name bought about 3.5 years back. It's net value when we bought was 43+ lakh. It's 21 lakh worth down payment was done by me. It's 10 lakh worth down payment was done by my husband. I conceived, and my husband's been paying EMI since then - about 3 years @12000 something per month. Pending payments - ...

Ancestral property

My grandfather died before 20 years intestate leaving his property a house site without will or settlement to his childrens he had two sons and wife as legal heirs, I my self elder sons son, my father( elder son) and my grand mother is alive and my uncle( younger son) died last year, Before 5 years my grand mother made a settlement in favour of my father by settling her 1/3 undivided share i...

Builder Harrasment

Dear Sir, My parents are a government employees & got retired & purchased one 50 gaj plot in Burari,Delhi last two years back. Last year February 2015 my parents gave collaboration work to one builder & it was decided that he(builder) gave possession to us on February 2016 but he fail, after forcing him several times we finally got our home (not prepared thoroughly) on 8th April 2016. When we e...

Is the gift deed valid? what to do next?

My father and his younger brother had partitioned in 1957 by a deed registered at the behest of his younger brother, but he refused and dodged to act upon the partition till my father' demise in 1970. In 1986, I, the youngest of three brothers asked for my share from my uncle since he was acting like de facto the head of both the families while my other two brothers remained silent. My uncle an...

Rights of Grand-Daughter in Grand Father's Property (ancestor's P

1> My Grand Father Died in 1987 and he was having 10 acres of land. and he was having two Son's (my father and Uncle) 2> I born in 1990 in same family in Karnataka 3> After my Grand Father Death my Father and Uncle Divided the Property of my Grand Father and got 5 acres of land each in the Partition (there was no will from my Grand Father) 4> The Partition happened in 1992 between my ...