Legal questions on Property Law

Father's loan repayment

One of the four sons gave money to his father.Father expired telling his elder son to settle all the dues of his son who gave money. Father appointed his elder son as a nominee for his shares and bank FDs. But elder son as nominee is partitioning shares and FDs among four sons and a daughter. Elder son says that they will give back only principal amount and even for that they all ask for a writ...

Family settlement/Gift Deed for the sons after the Father signing a Joint Development Agreement

Given that the father has entered into a (registered) Joint Development Agreement on a 2000 square yards land with a Developer, can the father settle or gift his two sons either a part of the land (500 square yards each) itself or a percentage of landowner share that is agreed in the Development Agreement with the builder? If yes, how can it be done? More details: Landowner (Father) has 40%...

Partition of Joint Property

Dear Sir, I have heard about your reputation in handling the case very efficiently. Hence, I approach you with a problem and request guidance to move further in the matter. I am 50% owner of an apartment in Bhowanipore, Kolkata 700020 with my late brother who has died without leaving a written Will about 7 years back. His wife also died about 4 years back without leaving a written Will and...

Tenant Rights in a society / Apartment

I am a tenant in a appartment of 25 flats and it is registered society. I am paying the maintenance of Rs 2500 per month as a maintenance. The question is, with the maintenance amount of society they are improvising many things in apartment like Lawn development, Exterior wall of apartment painting and Cellar development/ side wall construction ( all these are new activities which were happe...

Housing association forcing it's decision

I live in group of Bungalows and row houses where all owners have formed a HOUSINGOWNERS ASSOCIATION for maintaining common utilities like electric bills, maids etc. We have a bank account and pan card. I never questioned the validity of that and regularly give my maintenance fees. However it's not a registered society or ever an registered association per se. We have a gate for last 20...

Need advice for buying home with full payment in RERA registered under construction project

There is a residential project in Panvel that I am interested in buying a home to get settled. The project is registered in RERA and HDFC, Axis bank had cleared the project for loan (I have my cousin in HDFC loan dept who confirmed this). Currently only excavation work is going on and possession in by end of 2026. The builders previous reputation is good (no problem with any previous projects)....

Owner not returning my security

Sir, I m from madhya pradesh and currently living in Delhi. Here I m preparing for upsc exam. Upsc exam this year going to held in 16 June so earlier I planned to give exam from delhi and then vacate the room. But the problem comes in the month of March. My ro rent is 10000 and I have deposited 10000 as security amount. In the month of March owner asked for Rs.500 extra and I said why I should ...

Mother needs safety, daughter-in-law too needs safety

Hi Lawyers, My mother owns a plot in Bangalore BBMP limits (B-Khata property). She bought it from someone through sale deed. It is her self-earned property (she was salaried), and not ancestral property. Terms are not good between my mother and my wife. I have a sister (born in year 1983). My wife and my sister too do not have good relationship. Basically no one trust any one. My sis...

Facing harassment and threats from villagers over land ownership

Background: Twenty years ago, my father was awarded a patta for a 2.5-acre land in his ancestral village, a property under our family's control for over two centuries. However, a property dispute arose when my uncle illicitly obtained ownership by bribing the retiring tehsildar, leading to a wrongful transfer of the patta without any notice to us. Our family was not notified of this alteration...

Legal Considerations for Purchasing Property with Discrepancies in Ownership Records

Description: Person A intends to sell a piece of land located in Hyderabad, Telangana. However, the land is currently registered in the name of his father according to the passbook. While the Dharani portal reflects the father's name against the property, the Encumbrance Certificate (EC) portal indicates that the property is registered in square yards to multiple individuals. As per EC records...

Can my former landlord ask for money after I've left the property?

Hi, I was living in a flat as tenant from 2018 November till 2023 January. I paid the rent every month as agreed from 2018 November till 2020 July. Then it was pandemic time and as I work in tourism sector in India I lost my job and there was no source of income for my family till 2021 November. We struggled a lot at that time and we were unable to pay the rent of that period. Then again from 2...

Security deposit

Hello lawyers, I'm currently staying at kailash colony, South Delhi for the past 2 months. I don't have any written rent agreement with my landlord, but orally i told her I'll stay for 11 months. Due to my work schedule and the behaviour of landlord, i wanted to shift from here as soon as possible. So I'm shifting next month. I paid 20k as rent for the first month and 22k rent as second m...

Buyer back out after 3 month without signing sale agreement

Hello, January 2024, we agreed to resale our flat to one buyer with agreed advance payment of 10%, but he only transferred 51000/- on 31.01.24 (which is not 0.5% of the flat value), as he said he would pay more amount at the time of signing the agreement but after that. The first 15 days - He was vanished and didn't respond to our call by stating he was sick and hospitalised, so he was unab...

Double Maintenance of Tenants

Dear Advocates/Legal Advisors, I am reaching out to seek your guidance regarding an issue I am facing in my current residence. I reside in a rented flat under the Mukhya Mantri Aawas Yojana at Shashtrinagar, Ahmedabad, Gujarat. For some time now, I have observed that the society charges double maintenance fees from tenants compared to owners. For example, if an owner pays Rs. 300 for main...

Inquiry Regarding Property Purchase in Delhi

I am writing to seek clarification and guidance regarding a property I am considering purchasing in Delhi. After shortlisting a third-floor unit, I discovered discrepancies in the building's construction compared to the approved map. According to my findings, the approved map indicated a structure comprising Basement (B), Ground (G), First (1st), and Second (2nd) floors, covering an area of ...

Patta vs sale deed measurement - which is valid?

Hi all We are living in tamilnadu in a land classified as grama natham which was bought before 30 years. It had it's patta issued before 20 years. We built a house before 15 years and living there ever since. The total measurement in our sale deed is 1044 sqft. And our patta measures 1475 sq.ft. but we were not aware of our measurements. Before our house there was a land which was vacant all...

Can Society pass a resolution to clamp a vehicle that is illegal or noncompliant

Hello Respected Lawyers, Hope you are are well!!! I am Avdhut Killedar, a resident and one of the committee members of My society located in Thane west, Maharashtra. The society has already passed a resolution covering a parking policy(Rules) wherein every member is asked to sign an undertaking to follow the rules and if found violated by any member then society may take an appropriate action ...

Renting of Residencial Property for Commercial Purpose

Subject: Renting of Residencial Property for Commercial Purpose Sir We live in a Multi Flats Building with only 10 ownership Flats in 4 Floors In the ground floor there is no Flats, have some Commercial Shops like Dosa Shop,Two Medical Shops and two car garages of two Flat Owners Recently one has lent out his garage to a Kachori Shop which Is using Gas cylinders and which may cause some ...

Cancellation of agreement of sale for not having original documents but buyer refused for the cancel

The documents we have are sale deed , digital kata ,23years tax paper and EC on my name but our property is not registered but notarized and we do not have original documents as its with my mom she refused to give it so I decided to sell it with Xerox copies but I have sale deed and digital kata as certified copies with only these documents I made an agreement of sale for plot was 75 days.so th...

Regarding Holding Occupancy Rights of Tenants in Cantonment Area

My grandfather started a shop as a tenant in 1950 in Cantonment Area and my family is running the said business till date. The Landlord sold the Old Grant property (only the superstructure; lands belongs to Central Government Ministry Of Defence) to one of the neighbor tenant in 2018 via Sale Deed. The Sale Deed has mention of the various tenants and rent fixed per month. The rents were frozen ...