Legal questions on Property Law

Buying property in resale of but yet possession is not given

Dear All, I had bought one flat in resale recently in month of MAY2016. I have two query regarding this deal. 1.) I had done this deal via property dealer and he is known person via my one friend so I had faith on that and without meeting with owner I had done deal but he was taken benefit of that faith and done some scam means he told me some deal is done with seller on 35.25 lac but other...

Can a mother transfer a property by will to his grandson?

Hi, My father who is the owner of self acquired property transferred his home in the name of his wife (my mother) who is a housewife.. my elder brother has taken a loan of 20 lacs with my mother as co-applicant for construction of that house. Me n my elder brother both are paying the EMIs in equal share. Hence, even if the loan is in the name of mother ( in whose name the property is registere...

Family Dispute on Selling a property.

Dear Sir/Madam, -Will created by : Shanta Bai (Expired) -The person who has created the will has 3 son's. amongst them one has expired. -Will of the property are written to the name of the will creator's Grandchildren (4 Grandchildren) -Property Details. *It is a 40*60 site. Inclusive of 4 houses respectively. (4 houses are divided amongst the 4 grandchildren, as specified in the will)...

My father have been evicted me from properties

My father took a shop on rent approx. 35 yrs back on their personal name as mention in rent deed and start a ?firm under sole proprietorship of my mothers’ name. My father had not any rights in such firm. The firm ?was running very successfully and earning good margins.? The title of firm was “M/s Vikas Kumar Vinay Kumar” as me Vikas Mehra and my younger brother Vinay Mehra. ?In 2009 my mother...

Tenant (a lawyer) not vacating a property

Dear Sir/Madam, My name is Stephen. In 2009-10, my wife & I bought a property (flat) in Vishakhpatnam, AP. We resided in Bangalore. In 2010, I moved to Australia and my sister-inlaw in Vizag rented the property to a lawyer for 1 year. We did not have a property agreement. Its been more than 6 years and he has not vacated the premises. Manytimes we spoke to him asking when he will leave but he ...

Not paying booking amount bu builer

Dear Sir, i booked a flat in banglore 2013 and they commit me to give possesion in dec 2014 but they fail and yes there is no written commitment from builder. in june 2015 i cancelled that flat and purchase another one. now i am followup with builder from last one year to return my money which is Rs. 652000.(20 % of flat cost). in last meeting they offered me another property because in that p...

Need advice on Agreement.

I have finalized a property in Under construction apartment (Possession in next 6 month) and I have taken copy of sample agreement for checking. The society having 3 buildings, 2 are already ready and builder has given possession also, and for 3rd builder is assuring to give possession in next 6 months. The builder is having a firm of around 8 partners and the land owner also have many fl...

Legal Guardian but Signed Sale deed as "Constituted Attorney"

I have made an agreement to purchase a resale house and paid non refundable 2 lac rupees and got 3 months time to get my home loan sanctioned(In the agreement it is mentioned owner should take the responsibility if any legal problem arises with the property). I have done a verification(By a lawyer) for the ownership of the house and got the documents (Sale deed of Current owner, Link deed, Porc...

How to Partition muslim property(by mutual consent)

I am a muslim person. My mother died when I was 1 year old. My father re-married again and i have 4 step-brothers and 3 step sisters. My father died 10 years back leaving no will etc. Now my step-brothers have started selling our joint non-partitioned property. When I came to know of it I filed a case in Court asking for stopping of this illegal sale which was not partitioned. After the filin...

Fake agreement was prepared with family witness

Dear Sir My-self Kuldeep Kumar and my wife name is shashi Gupta from Ludhiana. We have some query related to property dispute which we are define here. Kindly attentions on some serious factor are here and please advice to how to be sort out. • What is validity of India non judicial paper amount of 500 & 5 rs/- • Can the Family witness is authentic on sale deed agreement. First witness...

Owner deducting more money

Hi I stayed in a flat for 20 months, 11 month agreement is over. i have renewd only by words not in agreement for the next half. 1) As per agreement, Notice period is 2 months. but i have vacated the house in one month of notice. He charged one month rent for the second month notice period. Actually 31st of march we informed him about vacating the house till now he has not given me any amt ,...

Builder has charged me for Club charges and Covered Car Parking

My builder has charged me separately for Club charges and Covered Car Parking as I have paid him Rs. 350000 for this (over and above the flat cost). Recently I came to know that builder can not charge buyers for car parking as per honorable Supreme Court Judgement 2010. I went through the judgement and found that it talks about stilt and open parking but not explicitly on covered car parking. H...

Submitting Original Property documents to Court, in land despute.

Hi, we purchased a plot. when we purchased the land owner is given general power of attorney to my brother, after that land is registered on my mother's name. which is happened in 1989. but during some violence in city happened in 1989 the all records in registered office are set ablaze. So we cant get copy of the general power of attorney (Sale deed) at registered office. Now original la...

Can I still be a legal heir if Tenancy rights waived

I along with my sister and father were living in a room part of old chawl in central Mumbai which has been taken over recently by municipal corporation. There is a redevelopment proposal floated and now the developer is paying the rent to municipal corporation on everyone's behalf. I am currently out of India for employment purpose since last 2 years and will come back next year. The room was o...

Delaying in possession

I have booked 1 bhk by my hard earned money in rajnagar extension Ghaziabad in Red apple homes in 2012. I was committed that i will get possession in next 3 years. At that builder did not have GDA Approval and told me that in next few days they are likely to get approval. Half approval work has done and half is left, so very soon they expect approval from GDA. But unfortunately this approval pr...

Car Park allotment

Dear Sir, A Memorandum of agreement was made on 12/12/2010 on purchasing a flat with the builder. The apartment consists of 9 no’s of flats (Three no’s at Ground floor, 4 no’s at First floor and 2 no’s at 2nd floor) with only 4 no’s of covered car parking shown in the drawings which is given by the builder along with the agreement. I was asked to allot me a for separate car parking while ent...

Property share

My Husband and his dad had estranged relationship. When my father in law passed away, we were not told about his demise. Anyways we made to the funeral and my husband being the eldest son performed the last rites. Now after some time my mother in law and brother in law told my husband that my father in law had disowned him before his death. My husband is not greedy about his property but we sti...

Bipartite nomination agreement

Respected Sir, I am buying a ownership flat (completed) which was allotted to someone else (not registered) and this deal has been approved by the developer. I am concerned about the use of term 'Bipartite nomination agreement' instead of sale deed and the content written in it. It will be extremely helpful if you will advice upon the completeness and sufficiency of this agreement for the purp...

Agricultural land sold at enormous rate

Does selling a piece of agricultural land at a rate way higher than that defined by government beget the trial for the owner and broker? I bought a piece of land in Bhilai, Chhatttisgarh from a broker on a trust basis. The cost incurred was 23 lacs rupees. I was so naïve that I didn’t even bother to scrutinize the details back then. Now, when I’m all out to sell this property, I got to know ...

Which is the best option for transferring property - will or gift

We have a two-storeyed house in Kolkata. It is in the name of my widowed mother. The property got transferred to her name after the death of my father as per the will executed by him. We are two brothers and one married sister. Now my mother wants to make a deed in order to transfer the property(the said house) in our names after her death. She also wants to make it clear in the deed who will g...