Legal questions on Property Law

Payment of Penalty by Promoter for delay in handing over flat

I booked flat with M/s 3C Company at NOIDA in year 2009. The PDC was March 2013 and still flat has not been handed over. Although there is a clause for payment of penalty on account of delay in possession, the promoter is quoting a clause from Builder Buyer Agreement which implies that any customer who has opted for construction linked payment plan and he has delayed even a single payment then ...

Refund of Deposit amount

Thomas / Chandini / Mary / Neeraj Dear Sir/Madam, This is in regards to a booking of 4 plots 30 lakhs ( from 4 persons) from a Bhiwadi based developer, SMART CITY DEVELOPERS PVT LTD at one of their projects in ALWAR- BHIWADI BYPASS ROAD, NEAR NEW BUS STAND (OPPSITE HANDER LOK CITY )TIZARA DIST. ALWAR - pin code - 301411 -RAJASTHAN pre-launch), during the month of Jan 2013 . Since then, the...

In complete work by builder for the apartment and cheque given.

Hello Sir, I booked an apartment with Tirumala constructions in Bangalore in the 2011 and after long delay the apartment was registered on May 31, 2014. Just before registration builder started forcing for payment of Rs. 1,35,000.00 towards services tax and then also assured to complete the pending work in 2 weeks. As work was incomplete even after 2 weeks i sent sms to builder to hold pr...

Managing Committe Not Functioning

Ours is a Registered Coop Housing Society, in Nashik and the Chairman was the Promoter Builder/Developer. I've purchased this flat 3 years ago but cannot have the same transferred to my name since no Managing Committee exists. The Society was registered in 2006 and building completed in 2008 with CC. It appears there is no Managing Committee and the Chairman signs off all documents although...

Agreement to sell cancellation and how to resell

Dear Sir, My father has entered into an agreement to sell in 2006 for a residential plot. Total sale amount 35 lac out of which that 5 lac amount is paid as token amount (biana) and 30 lac to be paid after three month as buyer take 3 month time to execute the agreement and to pay the balance 90% sale amount. I (daughter) have signed as witness in that agreement. • Now Mr Tarun who is the ...

Shop in Residential Area

Respected Sir, I want to know that whether shops can be opened in residential areas or not according to law. Actually there is one shop running right in front of our house, which had created a lot of trouble for us, and the distance between our house and that shop is very less, due to which when their customers speaks to them even in normal voice, their whole voice comes inside our house whic...

Correction Deed

I had purchased a commercial property in Bahadurgarh in Haryana. All documentation, payments, sales deed and registry happened as unit no 9. On the other side, builder when launched the project, developed 12 shops and provide the serial number to each shop as 1 to 12. Due to some reasons, builder collapsed shop no 1 & 2 and remain the serial number for other shops (3 to 12) as it is. Shop...

Is daughter entitled to get a share in father's property

Is daughter entitled to get a share in father self acquired property in India? What is the law of limitation in this case? 1. Schedule property A and B was self acquired property of the deceased who left it intestate at his death in year 1998. 2. He had two wives who are alive till now and both of them have sons and daughters. 3. The property was partitioned after obtaining consent from all...

clarity on clear and marketable title

It is a resale case of floor. The conveyance deed was executed in 1955. In 2001, owner transferred his property through GPA, SPA, ATS and WILL (all registered) executed on the same date in favor of HUF through its Karta. Receipt of consideration is nalso there, however, no stamp duty paid. However, just after 10 days of execution of above mentioned documents, transfree, the Karta of HUF died. D...

Pre-Termination of Rental Agreement

Dear Sir, We had got a rental apartment for a 3 year period with 11 months lock in. It says that after 11 months lock in period is over, if we wish to exit, we have to give a 2 month notice period and if we terminate before that, we have to pay the remaining rental for unused months as well. This is a 32 storey tower and we stay on the 24th floor. This place is close to railway tracks. ...