Legal questions on Property Law

Society Membership

I have purchased a flat in a building in Goa in 2007. All the legal procedures including sale deed was done except the electricity is still in the name of the previous owner. I have never lived in this flat as I am a NRI. About 2 hours later after I bought the flat, people living in the building formed a Society. All these year whenever I passed by to have a look at the place I did not noticed ...

Inheritance of property

We have a property in Salt Lake, Kolkata of 4.25 Kottas of Land on the basis of an agreement between Govt. of WB and my father. It is a lease-hold property provided for 999 years. My father expired some time back (year 2010) leaving my mother, my elder brother and myself as the legal heir. We appeared before the first class magistrate and in due course of time we 3 were legally identifi...

Payment terms

I am buying a flat on resale in navi mumbai for 61 Lakh without any bank loan. an mou was made with seller to pay him Rs 18 lakh as part payment, to enable him clear his bank loan. as per mou balance rs 43 lakh is to be paid to seller within one month from date of registering agreement & accordingly same condition is mentioned in agreement for sale. seller is now insisting that this condition s...

Regarding residential proerty dispute

My grandfather owned a self-acquired residential property in Haryana. He died untestated in 1986. He was survived by two sons (including my father), two dauthers and my grandmother. The residential property (150 sq yards) in name of my grandfather was in possession of my chacha since then. My chacha had been paying the land tax to municipality from beginning. My chacha, aunts and grandmother so...

Delay in Possession.

Booked a Flat in Aug-2010 @ under construction project @ Kashi Mira Highway Junction, Mumbai. Hv paid 30% of flat cost as per their demand. Construction almost halted for three(3) years. Reason not known or not disclosed by developer to us. Hv not yet entered into agreement with developer. On calling thm repeatedly they started giving false info and vague answers abt construction progress n pos...

Fraud by builder of cancellation/ reconveyance after 4.5 years

Sir, I had purchased a Flat withvUDS registration on [deleted] in Chennai for Rs.54.35 Lakhs The property was purchased upon loan from LICHFL which sanctioned Loan of 41.25 lakhs based on a tripartite agreement wherein the builder agreed that he had been in receipt of Rs.13.22 Lakhs margin money.Apart from this I had paid a booking advancecofcRs.50k on [deleted] at the time of booking. It i...

Cancellation deed for "agreement to sale"

Dear Experts, I wished to sell my house in Pune and in June 2015 I got a client. We agreed on a price of 1.23cr. In July first week they paid a token advance of 2 lacs with an assurance that they will pay the balance within 15 days. Then in Sep first week they came and we entered an Agreement to Sale and got it registered. The main clauses as given in the agreement are... 3A) The Purchase...

Payment of old maintenance due to builder / society

Sir, I would like to draw you to a problem which some of the members are facing and I request you to please help with a suitable solution for the problem. Builder had not handed over the society to the members even after five to six years of completion of construction and he use to collect maintenance charges for which he use to provide serviceability of lift, common electric charges and ...

Fractional Ownership of Properties

We are starting up a business that will enable small time investors to invest in the real estate market at smaller ticket sizes. For Eg: An under construction property worth Rs. 50 L can be purchased by 10 people who invest Rs. 5 L each. So each of them own 10% of the property. Assume that 3 years later, at the time of selling, if the price is Rs. 75 L, each of them receive Rs. 7.5 L each. W...

Property fraud

My grandfather bought a property long time ago that nobody knew about. Until my uncle found it and sold it claiming that he's the only surviving member of my family despite 5 of his siblings including my father's(father is deceased) family all living in same city. To the effect that he's the only surviving member my uncle and his entire family has signed a legal sale deed and received a DD from...

Voting rights as per Maharashtra Apartment act.

I have bought flat in 2006 in Pune, agreement to sale was registered in Jan 2006 and got possession of the flat in Jan 2007. Building was handed over to adhoc Managing Committee. Deed of declaration was registered by builder in March 2009 thus condominium was formed.Later on builder asked all members to sign deed of apartment, but avoided to give draft of agreement.10 to 15 members including me...

Relief from Permanent Injunction

Sir, i am Ravinder sekhon from Punjab, We have a joint Agriculture property from my Mother's side, we wanted to sell our share in the joint property but the other co-owners who has already sold of their shares objected us not to sell and took Stay restraining us not to sell our share from particular Killa numbers . On other side they had already sold their share from particular Killa numbers an...

Can i transfer flat after society formation?

Hello all, I m planning to buy 2bhk(810sq ft) flat direct from owner in mira road,bhayander mumbai. Its an ready to move new construction, just 4 months before owner got the possession from builder. Now i m planning to buy directly from owner on full downpayment but builder is asking for rs750/sq transfer charges which is very high aprox 6lac+ going for 810 area. So my concern is, a...

Gift deed

This is regarding a land that was sold by my grandfather to the builders 20 years back. Mentioning in the registry that 2 shops will be given to my sons as a gift of their own choice ,Due to a dispute between the builders the building remains incomplete and thier disputed matter is in court . Due to the dispute we didn't ask them for the shop but now got to known that thier matter is going to g...

Gpa property clarification

MR X died thus his wife A and children B,C,D inherited his property and sold property 1 and 2 in 1986 and 1989 by way of Gpa collectively to MRS Y.This Gpa was notarised but NOT registered. In 1990 MRS Y built a house on property 1&2 combined and has paid towards bbmp and bescom. They have paid all taxes and power bills till date. In 2010, MRS Y had transferred both properties and house ...

Parking issues

Hello sir, I have been facing a real ruckus from many years related to my stilt parking sold to me by the developer of the society in the year 2006. Due to increasing volume of cars being parked in my society I am unable to have a easy and free access to my stilt parking. My society office has not been supportive about this and I am been compelled to park my car outside society premises. I ne...

Legal law against RWA and its forceful practices

Hi , I want to understand the legal rules , acts and sections with reference to the following issues regarding our apartment which I purchased new and the RWA : 1. Due to lot of issue from the builder the residents of our society formed a RWA and taken the maintenance / other regular operation of the society in its hand. Due to nature of work my presence / living in this apartment is fair...

What is the validity for land registration if not yet done Kathe

Hi Sir, Here we have issue with rural land property. Actually 10 years back my father has took (2 lakhs only) money with my uncle, for that he has(uncle) taken land of 12 arcs from my father( my father has registered 12 arcs land). after that there is 6 arcs land left over there, again in 2009 he as forcefully fight with my family and took that remaining land also. in 2009 we have registered...

My cousin brother filed a case against my father.

Sir, My name is Vikas Gangwar, my father moved from Ajmer (Native Place) in 1979 to Khetri Nagar for the Job. After that we just went their on vaccation or any ocassion like marriage. My father were 6 siblings (5 Son + 1 sister). Father is the younger one amongs the brother. My grand father equally divided the property among five brothers i.e. 2 rooms each plus the common area. My cousin buil...

Drat query

Hi Experts, I am planning to buy a residential flat in auction under SURFAESI act from SBI Mumbai SBI has followed the entire process like sending notices 13(2) , 13(4) etc to the borrower However the bank officer told me that the borrower has filed a case in Bombay high court which is rejected and another case in DRAT which is pending.. As I am new to this auction thing I have the followin...