Legal questions on Property Law

Sucession rights of married christian daughter

Hi i am looking for legal opinion on my rights over my parental property. We are three sisters and two brothers. My father died while we were minors and only my eldest sister was over the age of 18. My father had died intestate and the landed property was subsequently (after my marriage) divided between my brothers and my mother with my brothers receiving an equal share of 80% of the original p...

Flat not vacated by tenants despite notice

I, handed over the keys of my flat on 21st Nov15 with a mutual consent that the tenant will take the responsibility of executing register agreement for which the expenses will be born equally by both the parties and it will be actioned immediately. All the required documents were handed over to them in the month of December itself. However post repeated follow up the agreement was yet not done....

Illegal Possession of Land by GOvernment

Hi Sir, I have a query that I inherited a Agricultural Land from my grandfather, A national Highway got passed through in between of land, so a part of land got into the road, When I inherited the property I was a minor, Now when I am now 33, I realised that the total sum of land available to me on spot is less as described in the Khatauni(land records), when I searched further then found that ...

Not returning security deposit

Hello sir we are facing the problem of advance security deposit. the landlord wants to forfeit the money. he we complained him that you are charging so much electrcity bill which is not air in any term. he told us to vacate the house by end of month we said ok , we will vacate , on last day we had asked for advance ,he said he will give us on 5th of next month. when we talk to servants the...

Underconstruction Property - Construction stopped by builder

I purchased a flat in Greater Noida west under newly launched project in 2012. Now builder keep on launching new towers in this project but almost stopped construction on Phase 1 towers after 1st floor (30+ floors & 45+ tower project, 20+ under Phase 1). I paid 6 installments on time which is almost 45% of the cost till now under CLP. Last year I stopped last installment as builder is asking...

Title Deed Clarification

I am planning to purchase plot at Hyderabad. When I checked the documents then I found that following: 1. Four old people executed GPA to a person A in the year 1983. Questions: a. When I check document ID then its mentioned as xxx/1983. Whereas, its being singed in the year 1985. Can this happen? b. This document is NOT available online. In other words, I am NOT able to see this d...

Who has the rights of property?

Respected Lawyers, I’ve an issue related my Ancestral Property. My Forefather Vidya Narayan gave a property/ building to his youngest son Prem Narayan (in 1975) which had 4 shops on ground floor and a residential flat on first floor. In the will he also mentioned that 1 shop out of 4 would be in custody of Shiv Narayan (my father and Vidya Narayan’s eldest grandson) forever and Prem Narayan ...

Family Property Dispute

My uncle has 2 sons (both married) and both sons living in house constructed by uncle (not ancestral house). However there are regular disputes in family and to avoid further dispute elder son want to get separation from his younger brother and parents. However, parents and younger brother are not willing to provide equal share to elder brother in property and family assets. In view of abov...

Joint property share

My husband and his parents has a 2bhk flat in joint loan.his parents paid 37 lac as down payment at the time of purchase(black money).however my husband never stayed a single day in the flat once we got married as he got a transfer to other state.since 5 years he is paying 25 thousand as the emi and since 3 years he is also paying house rent in other state of another 25 thousand.Till now he pai...

General power of attorney

GENERAL POWER OF ATTORNEY WHEREAS, on account of death of my brother in law, late Shri. ------------------, I have inherited undivided half share rights in the landed property known as -----------, situated at --------, within the limits of ------------ Municipal Council, which is surveyed under survey no.---- of village having area admeausirng about ------ sq.mts. AND WHEREAS, due...

What is succession certificate ?

Respected Sir/Madam, I am a 40 year old woman from Thane. I had purchased my flat here in 2003. It was owned by me and my husband in joint name. But after sudden death of my husband it later got transferred to my name only. I have a daughter who is 20 years old and a son who is 13 years old. Now, I am selling the flat off to a decent party and they are purchasing it through a loan from the ba...

Parition/Possession of deceased father's property

To outline: I am the elder of two sons, but have been living mostly abroad since late 70's. I moved back to India with my wife and younger son in early 2012, and intended to stay in this home, however my brother (and his wife & two sons) & my mother did not like this idea, and have been very negative towards my family since long. I do not have any properties due to circumstances abroad. I...

Gift Settlement in favour of one son ignoring the other

Hello All, I'm Arvind and I'd like to start by thanking you all for this wonderful service. Whole heartedly appreciate it. Now coming to my query; my grandfather, who has been dead for a year now, has carried out a gift settlement of our house, which is (or rather was) in his name in favour of my uncle (my father's only brother) in the year 2014 without our knowledge. In the year 2002-...

Daan given by nanaji

In the year 2009-2010, my Mamaji had tried to sale my nanajis house as he need money on urgent basis. My nanaji have asked my 2 masiji to purchase but both were not in the position to purchase the property. Then my nanaji have asked my mother to purchase the property. As the total area where tge property is located have only registration permission but can not transfer in books of records (dakh...

Adv. T. kalaiselvan

Sir, I have one real sister and one step sister ( Mother Same father diff.). My father has purchased a land in Surat ( Gujarat). My father expired in 1982. In 1988, as per Hindu Varasai was done that time my mother, myself and my real sister name was included. My mother and my real sister has waived their right and the land was transffered on my name. The Talati at that time not included my s...

Optimal utilization of Vacant Land

Hi, I have certain chunks on lands ranging from 2500 square meters to 5500 square meters (relatively rectangular in shape) in the Western Suburban region of Mumbai, India. These lands have been reserved for Public Garden since the year 1967 and the reservation continued in the Development Plan of 1991 as well. The reservation has again been retained in the Draft Development Plan 2014-2034 o...

Can transfering property by gift deed be done through a GPA/POA?

Hi, We Informally are in a possession a residential property, whose possession we hold since 33+ years but was actually bought a still before. My grandfather had bought it and registered it in the name of my grandmother's Sister (Note my grandpa has only one wife), and had got a will registered saying that after demise of my grandmother's sister the property will be inherited by my grandmothe...

Question regarding plot encroachment

Hello Sir, I am a NRI residing in the USA. We have a plot in Hyderabad and my father gifted a portion of the plot to my sister on her marriage. The original plot was registered on my father's name and my father expired in 2009. My brother-in-law encroached to our land and constructed 5 floors building. I engaged a licensed surveyor to survey the entire plot, my sister building and remaining...

Seller absconding after taking advance from other party

Hi, I bought a property and i have original sale deed, khata certificate, and EC in my name. Last year somebody filed a case against the seller. This is how events have taken place - Seller takes 25 laks advance from another person, and promises to sell the property. This is recorded with DDs and written agreement on a stamp paper.( this agreement is not registered ) - Seller gives ...

Landlord not returning the deposit

Sir I rented a studio flat on sep 6th 2015 for 11 months period with security deposit of 15000. On 4th February 2016 my water line got cut when we enquired the secretary of the flat we came to know that the owner has not made any water bill since 4 years which is like 13000/-. So TMC had removed the connection. In the agreement it is mentioned that licensee don’t have to pay any water bill. W...