Legal questions on Property Law

Partition

My parents have four sons, the properties of our parents are three houses, the first house is for the eldest son, the second house is for the second son, the third house is for three & four sons and it was registered on 1995. All the above sections are registered as our parents 1984 /1995 document no. The house belonging to three & four sons was coming in the name of my father in municipal ta...

Validation of will-Sunni Muslim Family-

We are a sunni muslim family. My father has 2 buildings and some money in Bank on his name and now he passed away. He has written a will to an out sider one complete building out of 2 buildings. I have a sister and step mother. Step mother has written an agreement that she will not claim any properties for which I have given her 5 lacks for her expenditure which is also written in agreement. al...

Property Registration: Delayed Payment penalty

I recently received an email from my builder demanding a penalty for delayed payment just before registration. I obtained a bank loan to purchase this apartment in 2020, and the statement from builder shows that there were delays of 45 to 120 days in disbursing the loan. However, the bank is refusing to take responsibility for the delay, claiming that they followed standard procedures and th...

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Complaint against builder

I bought a 4 BHK flat in last September from a builder in my city. The gated community doesn't have a compound wall constructed still and the entrance gate which is show on the south side of the community is not been provided till now and gave us a south side entrance. This is not as per the plan or layout they provided. Also we are going enough pressure in the bathroom faucets as a result no p...

Illegal construction demolished by KMC has been reconstructed without any sanctioned plan

Developer made an additional illegal floor of 4000 sq feet construction on a 70 yrs old building who was served notice for stop work,FIR lodged in local PS and then a demolition was shown on paper for their records by Kolkata Municipal Corporation. Now the same commercial property has been reconstructed without any KMC plans registered and also Mutation done by KMC in the year 2022 after being ...

Not informed of brokerage before moving in, after possesion being forced to give full brokerage

Hi! My flatmate 'X', found the flat on facebook via the ex-tenants 'M' post. She visited the flat by coordinating with the ex-tenant 'M'. After she liked the flat I was contacted by my flatmate, 'X', about the flat. I also coordinated with 'M' ex-tenant to visit the flat. Post visitation the ex tenant 'M' informed us to share the profile to owner's agent 'A' who coordinates the flat related th...

Legal heir

My fatheru died intestate leaving behind his wife and we three daughters and a brother. I am the eldest daughter who is the only married person in the family and staying separately. The society asked my mother to give an affidavit signed by all the legal heirs . However my sister who is also the secretary if the society for the past several years and was a committee member initially got an affi...

House Sale deed in 1st wife's name (money paid by husband), can 2nd wife and her children claim

House(bought in 1946) Sale deed is in 1st wife's name, but money paid by husband which is clearly mentioned in sale deed's office use column. The 1st wife has 5 children. After death of 1st wife, husband marries 2nd wife legally. The 2nd wife has 5 children. Husband dies leaving 10 children and 2nd wife. After that the 1st wife's 5 children leave the house. From past 50 years Onl...

Purchasing property from a builder who has GPA

There is a flat for sale from a builder. The builder has entered into a JDA with landowner. The JDA is unregistered. The builder his selling his share of the flat. The builder has GPA to construct and sell all / any flat. The sale deed mentions that the land owner represented by power agent the builder (first part) and builder (second part) and purchaser (third part). The sale deed is for the...

Notice period & Security Deposit Refund

I was staying at a PG in Gurgaon. I checked-in on July 2nd. I paid one month's rent as the security deposit along with the monthly rent. At the time of check-in, I was told about one month's notice period. Now in September, I wanted to vacate. On September 7th, I told my tenant about this and asked if my security deposit could be adjusted as September's rent. They told me that my 1 month notice...

Service Charge component in Maintenance charge

Our society has 32 1BHK and 74 2BHK units. Service charge component is charged equally among all units. Every year service charge is increased by 10% without giving any concrete reason or budget. As service charges comprise of common expenses, it has been observed that every year society always recovers much more than the common expenses actually incurred and this way incurred profit which subs...

मी आत्ताच विक्री केलेल्या जमीनीवर शेजारी राहत असलेला व्यक्ती स्वतःच्या मालकीचा खोटा दावा करत आहे

मी आत्ताच माझी 1000 sqft एवढी जमीन माझया परिचिताला विक्री केली. खरेदीदाराने जमीन खरेदी केल्यानंतर जमीनीचे सरकारी पद्धतीने मोजमाप करवून घेत जमीनीत मालकी सीमेवर खुणा गाडल्या. जमीनीच्या शेजारील जमीनीचा मालक आमच्या जमीनीच्या काही भागावर मालकी हक्काचा दावा करत आहे. त्याला त्यासंबंधात कागदपत्रे दाखवण्यास सांगीतले असता त्याने मला आणि माझ्या परिचीताला (खरेदीदाराला) अर्वाच्य भाषेचा वापर करून अपमान केल...

Urgent Legal Consultation for C1 Classified Pagdi Building

I represent a group of 70 tenants residing in a Pagdi building, approximately 50 years old. Recently, we received a letter from our landlord, accompanied by a structural audit report, declaring our building as a C1 category structure. Consequently, the BMC has issued us a notice to vacate the premises within a week. We have attempted discussions with the landlord regarding redevelopment, but...

House selling

Sir muje mere house ko sell karna tha. To party ur mere biche ek banakhat huva. Usem ek likha thi if both party with agreed cancelled deal then pay back advance income to the party... So my question is that if not mention any clause like this in banakhat.. Then we are legally binding to pay his advanced in case to cancelled of agreement. In our case he deliberately want to cancelled the deal be...

My soon to be ex husband not giving consent for loan closure

Hello me and my husband are going through divorce. We have bought the flat. He is the co applicant in the home loan. House is registered in my name. I am the sole owner but he is the co applicant in loan. Till now I was paying the loan amount. Now loan has been defaulted and bank are trying to auction the property for loan recovery. I have buyers who is willing to clear present bank loan and bu...

Execution of gift deed in case of mortgaged property

Me and my husband purchased a flat in mumbai in 2021. i am the co-applicant in the home loan. we both are nri staying in uae.he earned double than me. he lost his job last year, and now i am the only person to pay the loan emi. From past few months my husband is not paying the loans on time inspite of me giving him the loan money on time (i changed the loan auto debit account to mine from this ...

Conditional gift deed

My grandmother raised me since I was 8 months old because my biological parents left me because I was a girl. My grandparents without adoption raised me and gave me education and everything and I use to call my grandparents as mom and dad as I didn't know that I was an abandoned child till 15 yrs old. Two years back my grandparents gifted the house in my name and it is self acquired by them and...

New Demand Released Before the Sale Agreement Execution

Hi, On 14th Oct'20, I booked a flat in Kolkata which was developed by a well known builder. On the same day after the payment of application fees a payment schedule plan was given to me where it was mentioned the stages of the future payments. It was in the following sequence Payment Schedule Amount On Application Rs. 1,00,000/= (Rupees One Lakh) On Allotment of Said Apartment 10% of...

Whether indemnity bond required for transfer of shares held demat account of the deceased

My wife died leaving myself, unmarried son and unmarried daughter. she was having shares in demat account with a depository alongwith myself and my younger brother as a joint holder. the scripts are not tradeable since the companies have not filed their returns required statutorily with the respective departments. similarly she is a joint holder with me and my same younger brother. the amounts ...