Legal questions on Property Law

Wife right to live in husband's property

Hi , I am asking this question on behalf of my mother. My father want to sell the properties, which includes the house in which we lived and another property , which was originally my mother's ancestral property (documents show that it is purchased). My mother is 57 years old, and a home maker. My father was working in Tata Oil Mills and his income was between Rs 400 to 5000 during his spa...

False fir against my husband lodged by his mother for property

My husband has a property in virar bought in 2012. He added his mother name as second holder in good faith.we got married in 2014 and decided to move as she was not treating me well. She was staying in the same house along with his 2 younger brother of age 28 and 32. For 2 years they have not paid maintenance. My husband along with his mother decided to sell the house and after deduction of all...

Transfer of property share after death of one member

There is a commercial property on my fathers(1/4 share) and two uncle's, one uncle owns 1/2 share and another uncle owns 1/4 share. After my father's demise, his 1/4 share was divided equally among me, my mother and my brother, each having 1/3 share of father's share, i.e. 1/12 in whole property. Couple of months ago my mother also passed away, and she has made a will in which she has m...

Fraudulence against an unregistered document for a value 15 LAKHS

Dear Sir, I made an agreement with a close relative to buy his Property worth Rs.35 Lakhs, and paid Rs.15 Lakhs as advance, and the remaining amount is to be paid off with in an year. We prepare this document on a Stamp paper of Rs.100 which is signed off by both of us with witnesses, but it was not registered, as he was a close relative and I trusted him. The date as mentioned was on due in 4...

Same land got registered twice

My mother bought a land 3 kattha 10 dhurr in 1991 in Siwan Dist of Bihar from Mr Raman Singh.Mr Singh sold the land to my mother after their anchesteral division of their land which was done in 1990 among Raman Singh and his brothers.Lateron my mother sold a part of land 1 kattha 5 dhurr to a lady and rest she kept for herself. Later one lady named Chhati devi get the same land the piece left ...

Noc from lendor for home loan

Hi, We have applied for a home loan from a co-operative bank. Our builder has been lent money for the project by IDBI bank whereas we are paying our installments to Union Bank. Hence, we need an NOC from IDBI bank for mortgaging the flat. The builder provided us with a letter they have from IDBI when asked for it. Below are the contents of the letter. Kindly help me in understanding what exa...

Bonafide Use

I bought a shop on Pagri basis 25 years back in a building but do not have a receipt of that. In year 2010 the owner of the building sold it to a builder mafia who now has filed eviction petition for bonafide use as the shop is on a prime location. In the petition he has annexed the sale deed with self prepared site map and not the one which was there at the time of registration. Though the sit...

Builder distress

My father is the landlord and entered in to an agreement with the builder in 2002. Here are the issues: - He took more than 10 yrs to complete the building and gave possession without proper OC (now we have received a notice from the Building proposal department of MCGM to vacate as we do not have an OC)- What action can we take? - He has still not done the registration of our flat. He fears ...

Change in builder's plans after registration

In 2014 I bought a (yet to be constructed) flat from a relatively new builder in Mumbai. It was a 20-75-5 subvention scheme. I made my initial payment and the bank also made its 1st payment to the builder. We also paid the stamp duty, service tax, VAT and registered the sale as per law. Due to various delays and stories, the builder never started the construction. It has been more than 2 ...

Right of second wife's children on ancestral property

My father married to my mother and I am only child(male). My father lived in a far city for his job later on my father kept a second lady with him without my mother's notice. we lived in hometown and he use to come once or twice a month to hometown. later after many years, we got to know that he had a second wife there and she was having 4 male children with him. my mother didn't fight with m...

RWA forcing residents for new maintenance model

Hello Sir, I am resident of a Private Society in Bangalore, Karnataka. We have RWA in our society which is run by few residents on the society, however its not registered under any law. Currently we are facing issues with the Maintenance Model. So far we had SqFt model, but now we are being forced to move to Flat Maintenance Model where each flat's water usage is also considered equally i...

Complications in selling a jointly owned property

Hello, My question is regarding our ancestral property (house and land) spreading over 2 Kottah 11 Chataks owned in the name of my late grandmother Smt. Namita Mukherjee, mother to 6 sons and a daughter, my father being the eldest son. All the 7 heirs are named in the Mutation of the property that was done about 2 years ago at the local Municipality in North Kolkata. There has been no partit...

My Father was not interested to Give us a home

Respected Sir, This is Potnuri.Surendra from Gajapathinagaram(Md),vizianagaram(Dt),Andhrapeadesh. I have a very big problem on my self sir.We are already provided by court with my mother and others.But No Truths in Reports by Judge and No fact by Lawyers. Every One Respected only Money.Not for Humanity. We need only real rules and True only sir.We are not telling a Lie's.We don't want to ...

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...