Legal questions on Property Law

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...

How to recover security amount if landlord is not returning it

Respected Sir/Madam, After numerous appeals and negotiations with the landlady, after trying all the respectful and lawful approach; informing all the conditions and situations. My landlady refuses to refund the security deposit of Rs 18000/- despite of his own verbal oath. I am here in great need of help to fight for my heard earned money which she took by the name of security deposit agreed ...

Purchased agricultural land, but not farmer

I recently purchased a 40x60 feet plot from a plot owner in bangalore. Seller had purchased plot from developer. The layout has panchayat approval, and I was told the layout has DC conversion. The plot was supposedly in survey number 105 in doddagubbi village, bangalore, and this survey number was converted for nonagricultural purpose. Seller gave conversion order copy for survey 105. For the p...

Bank not Releasing the document after closure of Loan

Hello Sir, I had a housing loan with DHFL Kodambakkam Branch Chennai, while taking the loan my ex-wife was the co-applicant. I got legally divorced in the month of June 2016 and settlement agreement was made stating both of us does not have any obligations each other. July 2016 i closed my housing loan and requested DHFL for my housing loan original documents and they refused to give the d...

Dealing with the tenant

Hello Sir, I had purchased a flat in year 2002 at kondwa locality in pune,it comes under gram-panchayat,right after getting possession I appointed a broker to rent the flat out,and it was given to a person without any legal agreement,later when I didn't receive any rent from him,I removed him out of flat..Later he broke the lock and got into the flat with his old grandmother. And I was worri...

Seller is deceased and require consultation for that

I am about to finalise a property but seeks one major problem i.e. Property is in the name of single applicant and that seller is deceased and before his death he has also entered into a registered WILL authorising his son to take all the responsibility of certain properties including this one and other legal heirs of deceased seller are his three daughters and a wife. Three daughters and a wif...

right in ancestral property

Sir i am sisir mukherjee ex airforce officer.we have our ancestral property on jharkhand. i have 1 brother and 3 sister. Total five sibling. all the sister are married and well settle .my father and mother both died before the amendment of 2005 hindu succession act.father died in 1982 and mother died in 1999. Till 2014 property was is the name of my father. Early my sisters said that we do not ...

Builder not giving possession of bungalow from 5 years

This is a ongoing matter in Dhule, Maharashtra. There is a gang (10-15 members) who operate and grab the bungalows of innocent helpless families. There are local politicians, goons and some police staff members involved in this crime. We had given contract for construction of bungalow at Dhule to Engineers Mr. Anil Deshmukh and Mr. Sunil Deshmukh (Aniruddha Constructions) in Year 2010. Mr...