Legal questions on Property Law

Not to able execute Gift Deed

My father has an self earned property. He has 1 son(myself) and 2 daughter(both got married). My father and mother stays with me and I take care of their food, shelter, day to day expenses, all medical needs, property maintenance, paying property taxes etc. Father is ill and his health is getting deteriorated day by day. He wants to pass on his property to me and ready to execute gift deed. But...

Terrace rights of top floor owner

I am allottee of top floor in 1+3 stack of DDA SFS flats. I am 63 years old lady. It was locked as we were posted out of station. I left the terrace door unlocked to give access to lower floor owners for tanks etc. However, in my absence, my below & opposite neighbours abused my terrace, by holding drink parties,barbeque, throwing old junk like used toilet seats, etc. Also they grow huge plants...

Sale of Unregistered Flat

I booked an apartment in Bangalore which was worth 48Lac Rs. in Dec 2016 by paying an Initial amount of 12Lac Rs. Later paid in installments upto 45 Lac Rs. in total, the last installment was paid in Feb 2019. There is a remaining amount of 3Lac Rs. to be paid to the Builder as per the initial agreement and get the Possession. Later which register the property in my name. Apartment is in Ready ...

• Using residential property for commercial use

Reference is made to a 32 apartments G=11 storied co op Housing Society Residential Building ( under construction) at Kolkata and the housing society is registered under West Bengal co op Housing society ACT. Plat is given by Govt of West Bengal for 99 yrs lease. The society is run by a ( elected team) Board of Directors ( Chairman, secretary, treasurer etc) Though it is under construction ...

Tenant not vacating the flat

Dear Sir/ Madam I have a flat in joint name with my wife in Indore (mp) which I have rented to a person in July 2019. The agreement is executed by my wife. My tenant's behaviour was not good and was not paying rent on time since inception, so in February 2020 I gave him one month's notice to vacate the flat. He then went to court and filed a case against my wife. The court summon was not rec...

Purchased Property and later on found that the seller enter sale agreement with third party

I have purchased property and registered sale deed . Later on after one month received a court summon and came to know that the seller had earlier enterinto agreement of sale (unregistered) with another person and that person gave a very small amount of only 8% of the total contract value, so the seller didnot sale to him and he sold to me. Seller didnot disclose this to me. I came to know only...

Offer of possession without CC / OC

Dear experts , I booked a flat in Gautam Budh Nagar , Uttar Pradesh in a multi storey housing society and that was to be delivered in 2015. Though construction has been completed by builder in 2017 and applied for completion to authority , CC/ OC has not need issued to builder. RTI has disclosed FAR violation and few other pendencies from builder side . Since builder had already applied for...

How can i claim my property in equal shares

Dear sir/madam. my family consists four people our native place is devarapalli, which is in Krishna district, andhrapradesh.we currently live in Hyderabad.me (SON),Mother, Sister and my father.my mother married to my dad on 1990 and we were together for 27 years .my father left us due to his personal reasons 3 years ago. before he separate from us he promised us that he will share our rightful ...

Landlord threatening to charge penalty even though I've given notice

Hi, The below clause is part of my agreement. My agreement starts on 1 Feb 2020. I've given 1 month written notice to my landlady that I wish to terminate this contract on 1 Feb 2021 i.e. my last date will be 31 December 2021. My landlady is threatening to charge 2 months rent from my deposit if I terminate the contract. Is that legal? If I change the last date as 1 Feb (termination...

Property sell complication and should it be in our name to do so

My father is deceased and my mother is staying in the house in Varanasi and now she wants to sell the house .. the land is in the name of my father but the issue is my four uncles live in the same vicinity and when the land was purchased ..it was purchased by all four of them and then it was not mutually setteled and there is a small gallery used by all to get in and out of the house but since ...

Minor's Property

We are a siblings of three - 2 brothers and one sister, my father bought a land of & acres in 1992, he expired in a car accident in 1996, leaving behind four of us Inclides our mother. We all were Minor's at that time my age was 8 years my sister 5 years and my brother just 3 yrs. It so happened that in 2002 one my uncle pressurized our mom and got an unregistered POA and subsequently executed ...

Land Locked, Right of Way Snatched.

Hello. My dad has 4 other brothers and 3 sisters. Out of 40 plus Kanals of Land(1 Kanal = 5445 Square feet), my Dad was given only 3 kanals of Land by my grandfather. Out of which 1 kanal was a seperate piece of land which is transferred to my Dad's name which was worth Rs. 35000 at that time in 1980's. Rest 2 Kanals are were in a piece of land, which was shared among my Uncles, but these k...

Is it allowed to put shed of translucent fiber sheet for safety, privacy & hygiene?

I have a flat under PMRDA in a co-operative housing society. My flat is at 4th floor. I have a side terrace attached to my flat. This side terrace is open to sky. Windows of all the flats above my flat open in my side terrace. There are many incidents where different items are being thrown from these windows into my terrace. It is very difficult to catch the actual person as there are many flat...

Agriculture Land Question

Dear Advocates Fraternity, Hope everyone is doing well and staying safe during corona time. I've a question on 2 Agriculture land issues. Queston1: My father bought (self acquired) 2 acres of Agriculture land in 1975 and put it on my Mother's name. My sister got married in 1988 and we all decided to give this land to my sister. My father expired in 2005. Since these 2 acres is on ...

Major Repair Work Charges on Garages charged separately

Hi, My mother is a member of the society and owns 1 flat and 2 closed garages which she bought directly from the builder in Mumbai. My mother has paid maintenance charges for the flat on sq.ft. basis and for the garages Rs.200-300 on monthly basis. The Society's building recently went into repair and all the members were charged per sq.ft. as resolved in the SGM which we paid in full. When the...

Will and OCI holder farm land inheritance

My father acquired agriculture land through family partition. We are HINDU family and I am the youngest son who is OCI holder. All my brother and sisters are married and all are given fair share of the property. As I was out of country. My share of farm land is still held in my father's name. My mother is living in here in India. Till today I am providing living expenses for...

Property disputes

Total no.of properties....3 Flat no 304.... father .. Govind Huilgol in his name. Shop no.35.... father...Govind Huilgol in his name Shop no. 25 .... mother..Shakuntala Huilgol in her name. Mother never worked or no income from any source. All 3 properties owned by father's earnings. Father made two will...one in the year 2000in favour of wife. One in the year 2004 in favour of son. Fath...

Commencement Certificate Question

Hello, so recently we registered the DA with a developer in Sept/Oct 2020. We had signed a draft/MOU in Dec 2019, and in March 2020, our registration got delayed due to COVID-19. Now here is our biggest mistake... Due to having very senior people in our society, the developer called us to register the property within 24 hours or redevelopment of our already dilapidated building would get delay...

Permission for creche

Sir I am a senior citizen staying in a housing society in Powai where the upper floor flat owner is running a crèche. Because of the running and jumping activities of 10 – 15 no. of children from 08:30 am to 07:30 pm we remain disturbed the whole day. Request has been made to the owner on several occasions but no care is being exercised by them to restrict the activities of the children. We ...

Can revoke of PoA may lead to FIR against owner, if there is any nottery of commitment is attached

In year 2014, My Father had done power of attorney to someone of immovable property (in plots of Agriculture land area in sq yards). A nottery paper is also attached with this and in this we committed that we are giving him 4000 (including PoA if 2006 sq yard and has has paid 1.32 crore to us (but no cheque etc, of proof of payment is there)). And we decided to give him appox 4000 sq yards in...