Legal questions on Property Law

Cancellation of sale agreement of a flat

Hello all We had booked a flat in 2013 and had entered into an agreement. Due to change in circumstances we had asked for cancellation of the same in April 2014. We have made payments to the builder as per his schedule (around 38 lakhs) until the cancellation date. However..even after almost a year the builder has not refunded our amount. Also he had stated that the amount will be refunde...

Family Property Case

I would like to ask for legal advise in a Property related matter.My father YV has purchase a property in 1995 in Ghaziabad. The seller (JC) wrote Agreement to Sell in favor of my father (YV) register at Ghaziabad Tehsil. Side by side the seller wrote an General Power of Attorney in favor of my mother (SV) on the same date and was also registered at Ghaziabad Tehsil. Seller also transfer the ti...

encroachment of land and constructing boundaries

While I was away in Gulf my relatives had encroached my land worth over 10 cents and made stone boundaries. I filed a suit in a Munsiff court and my lawyer after keeping the file with him for 2 years, sent me to another lawyer. He also did not show and keenness and kept the case for 3 years. In between I approached the High Court to expedite the case. Upon receiving the High Court Order, and pr...

our goods and things

Dear sir, my name is sameer My mom and me used to stay in rented house, due to some financial problems, unfortunately me and mom were unable to pay the monthly rent, for the last 2 months, and since from there itself we are staying out here and there, the owner the house is not giving us our valuable things, such as clothes, furniture, TV,washing machine etc, there are lots of things, and t...

Does my property is ancestor or separated or self acquired?

1) Mr. bharu get agricultural land from land owner, before 1950.he had only one son ( mr. shripati).after his mr. bharu death his son 2) Mr. shripati get the name in 7/12 extract. after death of Mr.shripati death his single son 2) Mr. sopan get the name in 7/12 extract.sopan died in 1984,he had 4 children (2 son (RAM,SHYAM) & 2 married daughters (MANU & ANJU).but ram & shyam very cleverly put t...

Inheritance of property under joint name

An agricultural land was bought by my father. The land is in joint name of my father & mother. I, my brother & father had jointly funded the purchase. The value of property was 4,21,000, out of this 1,80,000 was paid from my mothers account and 2,21,000 was paid from father's account. I had transferred 1,30,000 to my mother's account and my brother had transferred 70,000 to my mother's account ...

Open parking

Hi, I have recently purchased a flat in one of the coop hsg sCTY IN mumbai. At the time of purchasing the flat they have taken a NOC on a stamp paper that no parking will be allocated on reserved basis. They were not ready to allow the sale of flat if i refused to sign it and so i had no choice but sign it. But i did ask them that the parking is fair enough and equal rights are given to ever...

Need advice regarding how to get back the amount

I have invested around 15L rupees in a property in Bangalore which is a joint venture by 2 builders, as the initial investment. The first builder has 65 % of the share and 2nd one has 35 % of the share to sell the total number of apartments constructed on the site. I have invested with the first builder. The builder ( here on the 1st builder) has made the sale agreement with me on a non-judicia...

UDS conveyed but Built-up area conveyed is unauthorised--remedy

Sir, I have 1/4th UDS in the Land. Plot area is 6600 sq.ft. As per approved plan of 2005, the builder can construction 9600 (1.5 times). However the builder has constructed 1st 2nd 3rd floors with 11000 FSI above the permissible area. Further, be constructed the Ground and mezzanine floors with 4200 Sq.Ft to one owner and Basement floor of 2800 Sq.Ft to me for office. The construction complete...

Family property share issue between brothers

Hi Sir Need a clarification regarding family property share dividend. We are three brothers and my father married to two wives both are sisters, first wife died when my elder brother was 6 months old and my mother was married in 70’s to my father to look after my brother. We basically from agricultural family and we have 7 acres agriculture land that was our grand fathers proper...

illegal occupancy

Sir My father has a house in central delhi which was registered in his & his mothers name in 1974. & being a joint family my father alongwith his 6 brothers( including their families) were staying in this said house. during 1990-2000 this perod 5 brothers bought their own house & shifted including us but 1 brother & his family stayed there in that house because they could not afford to bu...

LeaseHold Property Settlement

My Uncle (father's brother),single, unmarried, without any children, had acquired a lease hold property in New Delhi, half through pakistan partition claims while the other half through full payment in cash. On his death, he left a registered will in favour of my three brothers equally (1/3rd share each), which was substituted in their name around 45 years ago. One of my above said brother's,...

rental agreement

we have entered into a rental agrement with the tenant about 2 and half years back where the duration was for 11 months and is subject to renewal on mutually agreed terms and conditions with 5% increase every 11 months. The termination of lease clause says 1 month It is a general rental agreement and after the 11 months was not renewed. The tenant got a dog a few months back. We told him...

Karnataka Land Reforms Act 1961, Section 79A -- Annual Income

My grandfather who is a retired professor, presently getting a pension of around 2.6 Lakh per annum owns an irrigated farm land in Baglkot, Karnataka. In November 2014 he purchased small piece of farm land around Hubli, Karnataka. We are facing with issue regarding Karnataka Land Reforms Act 1961, Section 79A, as per which the non-agricultural income of a purchaser who must be an agriculturist ...

Redevelopment under CHS Bye laws, 79 , Mumbai

Sir, Procedures as laid down in circular dt.3-1-2009 (79-A) for redevelopment, I have few queries regarding initial steps only. 1 ) After receiving 25% consent letter from members is that so that 1st Committee should take SGM & get approval to go for Redevelopment ? Or is it so that once committee got the consent of 25% member ,is free to process the whole required steps of    (a) invit...

Sale agreement(Rs.100 Stamp) Validity

Hi, I have agreed to sale my land for Rs .7 Lakhs on contract basis irrespective of land size and written agreement by taking 2 lakhs. Unfortunately they have written in the agreement that i need to show the measurements while registration as per document. I asked about this before sign but they mentioned that this has been casually written and nothing to worry. Apart from that, They have menti...

completion certificate and final registry held up

Dear Sir / Madam, I have purchased a property in Nasik Road area of Nasik (Maharashtra). Building is completed approximately 2 years back. Last year (around Nov '13) builder has submitted an application to Nasik Municipal Corpn (NMC) for building's completion and occupancy certificate. Till Jan '15th it has not been provided by the NMC. Everytime i ask to the builder, he passes the bug on NM...

Is gift transfer of property revocable?

Hello Sir/Mam, I am from Punjab and need an expert advice regarding gift transfer of property by mother to her children. About forty years back, my grandmother inherited six and a half acres of rural agricultural land from her mother. My grandmother has two sons and a daughter. Seven years back, she transferred four acres of land to her youngest son( my father) out of love and affection. She ga...

3 Brothers Of My Father Are Threatning To Leave Property & Shop

He (Naresh Gupta-Working In Sainitary.Nick Name-Neshi Or Ruggal)And His Other 2 Brothers (Rajinder Gupta Aka Raju And Jagdish Aka Babbu) Are My father's Brother.They Had Partitoned The House Without My Father's Permission And Put Walls All Around My House.On The Ground Floor There Is Very Little Or No Sunlight Because He Had Put A Wall Adjacent To My Share Which Is Blocking The Air And Sunlight...

Ancestral property...

Dear sir, I have an ancestral property in the state of Andhra Pradesh which consist of farm lands, residential houses & a small business which is registered in the name of my father. My mother expired long back when I was small & then later my father got married for the second time but has no children with her. Now, recently my father got expired & my stepmother starting fighting for her shar...