Legal questions on Property Law

To refund the advance amount

I decided to purchase a resale flat which is still under construction . I booked it by an advance amount of 3 lakhs 50 thousands on 17th March 2020. I had to take loan from bank . But again and again the agreement which was made by the builder shows some fault by bank. So it rejected. At last the builder says to take a lawyer and make a new agreement. So we did it. And the fresh agreement was s...

Regarding division of Property

There are two daughter & myself son of my father (Died on 23 Feb, 2021) and mother (Died on 30th December 2006). My both the sister are divorcee (Elder sister is working as a clerk in Kendriya Vidyalaya, ONGC Ankleshwar and is having a son aging 30 years and younger sister who was staying with my father, was handling beauty parlour in the shop owned by mother and is having no issue) and myself ...

Right of Parents and Extended Family Members for Visitation, Financial and Other Helps

Hi: Me and my wife are both working couple. My wife is very abusive towards my family members. I have so far never talked harsh with her side family members. I contribute half the share of my, my wife and our kid's expenses as well as I solely contribute in large expenses such as jewellery etc. Our salaries are very similar (mine slightly more). From my remaining salary, I contribute a fixed a...

Indian Succession Act and Indian Evidence Act

I would be highly obliged and thankful from the bottom of my heart…. If my Ld. Lawyer’s fraternity would answer my few queries regarding the competency of attesting witness of the Will. *I representing the plaintiffs in this case*. Deceased mother (housewife) of two-plaintiffs and three-defendants executed *Two Separate Registered Wills before Sub-Registrar*. One Will is in favour of Defenda...

Parking issues

We have 4 floor apartment (total 12 flats), constructed in 2011. first 2 floors are authorized and other 2 floors are not authorized. We have space for only 9 parking lots. Landlord held 1 flat in the apartment on 4th floor, for which there was no parkinglot allocated, but recently landlord sold the flat to a tenant (2020) who was staying for rent in the same flat and now the tenant has become ...

Neighbours interrupting progress of building construction.

We are building a house and the neighbour claims that four (4) feet of our land, from the previous common wall, belongs to them which interrupts with the building construction. They requested enquiry from Land Revenue and Settlement Department, and upon inspecting both (ours and neighbours) our LSC and plot of the land by representative from the Department, in the presence of Local Council memb...

Hsg Soc Share Certificate

Hello, Our residential complex falls under SRA plot. I bought a Flat in a Residential cum commercial tower in 2011. The builder was to give us the possession in the year 2013 however, he failed to do so. Finally he gave us the fit out letter in the year 2015. Still we have not received the possession letter or the OC for the building. However, the flat owners started to occupy the building and...

Conveyence and Redevelopment

Society Registered in 1987, developer left the society without completing the constructions and conveyance. In 2000 some of members file case in consumer court for conveyance and balance construction. In 2008 Consumer Court passed order in favour of members asked Developer to Convey Land in favour of the Society and Complete the balance constructions within two months. Developer instead...

Conveyence and Redevelopment

Society Registered in 1987, developer left the society without completing the constructions and conveyance. In 2000 some of members file case in consumer court for conveyance and balance construction. In 2008 Consumer Court passed order in favour of members asked Developer to Convey Land in favour of the Society and Complete the balance constructions within two months. Developer instead...

Noc and other documents

Dear Sir / Ma'am, we are in to business and having shop which is pagdi palce. We are three siblings me and my two married sisters. My father wants to distribute what ever he has equally between his three children. During family settlement my father has passed on the shop to me and the share of my two sisters from the shop will be deducted from my other share. I was with my father into this pla...

Penalty for late payment

Hi, i have bought a resale flat in a housing society in Thane, Maharashtra. The sale agreement was registered on April 1, 2021. Now only the bank loan contribution is pending. The bank has raised queries regarding the development agreement done by builder in 2006 and 2007 . These lease deeds were not duly registered so bank has asked for secon legal opinion. Otherwise the building has occupancy...

Land distribution b/w the sisters after mothers death

My grandmother having two daughters , my mother is the younger one, few days back my grandmother died , and the land was not distributed bcoz of my grandmother's decision to share after her death , actually by the acceptance of my grandmother we built a house in the front part of the land as our property is long but not that wide ( as per our little knowledge the land would be shared front and ...

Property dispute

Hi - I have a ancestoral property in state of Uttar Pradesh. My father and uncle reach a mutual agreement 20 years back to split the property in half and had the agreement on 10 rupees stamp paper. Since then we took ownership of our piece of land and used it as suited for our needs. There was a parcel of land that has brick boundry and has a gate for exit and entry of the property. The exit ga...

Registry after certificate of sale under sarfaesi act

A borrower took loan from finance company by mortagaging his property as an equitable mortgage, after which he defaulted and the Finance Company after following the due process under SARFAESI Act including demand notice, possession notice,sale notice, published in 2 newspapers etc. etc. held auction but no one came for bid and sale failed, then a purchaser approached the company after few month...

How to get stay order on a selling property

My family is the main owner of agricultural land located in Girim, Pune and my one parental aunt was in other property rights(she was born before 1956 and expired ). My parental Aunt's son(he also expired in 2020) filed an appeal against my family for the main owner right, we fought the case in the civil court and as a result, the case got disposed of by the Prant officer( Sub-Divisional Mag...

My tenant has filed a suit claiming 5 lakhs for his eviction, is it possible

I had rented a shop for a sweet and snacks stall and entered into 11 months agreement. After 7 months I personally served 2 months notice for vacating 3 shops i owned for my own purpose of the premise for starting a business. This particular sweet and snacks shop tenant is not vacating, I had several meetings with him but he is still postponing with requesting 1 more month and this has now reac...

Notice period and lock in period.

I have a lock in period clause for 8 months (ending on 14th June) and notice period of 1 month. Can i give 1 month notice on 14th May so that I can vacate at the end of lock in period? My landlord claims i can only give 1month notice after the lock in period and that i need to pay until 14th July. Below is the relevant clause from the agreement. 10) Lock in period: Both the parties have agre...

Swaping Properties

I am in the process of purchasing a new house. I have looked at many options and narrowed down on a house in the same locality few meters away for which discussions are underway and almost a done deal (H-A). I am also interested in my neighbours house with which our house has a common wall so that I can connect the two houses into a larger one (H-B). (All these house are same dimensions) I h...

Legal opinion reg. Purchase of Mortgage Flat

I want to purchase a Resell Flat in Behala, Kolkata. My question is that the Flat is in the name of the landlord. The promoter developed this flat to the landlord joint ancestors property /land and gave 3 flat among the 3 ancestors of the family members relationally they are brothers and sold rest of the other 5 flat to others. I got this information from the broker that one of the flat is ...

Lease Closure

Hi Team I have a registered agreement and have a lockin period of 12 months starting 1 jan 2021. In April, the Tenant has not paid me the Rent, and now has vacated the premises and handed over the keys to me and also taken his belongings from the premises. I havent returned him the security deposit as the lockin clause clealry states 12 months, and the cancellation clause mentions that onus ...