Legal questions on Property Law

How to cancel the modt without original modt certificate

Cancellation of Registered Mortgage Deed w/o Original Mortgage Document I am the current owner of the property registered in the year 2011 as sale deed. I got to know through the encumbrance certificate taken recently of past 25 year that the erstwhile owner from whom I had bought the property had taken a loan in 1991 & 1997 respectively but had not cancelled the mortgage deed in the regist...

Maintenance Charges prior to Registration

Hello, I have booked Ready to move flat in Bangalore in Dec 2020 & planning to go for sale agreement now and registration afterwards by Jan end. Construction was completed by Q1 of 2020 & builder started allocating flats by June 2020 Now, as I got my cost breakup for sale agreement, i can see 51000 being charged under title of maintenance for year. Earlier, i was informed by sales p...

Sell the property after getting the notice from the district court

I wanted to sell an empty land and had an agreement on a plain white paper with a buyer in Feb, 2020. The property is in Karimnagar district while I reside in Hyderabad. The buyer gave me 1L as advance. He then failed to give the remaining money as prescribed in the agreement. When I called up the mediator he mentioned that buyer will not be going ahead to buy the property. In Aug, 2020 I foun...

Can Partners sale the immovable property of Registered Partner firm without consent of other partner

Dear Sir We have Registered Partnership firm consisting 5 partners each having 20 % share. Previously in 2011, all 5 partners sold 8 Acre out of 12 Acre land which is in the name of firm. I, as Fitfh partner also signed that agreement of sale. That time four partners didn't gave me any amount or consideration in my account as 5th partner for this property sale. All other four partners at tha...

Neighbours Intimidation

Dear Sir/Madam, My family moved into a flat 2 months ago as tenants in rented accommodation. During occupancy we were asked to take up a small task of building maintenance i.e. switch-on water motor everyday for 1 month for once in every 6 months. The residents of the building also take turns in doing the same. This was the only task as part of building maintenance that was agreed between m...

Land registration queries

There was a piece of land from East to West in length and belong to a person who has four children A pandit, B pandit, C pandit and D pandit after his death they distribute the land among themselves in sequence from East to West. After some time Mr. A pandit died and his wife sold her half of the share to Me from East and half to Mr. B pandit from West, after some years B pandit also died and h...

Process to evict a tenant

In view of Bombay High Court order; The Full Bench comprising of Chief Justice Dipankar Dutta and Justices AA Sayed, SS Shinde and KK Tated passed the order Court clarified that any eviction/ dispossesion/ demolition can be carried out after January 31, 2021 only with order passed by any competent court. Date 9.12.20 Source: https://www.barandbench.com/amp/story/news%2Flitigation%2Fb...

Need help on the maharashtra restoration of lands to scheduled tribes act,

I am a farmer & having land of 3.5 acre from 25kms from Amravati. My farm was purchased by my father in 1986. Few days back we receive legal notice from one fellow claiming for my farm, with whom we never deal. He is claiming himself as ADIVASI & land was sold by his father in 1979 to another person. After application we receive land record which show his father possession period from [del...

Partition and possession of ancestral property

My parents in law were expired without making any will. My husband have two brothers and he (my husband) is the younger one. The eldest brother also expired. There is ancestral property which is in my father in law name on records. but now the wife of eldest brother (who is widow) threaten us that she will kill us but not give our share in ancestral property. please guide any solution as per la...

Owner not willing to give deposit amount, even after providing 1 month notice period

We had moved into a 3bhk flat and had a agreement for 11monts. Due to covid situation we were going through financial issues so we asked our owner to reduce 50% of the amount if he can but he agreed for 15% of rent which we were still very grateful about, also both the parties agreed on that the amount is to be reduced since we won't be able to return him the reduce amount later if he ask so. S...

Right of a Son on Ancestral Property now in the name of Father

A person has three sons, he is living with eldest son the younger son lives separate from home and youngest lives on the first floor of the property of his father constructed by him with no proof of construction as well as no proof of registration available with him. The agreement to sale has already been implemented and after the sale deed implementation the youngest son demands an additional ...

Land purchased in 1998 but not registered. Who is the owner?

Dear Sir, My father purchased a land of 33 decimal in 1998 for Rs. 15,000, from a person named Nagen Das. But they did not register the land at that time & also no deed & money receipt for the above transaction. Now in 2020, Mr. Nagen's son Ujjal Das, has has denied to register the above land. They threatened that they will take legal action & not agree to register. We are living in a vil...

Refund of amount for the property purchased due to a govt borewell present inside property

I have purchased a property from IDBI BANK LTD under sarfaesi act. On the same day when bank took physical possession it was handed over to me giving me a handover as well as sale certificate at the site. After that I came to know that a govt borewell and encroachment of CNT as well as govt land is also there inside the campus. After two days of my possession the first borrower repossessed the ...

Builder issue

Madam/Dear Sir, I am a resident owner of a flat at Bhubaneswar. 200 flat owners are staying there in the apartment. After a long demand the promoters have allotted the parking space to the resident owners with inequality in allotment. The basis of allotment has not been mentioned in the registration or sale deed. Parking space allotment fee is only mentioned in the registration without menti...

What is proper line of action(Legal remedy) to resolve the matter?

Background: My mother purchased the land in 1996 and was cultivating it till 2014.The previous owner lodged various revenue and court cases claiming that part of land was sold by his father to some of his close relative, way back in 1978.There is no claim, revenue records till 2002 to support his or his relative’s claims. Till 2012, In all the cases launched by them at various levels up to high...

NOC not obtained hence buyers name will not be endorsed on share certificate.

I sold the flat in coop housing society in december 2019. Buyer was introduced by chairman of the society and okayed. He gave format for taking signature from the residents of block which was duly completed as no one had any objection. Further an affidavit duly notarized was asked for by the chairman and was duly completed and submitted. No dues certificate was also given. November 2019 we were...

Pocession issue and mentally tourchered

Sir I buy a house in one society whose deal done on 04 Oct 2020 by clarification of 55%ammount paid by me with in one month and as loan sention sale agreement done As loan sentioned on 27oct 2020 I do my side peyment by 05nov and sale agreement done on 10nov after that on 27 Nov 2020 bank releases 25.2 lacks to builder remaining ammount is 2.80lacks as I mentioned all to builder I need house ...

Refund From Builder

Dear Sir, I paid Rs.2 lakh to builder for booking amount of plot.After legal verification they were not able to provide all the documents asked by my lawyer so builder asked me to cancel the booking and agreed to refund the booking even they have given a written letter head that booking amount is refundable in case of cancellation. But when i cancelled the booking and asking for refund they ar...

Lease Agreement issue

Hi all,, My mother has made an lease agreement for one of our house in 2013 for 3 years for 50,000/-. In 2016 she has signed an extended lease for 3 more year with additional lease amount of Rs 50,000/-. I was not aware of this since my elder brother and mother have signed the lease agreement. In year 2016 my mother passed away and extended lease agreement has expired in year 2019. However the ...

Ex-Flatmate cheating on security deposit

I moved in to a rented 3bhk (35k total rent, 11667 per person) house as a replacement in Haryana , the lease agreement was in the name of 3 individuals, 2 of them were my ex-coworkers and the other is Mr X (who is allegedly keeping everyone's share in the deposit) I replaced 1 guy in that house (1 of my ex co-worker), gave him his share of security deposit (22k) and started living there in Ja...