Legal questions on Property Law

Partnership Issue : Position of House

Hi Team , Great that finally I found a online website to post my concern .Hope I get suggesstion from your side . My father with two other partners i.e.Total of 3 partners ( A , B and C ) have started a Partnership Firm back in 1990 . In this Partnership Firm ( A and B) each have 40 percent share and C have only 20 Percent share . They have purchased three properties on the name of this...

Lawyer Opinion on sale of land

On 17/6/2006 our family members have signed the agreement (on Rs. 200 Stamp paper) on which it was stated that "we have sold 2 acres of land for 25 lakhs to my cousin brother and we have received 24 lakhs and 50 thousands in hand (in cash) and remaining 50 thousands will be paid during registration. But we actually received only 2.5 lakhs in hand we do not have any proof during this agreement t...

Cheated by Landlord

A sum of Rs. 80,000 was paid as the security deposit, which as mentioned in the agreement was to be returned on the expiry of the agreement. However, the amount was not returned when we were to vacate the house on November 15, 2015. We also suggested the landlord to give us a postdated cheque, but the same was refused by them. Also, a gate pass; as per the society rules, to be submitted before ...

Property Partition and Domestic Violence

I have 3 points to ask: 1. Property partition- After my grandfather's death(grandmother is alive),my paternal uncle has played a trick and emotionally tortured my father to sign on the will. But my mother & I oppose this, what steps can I take to get our right back into our ancestral property? 2. We have been living in a rented house and now we have to evacute that house as it is sold. We ...

Neighbours preveting me from fencign my property over passage

I have a property of 3 acres in Kerala. We have 4 neighbors on one side of the property. They had been using the border of our property to walk to their homes from a panchayat road. About 10 years ago, the neighbors came to us and asked us to give 3ft of our land along the property border so that they can use it to bring vehicles to their land. They had also agreed to take 3ft of their own prop...

Land partition

Dear Sir, My case is as follows: My Grand Father had 2 sons and 4 sisters .out of six children only two are alive ,one is my uncle and another is my Anty. My Grandfather has a peice of land of 11 acer in our village,after his death in 1984 this land is mututed in his sons name .i.e. My father and my Uncle and all the land records were in both brother's name.In year 2003 my father pass ...

Partition of Land

Hi Sir, Happy New Year My father in law has some property around 1 Acer. He has two children one daughter and a son. I got married to his daughter. I have the follow questions regarding the partition of the land? 1) Whether there is any law which states that the land should be shared among his two children? If yes, what is the section number? 2) Suppose if he is giving the entire land t...

Buying an Agricultural Land

Hi , I am basically an Engineer and resident of Bangalore . I am interested in doing the farming and After reading the law, I came to know that, I cannot buy the agricultural land in my name. I am just giving below a brief background so you can help me if my Mother / Grandmother can purchase the land in her name? My Grandfather ( Fathers -Father) was an agriculturist and in Year 1960 he died...

Tenant not vacting property

Here is a series of events with my tenant: * Agreement expired in March 2015 - the tenant continues to occupy the property * between March '15 to Nov '15 we tried negotiating on rent - tenant did not agree even for lower than market rent so finally in aug '15 we gave 2 months notice as per the expired agreement. * no reply on the date of vacating the tenant ; they now agree to pay rent but w...

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...