Legal questions on Property Law

Immovable property is covered under limitation Act 1963

I purchased a second-hand flat in December 2004 in Chennai measuring built up area 645 Sq.ft from an old lady who had died 10 years ago without any legal heirs. Since the flat was promoted/built in 1977 by TNHB at that time there was no legal concept of Undivided Share (UDS) of Land, no mention about UDS was in Parent document/Sale Deed. So, the Advocate who prepared my sale deed in Decembe...

Mother Registry Has wrong details which needs to ve rectified

Hello, Details: Mother registry details are incorrect by mistake and two parties living in the property are conflicted, in INDORE,MP I am reaching out to you for advising this case that my father is going through. My father (Party1- our family) and his brother (Party2 -uncle’s family) we share the same land and have conjoint bunglows. The issue with Mother registration is that instead...

On possession call paid remaining amount, as per agreement and builder asking for more money

Hello sir, I have purchased a flat in panvel, navi mumabi in August 2020. That time as per RERA possession date was Dec'2021. but verbally sales manager was committed to give the possession in march'21. After that possession date was extended twice and that date is now Dec'22. Agreement and registration of the flat done in Dec'2020. I have taken loan from my employer (company where i am workin...

When is a lease a constructive sale? 49 years?

My husband and 6 other grandchildren, all British citizens, inherited a 1,000 acre estate in Uganda from their grandfather. The title deed filed with the registrar names them as joint tenants. Currently 2 of the 7 co-owners live on the estate; one has recently become a Ugandan citizen by applying for dual citizenship and the other has an application in process. The other 5 co-owners reside ...

Power/Limits of RWA to impose fine

Hi All, I need help in understanding the powers of registered RWA under apartment law. I have two case example, need your help to clarify 1. As RWA is a registered body and does make rule on fine/penalties, can they impose hefty fine of say Rs25K-35K in certain circumstances, as per there will ? To give you a specific example, we have a unique case where a flat member from high rise is th...

Vacating a rented property

We have been living at this house for over 40 years, there are multiple owners of this property who later on stopped taking rent from us. We did pay property tax for some years, but then when they got to know that, they started paying the tax themselves. They have not done any kind of maintainance of the property and we have had to do it all at our cost. Now from some years every few months dif...

Possession notice by finance company

My father had taken home loan(one lakh fifty thousand) from mahindra finance in 2012,which i wasn't aware about.in 2018 they sent notice to repay the amount of (five lakh three thousand)when i called them they asked me settlement in (3lakh),i accepted the settlement amount.and payed(2lakh)in installments.but i was unable to pay remaining (1lakh)of settlement amount because of financial issues.f...

Uncle trying to capture land forcefully

My father along with his 3 brothers had division of land after death of my grandparents. As my father is the elder one, it is common in the village that the elder one gets a little more land share as he performs the last right of parents. So during the division my father got a little extra share then the other 3. It was done all peacefully and other people of the village were also present dur...

Change in Sanction plan by builder

1)Builder announced a project in 2007 with 550. 2)Builder started giving possession in 2013 and finally transfer the to society in 2015. 3)Between 2013 and final transfer to society builder added 12 flats in Ground floor which were earlier common room for residents. 4)First MC gave share certificates to few these flats owners. Remaining owners are asking for share certificates on basis of th...

Inheritance of flat in cooperative society

My wife was the member of the Cooperative Society under West Bengal Cooperative Societies Act and Rules. She expired in April 2021 intestate due to Covid. She during her lifetime nominated me as her Nominee in the Society's records. We do not have any children. I am her only surviving Class 1 heir. Now, being her nominee, the Society transferred my wife's shares and interests in my favour by di...

Tenant not vacating family property.

My father who is 81year old now had given flat of approx 1200sqft to lady who is 56 year old now, she requested the use of above flat belonging to my late grandmother. She requested to occupy this flat for 6-9 months as her flat was getting constructed in neighbourhood hence no legal rent agreement was made on promise to vacate the flat in next 6-9 months this property was given to her on month...

Cancellation of Release deed and gift deed.

Hello sir, we are muslim family. My Grandfather has 3 sons and 6 daughters, 1 wife. Our Grandfather's house is transferred to his eldest daughter (Zehra Sultana) by all legal heirs after his death in year 1979 through release deed (without division of property among the legal heirs.). Despite this all are living in same house. Later she made some random gift deeds on a small part ...

Construction by neighbour

Hi , I live in an apartment complex in Indirapuram Ghaziabad.My neighbour in the opposite side flat has installed outer unit of his split A/C very close to our main door due to which all the hot air thrown by the unit is directly entering my house if I try to keep my gate open for cross ventilation .This also creates a lot of problem if we have any guests on the gate as the entire area remai...

Registration (including stamp duty and other charges) at Super built up area,

I had agreement in Jul 2017 for purchase of a flat of 1550 sq. ft. super builtup area, however the carpet area is less than 1000 sq ft. (Not mentioned separately) My flat was registered in Apr 2022 with following lacuna/ my points for harassment by builder is as follows- 1. I had paid charges and duty (@7%) to govt on total SBA I.e. 1550 sq ft whereas the actual carpet area is less than 1000...

क्या बिना कंपलीशन सर्टिफिकेट के सैलडीड हो सकती है

2012 से लेकर 2015 तक हमारी सेल्फ एग्रीमेंट हो चुकी है और हम तकरीबन 18 से 20 लोग हैं जिन्होंने उस बिल्डर को पूरा पैसा दिया हुआ है लेकिन अभी तक बिल्डर ने महानगरपालिका के तरफ से कंप्लीशन सर्टिफिकेट लिया नहीं है और हमें सेल डीड भी दिया नहीं है एक आदमी हमें सैल डीड दिलवाने के लिए ज्यादा पैसों की डिमांड रख रहा है क्योंकि बिल्डिंग को कंपलीशन सर्टिफिकेट नहीं है तो क्या बिना कंपलीशन सर्टिफिकेट के सेल डी...

Based on Hindu succession act,

Recently hon of supreme court judgement father property equal shares to legal heirs its movable or immovable property Q1) supreme court judgement from which year to applicable if they alive or deceased Q2) female legal heirs are not interested when their father is alive and mother 2nd (father made 2 nd marriage) Q3) now they are interesting on immovable property. story is one deceased fa...

recorded land in one's name is transferred to another without informing the legal owners.

In the year 2003 i.e.19 years ago my father bought a land which was owned by 5 people but in the registration copy signature of one person is missing . That land was recorded in 2015 i.e.after 12 years but it is in our possession.We have no information about the deal.Since my father's death from 2021 one of the heirs of that absentee owner is disturbing us for that land and as the signature of ...

Builder Demanding More than the Contracted amount post Contract termination

I contracted a Builder to construct a G+2 on a private property with a total BOQ value of 75lacs, I had to terminate the contract midway due to the following reasons 1. Project delayed by 5 months against contracted completion date 2. Project abandoned for over 5 weeks by better co, no work and no security on the site and no response to calls or e-mail 3. No action taken for all the QA iss...

Society/Association is not submitting the Audit Report to the Owners

Dear Sir, Our housing society created the first committee in the year 2017-2020 in Bengaluru Karnataka in the year 2020, a new committee also got working committee was elected. However, first both the committee has not submitted the Audit report to all the owners to date, and now they have made an announcement of Election again in the year 2022 it sounds like they have done some bl...

Bank property eAuction under symbolic posession

I had participated in an e-Auction for property land and building whose bank show the symbolic possessions, i was the H1 winner and there after bank issued a sale intimation and confirmation letter to submit 25% amount by next day( 10% including EMD amount which was submitted for participating on E-Auction). I submitted the 25% , bank gave me 15days time to submit 75% whose date is ending at 3...