Legal questions on Property Law

Dispute between building developer and promoter of building

We have booked a flat in one of the scheme by giving cheque of Rs. 2 Lacs and 27% amount of flat in cash. Said cheque and said 27% amount of flat in cash was handedover to the developer in the site office. The Developer has also provided us the receipt of cash and further informed us that within few days Banakhath shall get ready for registration. The cheque was deposited in RERA account of the...

My grand father purchased a property in 1932 and part of that given to his younger brother

My grand father purchased a property of 10 decimal in 1942 and a small part of that, 3 decimal given to his younger brother without any documents. My grand father and his younger brother are no more . My grand father's younger brother managed 5 decimal which is more than what he owned which got entered in register 2 in his name. This is learnt recently. In 1999 my grand father's younger brothe...

Is unregistered sale deed validated by district registrar valid??

I have entered the agreement of sale for the newly Constructed House in Hyderabad and gave advance of 1/4 th of the sale consideration. Here the problem is Mr.A Converted the agriculture land into NALA in 1984 by layout of plots . Mr.B purchased the plot from Mr.A in 1985 and executed the sale deed ,but the same sale deed was not registered in SRO. In 2007 Mr.B sold the plot to Mr.C throug...

Owner refusing to give security deposit and advance rent back. Help!

Pg owner is refusing to give 1 month advance rent and security deposit as he claims I didn't give him 30 days notice. The reason I had to leave the pg is that they locked me out twice when I returned from work around 3 am. This was despite informing the caretaker beforehand to open the gates around the said time or to leave it unlocked. This caused grave pain and to me as I was left out alone i...

Maintainance Charge in Apartment after formation RWA(Committe)

I have question, I am staying in Apartment condominium. In this apartment there are 3 wings (Wing A, Wing B and Wing C). Wing A and B contain 24 number 1BHK and 24 number 2 BHK. Wing C contain only 2 number 1BHK. In short 1bhk and 2bhk are almost equal quantity. (1BHK 50 Nos and 2 BHK 48 Nos). So, maintainance will be charge as per area of flat or it is equal for all as per apartment act? Th...

UDS is inconsistent with carpet area

We are a total of 22 flats of 6 different sizes. We bought these flats about 35 years ago and wish to go for redevelopment. The flats are on 10.5 grounds property. We have all been paying property taxes, expending on maintenance and repairs for our flats. Until about 2015 we have been paying same common maintenance irrespective of flat sizes. When we approached different builders, we ca...

Builder approved OC / CC in 2018 and not registered in RERA Rajasthan

I am a resident of a 50 Acres Private Builder Township in Bhiwadi Rajasthan. My concern is that RERA act came into to force on 2017 in Rajasthan and basis of corruption / fake document's our developer sanctioned OC/CC by the nominated Architecture on July 2018. Our 1200 family are still waiting for STP, Solid Waste Management Facility, Solar Water Heater system, Boundary Wall, Roads and Rain Wa...

Flat Transfer Through Settlement Deed

Dear Sir, My father & Mother (Aged 88 & 72) have flat in chennai, it is registered in both of their name. I am younger daughter, working in delhi. My father & Mother stayed along with me last 20 years in delhi, My Elder sister is living chennai, In the year 2016 my mother gone to chennai from Delhi for medical treatment (suffering from Dementia (Mentally unsound and diabetics, & cancer). Dur...

Lease Given on Agriculture Land

I am from Karnataka My Grandfathers who have given our Agriculture land to Lease to a Person called Krishnappa in the year 1982-83 and a Mutation Record is showed as Lease to Krishnappa with MR [deleted] in the RTC We don't have the Lease agreement copy with us and we got to know that Lessee Krishnappa is no longer alive We tried to get the Certified Copy from Sub Registrar Office, but...

Nomination in Post office and Bank

Hi Devajyoti , I have a situation and seeking your guidance: Does nomination in post office or Bank means the nominee can withdraw the entire amount in account or in MIS / FD? Reason why I am asking is : My father has made me nominee in his pension account (Bank account) but for the MIS and FD he made in the post office has my brother as nominee. Can my brother withdraw the enti...

Tamil Nadu Rent Court controller or appellate authority powers to recover arrears of rent

The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 Act No. 18 of 1960 2. Definitions. [(3) "Controller" means any person appointed by the Government by notification, to exercise the powers of a controller under this Act for such area as may be specified in the notification;] Since the rent court passed eviction based on TN Buildings (Lease and Rent Control) Act, 1960, Appeal file...

Brother expired without writing a will. How to divide his self acquired proerty?

I, C.Sridhara, aged 74 years, residing in Bangalore, would like to bring the following lines for your kind attention and request your guidance. My brother, C.Shashidara ,when he was 67 years old, without writing a will, expired 4 years back , at Mysuru. His wife was not staying with him for more than 30 years and divorce was not permitted and they do not have any children. His mother, aged...

Share certificate

My father lived in a chawl. We used to give rent to BMC. In 1995, we formed Society & gave property for development to private builder by doing tri party agreement with BMC, Builder & Tenants. In our chaal, there were two sized rooms i.e. having area of 120 sq ft & 330 sq ft. We lived in 330 sq ft room. As per agreement builder agreed to give 220 sq ft area for small(120 sf) rooms & 440 sq ft a...

Commercial building owner tenant dispute

I have rented 1 st floor premises in a commercial building . When I rented ground floor space was occupied with furniture showroom with sufficient parking space in front . But after 1 month of my occupation GF tenant vacated and owner has given GF space to a restaurant . Restaurant guy occupied ground floor entrance and parking space with kitchen Equipments and made entrance narrow for 1 floor ...

Legality of a Public road which is situated till 1960

Hello sir, main village main rahata hu. hamara agriculture land main pakki road se lga hua hain. Vo road 1960 se as it hain. Jo state govt ne banwayi hain. Hamare padosi ka land hamare agriculture land ke baad hain. vo lekhpal se mil kar apne land ka hissa hamare land main claim kar rahe. aur lekhpal bol rha ye road galat bani hain tumhara land is road main hain. jabki hamare yha yr 2009-10 mai...

Non performing asset because of non completion of project by third party

My father aged 72 bought loan in 2018 to do hi tech agri project. Loan was sanctioned based on the project submission from the company who is doing the project. The loan amount got credited to the company account in 3 phases. We do not know what was spent for what purpose as loan amount was directly credited to the company account. It's been 4 years but the company has not completed the project...

Jewelry related

My brother had married 5 years back to my SIL who works in lonavala and have not lived with us more than a day or two. During corona and her pregnancy she was with her mother and My brother came back to us in mumbai and stayed with us post that for more than 2 years now returning back to his wife. Reason unknown. During thus last 2 years and after my father's death in corona he has mental tortu...

Paternal Aunty property division

My grandfather was a self made millionaire. After marrying his three daughters and son, after all his grand kids were born he left all his properties to my dad and about 1 acre of land to all his three daughter as will, but he had an accident and 3 days before his death in 1989 he revised his will to give all the property to my dad, this was witnessed, and registered. My dad and his 3 sister we...

Parking space

We purchased a 2 bhk apt , and after lottery system the society allowed us an uncovered parking space. Now after 4 months the society members have decided to put up a shed and do covered parking. They are quoting a very high sim to be paid by each apt owner , we do not want to pay such a high amount (60 K per flat to put up shed it seems ) we told them to please get a lower quotation but they a...

More than one flat in the society

Hello, Our society is a 100 member society and the MC elections are due early next year. For understanding the voting rights in the society, we have an example where a person holds four flats in the society A. Flat 1- primary owner is husband say member 1 B flat 2 primary owner is husband and joint member is wife say member 2 C flat 3 primary owner is husband and joint member is son say...