Legal questions on Property Law

OC Certificate inspite of illegal temple structure in the premise

Hi, I am a resident from Mumbai. We have purchased the property while being under-construction. It is a tower (22 floors). Currently it is built completely but we are yet to move in. The builder has built an illegal temple in the premises for a community that does not live in the building. First he build the entrance to the temple inside our premises. They had to enter our gate to go to the te...

Can builder ask for maintenance charges after possession but ,,

I booked a flat in Punjab from the builder in 2008 and builder offered me the possession in Dec 2012. Delayed possession but builder compensated the amount as per mutual understanding of both. Total flats in the complex is close to 800 and when builder given the physical possession in Feb 2013 construction was going on in the complex. Building got completed in 2015 and builder got the comple...

Lock in period in rental agreement

I toom a property on rental without having a look at the place physically myself. Paid an advance rent before i could see and on the saod date of visit, paid the deposit amount as well - Monday 5th Sep. However we did not like the place so informed the owner the next morning that we dont want to take the place and offered to compensate woth 2-3 months of rent. He indicated he needs to talk to l...

Delayed Delivery of Modular Kitchen

Hi, We worked with a company for three weeks (last week March 2016 and first two weeks in April 2016) and arrived at a kitchen plan and signed off on the plan of the kitchen with dimensions to the millimeter detail. I then confirmed my kitchen order from the same company On 17th of April where they claimed that every 22 days they ship out a kitchen from their production site and the kitch...

Is temporary employment considered as "employed" in law

Hi, I recently won the case from my tenant on the base of bona fide need in the lower court in Delhi. There is a shop that the tenant is occupying and we filed the case based on the fact that my wife who is a BA, BEd teacher and is unemployed and my father who is retired govt. servant and is now unemployed are in the need of the shop as they want to run a coaching center. Based on that we won t...

Can grand daughter claim on self acquired property of grandfather

My father died leaving without any will on his self acquired property. I am daughter to my father and i have one brother and one sister. My sister is not alive and my mother is still alive. My question is, can the daughters (one major and one minor) of my expired sister claim on the property of my father? Additional info: My sister's husband married after the death of my sister. The property i...

Can outsider file a case?

Hi, I am Praveen and I am living outside India. I have small doubt. In my town there was a big joint family where a father has around 11 sons. Now that father was expired and even some of his sons also expired. That father didn't divide his joint property. But internally his sons decided how to devide. But there was no written document or partition deed for that understanding. Now one of his so...

Gift deed of ancestral property

Sir we have undivided ancestral property, in which my grand mother, my father, and his younger brother (Uncle) is the legal heir, as my father was not in good terms with his brother (Uncle), my grand mother was staying with him for some time in those day he had asked my Grand mother to gift deed her undivided portion and a registered gift deed was executed between them,where she stated in deed ...

Tenant issue

I had given my flat on rent in Hyderabad. The rental agreement expired after 11 months but with mutual agreement and trust the tenant continued to stay for additional 3 years. There was lots of damage to the flat that I noticed after taking the vacant possession of the flat. Tenant is refusing for any damage repair adjustment from the security deposit and is not providing bank details so that I...

Execution of will to Joint names in property

My deceased father's ( Mr X) Will main clause reads as : "I hereby declare/bequeath that after my death my wife Smt A and my son Mr B will be the joint and complete owners (with equal rights of 50% each) of my said property No. 1234, Colony, New Delhi. And if my wife pre-deceased before me or without execute/transfer her share (ie 50%share) of said property, them her share devolves in favour ...

Tenant denying to vacate home and filing a false case on owner

Hello, I'm Shiva, I stay in Hyderabad in a rented flat. Our own house is in Shadnagar(Telangana). In 2013 my family moved to Hyderabad and we gave our house on rent. There were no agreements made(small town), as a owner we take one month rent from tenants(for the on going month). After 3 years in May 2016, our tenant started complaining that there is no water, we don't like staying in this h...

Parking purchased from builder in another society

Hello, I’m a resident of Pune and I live in a society registered under MCSA, 1960. Our society campus has 2 wings: Wing A and Wing B. The builder registered both these wings as separate societies. Before society formation, the builder sold 4 stilt car parking lots (reserved car parking) from Wing A Society to 4 members of Wing B Society. This was sold merely on the basis of parking allotment l...

Validity of Notarized GPA on Immovable Property in Karnataka 1996

Hi, My father purchased a immovable property in Bangalore Village Panchayat via GPA during 1996. The property was allotted by Govt of Karnataka in 1972 to the owner who belongs to Schedule Caste. As per law the owner didn't have rights to sell for 25 years of term from the day of allotment from Govt. Hence a GPA was executed via Notary where we have paid final amount. GPA was signed by Owner...

Claiming compensation for late delivery of house

Dear Lawyers, I booked a house in 2013 December and registered the land in March 2014, the agreement states that the construction will be completed and the house will be handed over 18 months from the date of registration. So technically they were supposed to handover by Aug 2015 instead they have now completed and give the final settlement letter. To get to this point it was a huge struggle...

Memorandom of Understanding among Family Members

The House Property is in the joint Names of No: 1 to 7 acquired by a Partition Deed which was held in the year 1966 herein Hyderabad for about 700 Sq Yards with a built-up area of about 6000 Sfts (G+1). LR No: 8 is the only Daughter of 1 & 2 and Sister of 3 to 7. Family Tree 1. Late Pukhrajmal 2. Late Kachri Bai (Parents) 3. Pannalal (Son of 1 & 2) Wife, 1 Son & 3 Daughters. ...

Property legal advise

My grandfather had purchased a property at Bangalore in the year 1979 by sharing the property(30*40 site) with his son in law i.e half site purchased by my grandfather, since he trusted him lot, he use to give money every year to pay land taxes (Katha), he was unaware of the proper rules of the land, the electricity and water bill was coming in the name of his son in law, and in 2003 my grandfa...

Correct way to approach to get the property.

Hi Sir, There is a property which belongs to my Grandfather, and he had 11 children. Out of which 2 expired long way back. So there are 9 people whom this property would be shared with , out of which my dad is also included [He expired when I was small] There was a Court notice that came to me and my brothers name to attend the same when I was Minor, and since I didn't knew much about it ...

Legal Remedy for Unavailibility of Death & Legal Heir Certificate

Sir I have applied for a Home Loan, and the legal adviser has asked for a copy of a certain death and legal heir certificate of a gentlemen whose name appears in title transactions of the said property in the year 1953. It appears that the gentle men has expired and his legal heirs have sold the property and to verify the same, he requires the copy. Now I have tried to obtain a copy but, I w...

Charges included in the construction agreement regards

Hi Sir, recently I bought a flat in Chennai. I have few queries. Kindly guide me on that 1.I paid 1.5 Lac for car parking.it was mentioned in the construction agreement registered.as per law builder should not sell car parking.is it legal to mention the car parking cost as part of construction agreement? Is it possible to file a complaint in consumer court to get that money. 2.builde...

My legal rights

Due to space constraints and other reasons, I left the premises/flat of 1BHK (in Mumbai) which were in my mother's name (on rent receipt) in 1980-81. I shifted to another city. Before this,I was staying in that house with my family and my brother's family and my father and mother. My father passed away in 1984. Till that time both my parents stayed alternately with me and my brother. My mother ...