Legal questions on Property Law

Arbitration Clause in builder buyers agrement

I have a flat and possession need to be offered in Feb 2014 but as per current situation possession cannot be offered in another 1 year or so. Apart from this builder created parking ramp in front of my apartment but as per layout in my builder agreement it should be park and water front. When I raised this issue then he sent me an sole arbitrator appointment notice and started arbitration unil...

How to claim the land property from the maternal side?

Hi Sir, My brother and sister in law both have expired. They have one son and daughter of age 16 and 14 years respectively. Their maternal grandmother (earlier) and grandfather (later) also expired. They have 5 daughters (no son) of which my sister in law is fourth one and the last girl is mentally disabled. They have approx. 9-12 acres of agricultural land. This land again part of it is inher...

Issue regarding the co-ownership of currently dwelling flat.

I am a resident of Mumbai. The flat that I am living in right now was bought 3 years back. It's in the name of my maternal aunt and me, my maternal aunt's name being the first, and mine second, in the sale deed. The percentage of shares owned by my aunt or me is not mentioned anywhere in the sale deed. My aunt has entirely paid for the flat, and is currently paying the maintenance and electrici...

Love marriage. Property share.

It was our love marriage. 13 yrs back in same cast. But my husband belongs middle class family. We are muslim caste. He was our tenant. My father agreed for our marriage. But my mother, brothers. Sisters. Were against. However he did our Nikah in Mosque. Our family members never spend single piase on us. But my father has kept everything for marriage. Like cash in lakhs. Jewelry. Household its....

Partition disputes

Hi I have purchased a property from Mr x in 2013, it was a built house and had corporation khata in x name in bangalore city. Currently paying house loan EMI and had all the legal documents and bank loan taken Mr x purchased from Mr y in 2005. Mr y purchased from Mr z in 1995. Mr z purchased site from Mr A in 1980, later Bangalore development authority resold it to Mr z by giving...

Unregistered Lease Deed

A charitable Trust took a building with land and compound (Independent building) from a Power of attorney holder of a US citizen for its' business. The first lease deed was executed in 2006 for 2 years and subsequently renewed it for 2 years in 2008, 2010, 2012, 2014 and last lease expiring on 2016. All these lease deeds were unregistered and there is a clause stating further renewal under mutu...

Land cheating

Sir., We (20members) have purchased a land each 300 sq. yards from landowner in year 2005 with the cost of Rs. 180000/- each( each square yard cost Rs. 600/-) but the registration cost is about Rs.60000/-. After passing seven years i.e., in 2012 we noticed that the land owner is cheated by way selling this land 2nd time. We requested him to pay the amount with Rs.2/- interest “ or” sho...

I have been nominated by my father for the flat

My father expired on 17th April 16 without making any will. I have 2 younger brothers and 1 sister. We all are married. My 2 brothers got married out of our religion and they have moved out immediately after their respective marriage 20 years back. I was staying with my father along with my family in the flat owned by my father and still I am continuing to reside in the same flat. My father whe...

Cancellation Process and refund

Respected Lawyers, I have bought under construction flat in oct 2015 and made initial 20 % payment and was remaining 80% from HDFC home loan as I have already approved sanction letter from HDFC bank which was going to expire in Jan 2016. At that time project was not approved from HDFC bank but builder told me that it is already in process and will be approved in Nov end of 2015 so I have p...

My landlord refuses to give part of my security deposit back

I started staying in an individual house in North Bangalore in the eve of December 2012, and have paid a sum of Rs. 1,70,000 as security deposit. The nature of the problem that I am facing is as follows: 1) Whilst taking the apartment on rent in December 2012, and discussing the rental agreement terms, me and landlord had formally agreed on all of them, and had deliberated them in the writ...

Parental Property

Hi , I have a question non behalf on my mother. My grand parents adopted a boy (my uncle) assuming they don't have chances to have kids and few years later my mom was born. Biologically she is the only daughter of her parents.My grand father expired when my mother was below 5 years. My uncle sold the house of my grand parents taking the signature of my grand mother during her eye operation(c...

Property

A half ground fully built 2 storied building was surreptitiously sold (on the basis of the interim ruling my the Court) ¾ of their share by my estranged sister in connivance with my elder brother and brother in law for a pittance on 27th August, 2010( for 12 and half lakhs) . On the basis of the land prices effective then in Central Madras it would be around 26 - 30 lakhs! I alone have been liv...

Tenant refusing to vacate (in Bangalore).

Please could I request help in resolving the issue I have with my tenant. He has been renting our flat in Central Bangalore since the last five years (since 2011), on a Leave & License agreement for 11 months, renewed periodically. It also states that the rental increase is 5% every 12 months in the same. The rental he is paying currently is well below the current market rate for the property. ...

Car Parking + Substandard Work

I had purchased a flat in the year December 2015 from the landowner (not the builder). While negotiating we were told that the car parking allotment would take place after the builder gets the completion certificate. it was also confirmed that we would be getting the first preference when the allocation process would be carried out. When have demanded at that time to include in the agreement...

GPA issue, and lost built house

My father in law purchased a site by GPA back in 1999 and constructed a house in 2000 in Bangalore. Prime locality now. When construction came to an end, he had purchased the site by owner by a GPA. There were 12 sites like this he had sold and my FIL was first to construct the house. When house was at the verge of completion, owner claimed back the site using rowdy power and my FIL lost the...

Case about property in family

My father is an illiterate. due to that my uncle made my father to sign his property to his elder brother. that property contains total 8flats which is divided into two parts. backside 4 flats belongs to my father. frontside facing road his brother took. 7years back he done registration. as we don't have enough money for registration we made ours recently 7months back. both the flat agreements ...

Request builder to waive penal interest for delayed payment

Dear Sir, We had recently purchased a residential apartment and had received the presanction letter from the bank with a clause mentioning clearance of credit card outstanding before 2nd disbursement of the loan. The first disbursement was made to the Builder based on current slab completion and payment schedule. On the next demand for the 2nd subsequent disbursement the payment from bank to...

Notice u/s 41A crpc

I have entered into a MOU for development of a property in 2012 with the owner, it was an unregistered MOU, but due to financial crunch I couldn't start the construction work till 2014, but by this time I have done the land development & getting the sanctions from the authorities. Then I decided to hand over the project to a third party, accordingly I approached a West Bengal undertaken PSU for...

Case details about guideline value.

Hello Sir/Madam, compliments of the day to you.. my name is hari and im an engineering graduate.. we had some agricultural based land in the rural area of vellore district in tamilnadu which took over by the railway government in the year 2000 for the construction of new railway line between arakkonam to thakkolam because the existing line passed through the area of indian navy, the defence...

Charges levied on Club and Recreational Facilities

Hello Everyone, I am a resident of Forum Pravesh Apartment in howrah, Kolkata. During the purchase of flat, an amount (Rs 50,000) was taken from every owner in terms of development and usage of recreational facility (Club, swimming pool, gym etc) however now every month a charge of Rs 500 (per person) is levied those who are using swimming pool and Gym. There is an additional charge of Rs 70...