Legal questions on Property Law

Delay in Property Possession and Maintenance Charged by the Build

I have purchased a property in Greater Noida in 2011 which was supposed to be handed over in November 2013 (in 30 months). The construction is still going on and possession is no where in picture. The buyer builder agreement has a clause that if the buyer default in payment then he would be liable to pay interest on the particular installment. Interest charged is 18% per annum. The Buyer would ...

Date wise registration and forfeit of agreement on failing to do

My mom had purchased a flat with builder during registration the builder asked us to pay 20% of total cost of our flat during registration not suspecting any foul playplaywe agreed to do so.but the registration he drafted was date wise and not slab wise we objected about it but he simply saying its a normal that theconstruction will be complete as per dates cleared our doubt. Then we kept on p...

Penalty denied on change in flat

I am facing lots of problems due to delay in my flat possession (in Noida, U.P.). I am financially very destabilized now because of this delay and cannot afford to file a case against the builder and being a salaried class person I don't even have time to go and fight my own case in Consumer forum as I have come to know it is not easy to fight a case in consumer forum as it is a time consuming ...

Partition

A notice is received from a lawyer in the name of my mother on behalf of my father's brother for partition of family house that exist in the name of my grandfather(father's father). My father is not alive, and this family property is in possession of my father's brother for last 44 years. Our family lives in a different place. Actually problem is this uncle(father's brother) occupied the pro...

Transfer property to my sister name

Due to sudden death of my mother there is no will made and we are 03 siblings and the property is on my mother name now me and my brother want to transfer on my sister name the house or in future we need to sell the property, property tax is paid by builder we only give monthly maintenance as well no society is still form so please advise we sibling our ready to transfer on my sister name or el...

Challenging a Registered Will

My grandfather expired in 2014 at an advanced 90+ age (we do not have clear idea about his exact birth date), since then my grandmother has expired too. They had 8 children, 5 sons (2 deceased) and 3 daughters. My own father, his son, expired in 2000. Soon after he (my father) died, other 4 remaining sons conspired and created (together and separately) wills that disinherited my father or his l...

Kiadb acquiring site

I have a BMRDA approved site measuring 1200 sqft which is being acquired by Karnataka Industrial Area Development Board (KIADB) along with 200 other sites. The land was sold by the farmers (original owner) to developers and then to me. Site is registered in my name and khata transferred as well. KIADB sent notification to the original owner and the developers took the case to high cour...

Not getting Property share

We have five brother and me as one sister. My Father have Two flats and Two shop in Mumbai (santacruz-w). After father's death in 2012 assets get divided between my brother and me in january 2015. (At that time also all 5 brother r not ready to give my share as i am girl.) . in which two flats are alloted to two brothers. in one shop two brothers were alloted. and in another shop me and my youn...

Can I get compensation from builder for not keeping his promise

I purchased a 3 BHK flat in Oct 2013 and in the agreement land owner is the consenting party. There is a joint development agreement between builder and land owner. The project was started in 2008 and was supposed to complete in 2011, but it got delayed due to various reasons. I got a discount from land owner, hence decided to buy flat from the land owner instead of builder. I paid booking amou...

Temporary Ex Parte Injunction order taken by tenant

Dear Sir, I have a residential property in Hubli Karnataka. I reside in Bangalore. My tenant (a Muslim) has not been paying rent for more than six months. When I went to terminate the rental agreement he said that he has paid up rent in advance for three years in cash to a common acquaintance. He showed an agreement signed between him and the acquaintance. The acquaintance was not acting und...

Execution of settlement deed

I am the only son and mom passed away. My dad has different properties, ancestral (got from his grandmother) on which i have given my money to construct a building by taking a housing loan, some properties he has acquired with his earnings in his name and my mom's name (who is no more), some properties which i bought in his name with my money (cash transferred through his bank a/c from mine). ...

Land Sale deed on Grandfather's name

Hi, My friend's father(S1) purchased a land by investing a part of his own money in family property but made sale deed on his father's(P) name 20 years back. P has three sons. S1 is first wife son and S2 and S3 are second wife sons. Land is divided into three equal parts but a portion of S1 share is divided into two parts again stating that borewell installed in S1 belong to S2 & S3 also. B...

Question regarding land 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...

Again Stamp Duty demand on joint Property of Father & Uncle

Sir, My father & Uncle both are joint owners of a property.My uncle given his 50% share to his 3 sons and my father given his 50% share to his 3 sons on sameday, by paying Registration fee & stamp duty of 1% + 0.5%. Junior Registration officer had come home did his formalities and gone.He did not tell anything..Later ADSR & then DIG Registrstion ordered to pay more stamp duty.He told property ...

Gift deed under loan

My mother had been given a land in the form of gift deed by her mother and brother. My father mortgaged the property to a bank and took a loan and my mother signed as the gaurentor. He passed away recently. After his demise, we learned that he had other debts. 1) There were 2 loans under my father's name including the above, in the same bank. The bank insists on clearing the gold loan before ...

Builder Threating and not giving Permanent KSEB power /Amentities

Hi All, This is my first query to this forum and it would be very helpful with responses. Issue: I brought flat in Petta, Ernakulam(Kochi), Kerala in December 2014 for a total cost of Rs 39,50,000.The building is divided into 1 basement for parking, ground for parking plus 11 floors. The 1st and 2nd floor is for comercial purpose and sold to Reliance communication. I made a cash payment o...

Trees in my land

Hi. Its been almost a year since a dispute betwen myself and my neighbours been on. The issue is that I have a coconut tree, a mangoe tree , several betelnut trees, tree of golden flower cassia( very auspicious to keralites) and few flowering bushes close to the boundary of my neighbour. When we had planted these trees their plot was empty and a few years back they built a house their and they...

Legal Aspects in Selling Property of a Person Through Me

Hello, I am from Odisha. I came across a person who has around 1 acre of land in a prime location where land costs around 40-45 lacs per guntha (1742 sq.ft). Now I made a deal with that person that I will pay him an advance of Rs.5 lac and he will pass me the privileges of selling the lands on his behalf. This is kind of brokerage where I will make a bulk deal with him. As per the deal, I...

Family Property issues

My grandfather died in the year 2009, and left with 5 sons and 4 daughters. He also left with properties with his name and my grandmother’s name. My father was the eldest son of my grandfather. My grandfather suggested to my father to stay separately in another house due to family issues. We have not separated with anything legally, my father stayed in another house to avoid any family issue ...

Need some clarification

We have ancestral property from my husband's side. It is my father-in-law's self earned property. My husband has two brothers and no sisters. After my father-in-laws death more than 35 yrs ago my mother in-law got the property. At that time, one of the sons wanted haed cash - aouple of lakhs. My mother in law gave him the cash and willed out the entire property(house) to my husband and one brot...