Legal questions on Property Law

Short Term Capital Gain or Long Term Capital Gain

I purchased a residential flat in a complex from a builder (under construction) on Apr 2010, Location being Kharghar, Navi Mumbai and the plot being a CIDCO plot. The agreement was registered on 15th June 2010 (1,85,860 Rs. paid as Stamp Duty on 7th June 2010). Agreement value = 33,87,400. I had borrowed a home loan from Bank for an amt of 17,17,654/-; which has been completely paid off by Jul ...

Painting and sinking charges while leaving an Apartment

I would like to know if there is/are any law or any informal rule that states the amount that we need to pay towards painting charges when one moves out of a rented house. I have been staying in an apartment in Bangalore for the last 21 months. The rental agreement was renewed after 11 months with a mutually agreed 5% increment. When we first moved into the apartment, that landlord had clean...

Wrong Survey Number

Hi, My dad purchased a land of 1.10 acres. While registeration we didn't verify survery number. From the day of registration we are using this land for farming (From last 10 years)(Survery Number 67). But the land which is in registration documents is different(survery number 65), where as that land is using by someonce else. So finally what ever we are using for farming is not registered in d...

Parking Problem

I bought my apartment in Gurgaon in June of 2012. We were supposed to be allotted 2 car parking’s under our Block by the builder. But at the time of handover builder refused to give us parking under our block. The parking he gave us is 400m-500m away from basement life of our block. The apartment complex is divided into two parts by a two-way sector road. Each part is called North block and...

How to avoid stay

I(she) have younger sister and elder brother. My father purchased a plot and constructed a house in his own earnings without any debts when we are small child. My brother has given no money for that house. Elder brother died before my father. My father has no intention of giving/sharing the house to my brother's only daughter after my brother's death. Brother's wife gone separately with their p...

Self made property gifted by my father.

We are one brother and one sister. My father had bought one plot on my brother's name which he sold two years back . He also gifted him one plot and promised me a flat in which they were living alone( my brother was staying separate due to personal difference between my mother and and her daughter-in-law.) at that time although legally he gifted me a flat in 2015 January . My brother moved in t...

Builder sold mortgaged flat

Hi I need your guidance, I have purchased a flat in Bangalore in Nov-2014, also processed loan with PNB housing Finance ltd which was disbursed in Feb-2015. PN Housing finance disbursed almost 100% loan to the builder in Feb-2015 itself as the flat was ready possession. I was taking follow-up with builder to process registration for my flat since Feb-2015, but with some unreasonable reasons b...

Uncle needs Share out of my father's own property

Good Morning! We have 3 plots(A,B,C) in our village. A & B are in my father's name of his own.C is in my father and uncle's(Father's younger brother, who is not alive) name.After death of my uncle, aunt sold her share to my father before 15 years.Only hand written paper is available.Till now that plot is not transfers to my father's name due to certain reason. As our three plots are bein...

Builders are lacking in due diligence

Hello Sir, I am Sunil, I have purchased a 1 bhk flat at Badlapur, Dist - Thane 2 years back. It is a ground+4 floor standalone building. There are several clause mentioned in the agreement and builders (3 partners) have promised us that it will get completed within time frame. Whenever we ask anyone of them they simply pass the ball in another builder's court. We all are fighting with builde...

Builder demanding for interest for late payment just before poses

I had done agreement with builder and made all my own contribution(20%,ST,VAT,SD,Registration) within 2 week of agreement. On his request i took help of his agent from SBI for my loan , that person delayed my work and finally flew away with my documents. A new Loan application was filed and this all delayed the Loan Sanction and disbursement. Even till last week i inquired he said your only mai...

Splitting the property

Hi Team, My Father expired few years back without any will leaving behind me, his wife and daughter. He has one apartment on his name and a land in Janachaitanya housing which was not registered on his name during his death as it was in dispute between the society and some other party but the society passbook clearly had his name on it. The dispute cleared and when I was in a different city,...

We dont have anything

My father was dead, we have a home and in that there are 3 families means my grand father and his 2 brother, they all dead. We are living like one family.. Our home is selled in last 3-4 yrs and the property is distributed in three parts, both other families get thier money go away and all the sister signature has taken. Now my grand mother and his 3 sons My father was dead, my younger uncle...

Issues with Joint ownership

I had inherited an apartment in Ahmedabad after the death of my Mother. It is to be share equally with my sister and the property is now transferred to our joint names. Our aunt was living there but has now moved and I wanted to sell the property. My sister and I are not on talking terms anymore and my brother in law speaks on her behalf. We both reside outside India. In December last year I...

Query

Thank you so much for assuring me to guide/help The matter is not at all complicated. Everything is clear & authorised papers are complete. Me( Pankaj Vohra) Mr Brother( 1 year Elder) Father ( Age 71) Mother ( Age 68) Bhabhi ( 1978 Birth) 2 Nephews, going to School ## Property Of South Extension was purchased in 1962 & was registered in name of my Late Grandfather. Ground Floor ha...

Regarding property

Hello, We are 3 sisters and 1 brother with my mom.Both the 2 sisters and brother are married.My father expired in Jan 2016, Since then my brother is torturing us. Dad has given 1 property to my brother individually which is on his wife's name. We have one more property but its an old construction and not suitable area so we want sell it as currently me and my mom are staying in rented flat. ...

Conveyance of the property

A building in Mumbai is in the process of undergoing redevelopment. The society does not have the conveyance.Conveyance is with the builder who has been appointed to redevelop the property. A huge piece of land was purchased by this builder and this building stands on one part of the bigger land. The builder has always maintained that he will handover the conveyance to the society at the tim...

Succession certificate or Inventory or letters of admin required?

My father passed away in Mumbai in 2009. He had bought a property in Goa in 1999 and had built a house on it. He didnt leave a will. So after his death my mother, my elder sister and me would be the legal heir to claim this property in Goa? What is the process to claim the property? We all are born and brought up in Mumbai and hence all the documents are of Mumbai. Do we have to obtain the cert...

Land Acquisition case

Hi , Our land was acquired by Bangalore development authority BDA in 90's .It is ancestral properties .We filed two cases in 1996 for two diff land survey no's and we were awarded some amount as compensation in the year 2008 for both of our acquired lands. We hav not yet claimed the compensation as the amount granted as compensation is very less compared to the loss caused to us due to acqui...

Builder not responding regarding the property

We bought a flat in 2013 from Astha Gruh Nirmitte in Vasai east, Mumbai. We gave them the down payment and my EMI started immediately in GIC. Agreement mentioned possession in December 2014. However according to them, 2 builder fought and went separate. So my flat went in the other builders property while my agreement was with the other one. So they told us, that they will give us flat in ano...

Under construction Flat Cancellation

1 Year Ago I Had booked an flat in under construction projects , as while negotiation with the rate is concern how much would you can pay , I told him that we can arrange upto 20lac then he has finalised with the price , we book the flat with an token amount of Rs 10Lac by cheque , and respected 10lac will arranged & give , but any how we could not arranged the amount , so builder had changed t...