Legal questions on Property Law

Indemnity bond for unpaid stamp duty and registration on property

Hello, We are planning to buy a flat from a seller. After giving a token amount, and viewing chain of documents for said flat, we realized that Builder sold to a in 1975, a sold to b in 1985, b transfer deed to c in 1990, c sold to d in 1991, d sold to e (seller) in 2011. I(purchaser) will be buying from e (the seller). Out of above 5 transactions for said flat, 1975 & 1985 transaction...

Notice period for vacating a rented property - misinterpreted

Hi community, I live in a rented apartment in Bangalore and am planning to vacate it. I tried calling the point of contact for informing him of the same but his phone number was invalid, after a few days I wrote to him and finally gave him notice of 30 days on 20th April absorbing the loss of the few days I was unable to reach the person. However to my surprise the owner's representative...

Can builder give possession before receiving the completion certi

Dear Sir, I have purchased an apartment in Noida ( Aditya Celebrity Homes , Sector 76 Noida) which was under construction at the time of purchasing. The completion certificate given to the builder by the Noida Authorities in September 2015, where as the builder started giving possession much earlier even without the completion certificate. I have not taken possession at that time due to absenc...

Builder has any right to own rooms in clubhouse

Dear Sir, I've seen a thread on builder owing clubhouse until all the houses are completed and association can utilize services and pay the builder the maintenance charges. The situation , in crisp, that we have in our community is: 1. Builder is the verge of exiting as all construction is complete except swimming pool. 2. its a venture of 130 villas of which 70 are occupied already. 3. Gym and...

Power Of Attorney

I will start with an apology as I may go overboard trying to explain the situation. 1. The owner initially took an amount X for the property. 2. He even did a sale deed towards the advance 3. We found the property has a mortgage in a nationalized bank 4. The deal did not move for a while. 5. In the year 2012 when the bank attached the property the seller pleaded with us and we paid again a...

Way of access for landlocked property

Hi we have a piece of Land in Danapur, Patna, area approx 11.5 kattha(15000 sqft approx) This land is divided between 4 brothers. and this piece of land is surrounded by other land Our land is not near to main road and A builder have bought all land which are small in sizes and which are surrounded by our plot. from main road which is 35-40 ft wider, there is a plot of person A(area: 4000 s...

How to save my land?

Sir/ Ma'm, I gave my paternal share wet land to my elder sister for lease but when i asked her to handover my land back she refused with greediness then i filed suit against to my sister but mean while she sold out my land to some A along with her share and shifted to distant place, and that person A sold out to person B while court trail is on at last by God's grace i got my land back by the...

Refund of booking amount -Shantee Builders

Respected Sir, On 12th Dec'2015, I booked 1 BHK flat on 6th floor (underconstruction) and paid 10% booking amount which Rs. 1,94,250/-. I was told that the registration would happen after a month since the partner was out of town. In the mean time, my band asked me to provide supporting documents in order to take loan hence I provided the same. Later, I came to know from my bank the builder ...

Sons rights in remarried mothers property

Situation: child A born from an earlier marriage. divorce issued, minor child A is in father's custody. mother remarried and had child B from current marriage. child A & father is citizen & resides in India child B & family is citizen & resides in the USA Assume mother has a valid and legal will that was prepared by an attorney / advocate. What right does child A (India citizen &...

Owner's association issues.

Hi, Greetings... I have certain queries pertaining to property law. Let me have your clarifications on these. We stay in Chennai in a flat comprising 84 apartments. 1. In a flat owner's association, can the election officer and assistant election officer be selected from non-owners, but a resident, without any legal backing. 2.Should the election be conducted on a democratic basis, ie. ...

Need legal advice regarding property sale

My grandfather and his two brothers opened a tailoring shop in a partnership business model in Kolkata. each one of them had 6-7 children. before they died each one of them nominated one of their sons to inherit the ownership of the shop. my grandfather nominated my father for the ownership. but since he was a lawyer himself he decided to transfer the ownership in my mom's name to avoid legal c...

Restitution of land

My mother had around 22 acres of land in her name since 1997-1998. The land originally belonged to her grandfather and was given to her after her marriage as a way of avoiding it being most under the urban land ceiling act. The 7/12 papers were also in my mother's name. My mother's younger brother, desired that land, and conspired with my mother's younger sister to commit fraud. All these th...

Flat handed over without amenities like RO plant,swim pool etc

In Chennai, the builder agreed to hand over possession by 31.12.12 through agreement.The project carries amenities like RO plant,swimming pool, club house, Gym etc. Flat handed over through a letter in Sep'15 without the specified amenities. Even till now the amenities not completed and project not handed over. We have paid the cost including amenities but builder delays. The agreement say the ...

Owner deducting random amount from our advance

We were 4 girls and we lived in his house for 1.5 years. The house was not painted when we moved in. We spoke to the previous tenant, the house was not even painted when she had moved in. So, the house has remained unpainted for 4 years. Now, once we have left, the owner is refusing to give back our advance amount without deducting 1 month's rent as expenses for painting, cleaning, repairs,...

Registration or Regularising

Hello to all, The flow my issue is as follows- 1. My dad has received a property on the basis of a GPA (unregistered) in the year 1990. It was not registered as the Govt. had stopped registration at that point of time (may be for few years). There is an express clause in the GPA, stating that owner himself will come and complete the registration in the future after govt. resumes registration....

Division of property (land) bought together.

I had bought piece of agriculture land with my father in law in a small town. The purchase was done in year 2011. we both share 1/2 part in this piece of land. I live in New Delhi and never had any direct control over this piece of land. It was all in good faith. My father in law is now ILL and now we do not want to keep this land. I wishes to sell it and use the proceeds for something else....

Land Dispute Issues

Hi, I bought land by an agreement with the seller(C) measuring 50ft by 47ft in a certain suburb. The seller gave me the original agreement he had exchanged with the original vendor. I immediately constructed three boys quarters and a pit latrine. After some three months, another person(B) came out with an agreement showing that he had purchased the same plot but measuring 47ft by 61ft from th...

Property issue with relatives.

I hail from Kolkata however due to ailment of my sister we moved to vellore, Tamil Nadu around 18 years back. She was treated in CMC, vellore. Since then, we are settled in vellore. In between this time, my grandmother expired(my grandfather had expired prior to this). My father had three brothers and two sisters. My father being eldest of all brothers and second eldest to a daughter. The daugh...

Fighting property fraud from last 10 year, can we expedite case

My family after staying in rent house in mumbai goregoan for 20 years tried to buy our first house in the year 2004. We had a deal to buy a resale flat in old with the owner who had two flats on the same floor. We had a deal to buy 1 flat for 10.50 lacs. Out which we paid 2.60lacs to society of the building by check as they had outstanding due towards society and we paid 3 lacs to the owner. W...

Property Dispute

Dear Sir, I am facing one of the property dispute and I need your suggestion and help. The background of the property is as follow: My Grandfather has two brother in which from my own grandfather he has two son and his (Grandafter's) brother has three daughter. All are married. My grandfather's brother has died very early and all his property belongs to his wife. Now she (My Grandfater's b...