Legal questions on Property Law

Rights of daughter as per HSA1956 after dismissal of suit for default

I have filed a suit for partition in the joint Hindu family property which is ancestral under HSA1956 amendment act 2005 being a daughter in 2006.vide W.P.no.36/2006 in ADJ court Hosur .The case was dismissed for default showing case uncontested dismissed on 8/2/2018.A pitition was filed within one month for restoration but till date not restored.meanwhile i have sold my 1/10th of share alongwi...

Right of Mother(her heirs also) on immovable properties deceased son.

A person have some immovable properties including a residential building. He died intestate in the year of 1995 instate left behind his mother, son and wife as legal heir and two adult brothers. After his death, the properties were still in his name and mutation was not been done in the name his legal heirs. Mean while his mother died in the year of 1996. From then his son and wife residing in ...

Settlement of self acquired properties of father and mother

My father and mother have jointly executed two gift deeds in 2005 in favour of my two brothers to give their self acquired properties which were having specific clauses that the settler of gift have no right to modify or cancel the gift deeds. Still, both these gift deeds were cancelled by them in 2009 unilaterally through registered cancellation deeds. These unilateral cancellations were not c...

Rectification Deed for mistake in boundaries of a flat

I am looking to purchase a flat on 6th floor from an existing owner in a completed apartment. However, there is a mistake in the boundaries of the flat in the sale deed between the existing owner and the builder. The boundaries are show as 'Open to Sky' for North, East and West and 'Corridor' for South. Actually, the lift corridor is in East direction and rest are Open to Sky. What is the suita...

My builder is refusing to return my advance amount of rs 4l after 7 years. what rera laws apply here

Here is our letter to the Builder Dear Sir: We had paid Rs 1.0L in advance towards the booking of Villament B20 203 at Brindavan Serenity. During subsequent visits to the Brindavan Serenity site, we were informed by your officers at the site that the project was postponed/canceled in 2017-2018. We have not received a single letter from you regarding the refund of the above. For a company of...

Unregistered 11 month Rental Agreement to be marked as evidence in court

Respected Jury, Currently I (landlord) have filed a suit for EVICTION , RECOVERY OF ARREARS OF RENT, ARREARS OF MESNE PROFITS, FUTURE MESNE PROFITS, NOTICE CHARGES & COSTS and send two Legal notices. The tenancy period of 11 months commenced (according to unregistered Rental Agreement (RA)) from 05 March 2021 which concluded on 05 Feb 2022. Prior to sending legal notice, I have informed the ...

Procedure for cancellation of Registered Lease agreement

Hi, We had rented our commercial property to a private limited company and registered the lease agreement with the tenant in Oct 2022 (Terms of agreement were 3 months rent free period to carryout the fit outs and rent starts from Jan). The Company managing the property did not provide NOC to the tenant to commence work primarily due to floor layout not being as per the prescribed law combined...

Can I get my Home loan cancelled? Builder has stopped construction

The loan is under a tripartite agreement between myself, Indiabulls, and the property builder for which the loan is sanctioned. The loan was under a subvention scheme wherein the builder would pay the pre-EMI for the first two years, after which I have to make further payments. Moreover, the subvention was for 3 years and the builder was supposed to hand over the flat to me in Jan 2019 post whi...

Land acquisition

हमारे पास मल ग्राउंड बहादुरगढ़ जिला झज्जर हरियाणा -124507 खसरा नंबर 656 में कुछ जमीन है। यह जमीन हुडा द्वारा 2005-2008 में स्टेडियम के लिए अधिग्रहित की गई थी। लेकिन स्टेडियम पहले ही 2016-2019 में बन चुका है। लेकिन हमारी भूमि और अन्य भूमि लंबे समय से खाली है। अब कुछ भूमि को हुडा द्वारा 2019-2022 में छोड़ गया है। कृपया मुझे इस खसरा की कोई भूमि रिलीज़ करने की पुष्टि करें या नहीं। क्योंकि कुछ निजी बि...

Bifurcation of Amalgamated flat during redevelopment of Society.

Me and Elder brother brought the Amalgamated residential property admeasuring 820 sq. ft. jointly (ownership 50% each) in 2014. The said residential flat was amalgamated by Society in past (Before Yr. 1990) by merging two adjacent flats admeasuring 410 Sq. ft. each without any change in Building structural plan. The Amalgamated large flat was issued a single Share certificate with 10 share's (5...

There’s no legal way to go out of home

I belong to a farmer family. We live in the centre of our farms and there’s no road crossing or within 1 KM from our farms. We used to go out through a way provided by our neighbours but they sold the land and now we don’t have any legal way to go to the nearest road. We are a family of 40 members and my uncle has acute spinal injury which requires routine medical supervision. In fact many of u...

Lease amount Not Refunded with Multiple Constraints from LANDLORD

My Father entered into a lease with 3 years term on 2nd floor, painting charges 2% of lease amount or to be bared by us. After completion of term in Oct 2021 we gave extra amount to the owner and by word of mouth extended the term for next 3 yrs without renewing agreement & did not pay the painting charge since we were only staying & he also did not repaint the house. We were actually leasing ...

My owner is denying to send the advance amount which I gave him

I have shifted to this house as tenant in 2018 and we stayed here till 4th February 2023. When I shifted during that time I gave advance amount of 50000 and it was metioned in rental agreement that owner will deduct 1 month rent for painting. My house rent was 12500. Since we had good understanding with owner so he did not renewed the rental agreement and he told that rent would be same w...

Corpus Fund

Respected Layers, Ours welfare Association is Registered Under registrar of societies consist of 80 Flats. During 2014 for some period of yrs.the Building Maintenance was managed by the builder himself and on sale of all flats, the builder suggested to form a society under register the association to handed over to the Regd. Assn. This was completed and the builder handed over to the...

Beneficiary's sign on relinquishment deed

Dear Ld Experts, A father died intestate leaving a land property inherited from his father. There are five legal heirs. Wife, three daughters and a son. Wife and three daughters relinquished their share through a single deed of relinquishment to the son in 2013 and got the deed registered. One daughter was not informed that she is going to sign a relinquishment deed. She was called to the re...

Partition deed cancellation possibility

Dear Sir/Ma'am My mother-in-law died in an accident in 2019. A year after this happened, my father-in-law told my wife that he would register the one & half-acre farmland as a Gift deed (it was promised during our marriage). Trusting her father, she signed the documents without reading them. Later realized that it was not a gift deed but a release/partition deed and it was written in it as 1...

Doubt regarding partitioning of ancestral property and living heirs

My doubt is regarding land and its succession located in West Bengal. We have an ancestral property belonging to my grandfather’s grandfather. It is not formally divided, and portions of the land are usually known to different families in the village. ( for example, this region is for one family, another for a second family and so on) Now after so many generations, only family members of my fat...

Cancellation of Sale Agreement

Let's name a person as A. Mr. A has 2 wifes. W1 and W2. W1 has one daughter (W1.D1) W2 has 3 sons and 1 daughter (W2. S1)(W2.S2)(W2.S3) and (W2.D4). Daughter of 1st Wife (W1.D1) has 4 children ( 2 sons and 2 Daughters) Mr. A has 4 properties. The legal heirs of 2nd wife has went into a partition agreement on 1963 without including the legal heirs of the first wife and sold one property ...

30 साल बाद आगरा विकास प्राधिकरण द्वारा शॉप में जारी आवर्तन पट्टा रद्द कर दिया गया

महोदय मेरे बाबा ने सन 1963 में आगरा इंप्रूवमेंट ट्रस्ट द्वारा सिफ दुकानें के लिए 90 साल के लिए पट्टे पर एक दुकान आवर्तन कराया सन 1970 मे मेरे बाबा की मृत्यु हो गई और उनकी जगह मेरे पिताजी के नाम आगरा नगर निगम में आवासीय में रजिस्टर्ड हो गई और उस जगह पर मेरे पिताजी ने अपने रहने के लिए मकान बना लिया वह सन 1985- 92 में आगरा नगर निगम में असेसमेंट करा लिया गया जिसमें उस आवासीय भवन में क्या-क्या बन...

Regarding notice period

Hi everyone I just need answer for a lease related thing that is the notice period is calculate after the lease agreement end date or the last months of the agreement For example I have a lease agreement of 3 years (14 of april 2021 to 13 of april 2024) so in this scenario when is the notice period starting after 13 april or or before 13 april for 3 months( plzz do answer this) Becaus...