Legal questions on Property Law

Limitation of act

House at Bangalore has been partitioned into half between my fathers's younger brother n my father. It was in the name of my father's elder brother. Before partition my father's elder brother has made will to my father's younger brother which is a forged will made by my father's younger brother n has not informed about this while partition was done. Now he claims that the full house belongs to ...

Purchase of builder floor

I planned to purchase a property in Delhi. After a long search I finalised a property and took chain papers from the seller and got them verified from advocate through my bank from where I was taking home loan. They said property is clear from all aspects. At the time of registration, the sub registrar informed that there is a stay/ status quo on the property. The dispute was as under: Mr A ...

Setback area issue

Dear Sir/ma'am, I have started my home renovation work march,2020. Before that I follow all necessity and gov. rules like apply to panchayat, paid construction charge, measured the land by a amin(pierogi). After measurement he told us that we have 3 ft dispute all sides and write and sketch out the plot. Our neighbour also present that time and agree with that and also sign the application form...

Does B2 get any right?

F and M were a maried couple. They has three children - two sons S1 and S2 and a daughter D. Now S1 is 20 years old and S2 is 18 years old and D is around 13-14. F had his own business in a shop in which S1 and S2 works. F retired due to old age. But S1 and S2 didn't like each other very much and they decided they couldn't work together. So F decided to make a partition and divide the...

Cash payment over the amount mentioned in sale deed

I entered into an agreement to sell for sale of one of my floors for Rs.25 Lakhs. The sale deed was registered showing sale consideration as Rs.10 Lakhs. Balance Rs.15 Lakhs was received in cash and agreement to sell executed earlier was torn. No photocopy was retained. I again entered into agreement to sell for sale for my another floor of the same area in the same built up property again ...

Mental & Physical Harassment at the hands of the Neighbours

It has been 3 years since we shifted to a new independent floor. The neighbours above us are unruly, rude, abusive, and have raised their hands on us over disputes that can easily be sorted out via verbal chat. They are sadists who love poke & prod and pick up fights and greet us with abuses. It is just not one family member but the entire family. They spit paan on our cars, purposely make thei...

Late payment charges without demand letter.

We purchased one flat in month of February 2017 and paid 10% within due date .. we had to pay 40% but approval was under process with Ghaziabad development Authority. Builder finally raised the demand for 30% in month of January 2019. We paid that on time. After that in month of may 2019 we upgraded our flat from 2 to 3 BHK. Builder charged new rate on extra purchased area and we agreed...

Defaulter Member of society

Our 70 member society is facing a problems with one members who is so adamant and not paying dues from 1998 the total dues of the defaulter members dues is 12 lakhs approximately and this is causing a lot of distress to other members of the society..we are applying an interest of 9% simple interest per.annum on total arrears and still he is not bother to pay and it looks like he never wants to ...

NOC from another legal heir to sell property

Flat owner died without making a will. Subsequently, his wife also died. Thereafter their two sons, being the legal heirs furnished Stamped Affidavit to the Co-op. Hsg. Soc. (under Maharashtra Co-op. Hsg. Soc. Bye-laws) conveying their no objection to accept one of the brothers named therein as a member of the Society, with further declaration that no other legal heirs are left behind by the de...

Will

The property in Maharashtra was jointly held in mother and fathers name and was their self-earned ,not ancestral.After demise of father without any will, mother, myself,Married sister and my elder brother - 4 are legal heirs. We have relinquished our rights in Mothers favour but the said deed was only notarised and not registered or paid of any stamp duty. Elder brother has been deserted by his...

Owner taken loan on property occupied by me without consent

I am occupying a flat on lease basis since Oct 2013 by executing normal agreement and extension of agreement without registration. Total amount paid is 12 Laksh. The agreement is being extended regularly. The owner has taken loan from finance institute and the loan date is after my agreement date i.e. 30.10.2013. Owner has taken one more loan from same finance institute in 2015. Since he ha...

POA agent made self sale deed of property

Dear sir, Mr Srimurthy came to us as buyer for our undivided hindu family property in Bangalore central which is of 2160 sqft.and made registered sale agreement for only 1284 sqft. and consideration of 1.75cr and only made 2 lakh advance in form of DD.and rest some 48 lakh as cash for legal documentation like khatha dispute of same property in 2016.and sale consideration for 3cr.later he convi...

Waarisan Certificate

My father had been a State Government Pensioner who expired in 2013 & was drawing his pension from SBI with my mother as nominee. On his expiry we had submitted a letter of notice to the bank informing about his death with a copy of his death Certificate to stop further credits to his pension account. My mother being very unwell was unable to personally visit the bank to complete the necessary ...

Wrong Survey Number in Sale Deed

We are planning to buy a constructed individual house (G+1 Triplex) house in Bangalore. After the reviewing the Property documents, we found the following. 1. Agriculture Land Survey number 8/4 was belonging to three owners. 2. Later they decide to partition the among themselves, initially it was rejected by tahsildar. 3. Land lord approached the Court and Court has directed tahsildar to a...

Indemnity Clause in Sales Deed

Dear Mr. Kalaiselvan, We are selling a property in Bangalore and buyer has included some detailed clauses to indemnify them. A couple of them look a bit unreasonable. Need your suggestions on the indemnity clauses. e.g. a) The PURCHASER and her successors-in-interest hereinafter shall be entitled to have, hold, own and enjoy the Schedule Property by virtue of this Deed of Absolute Sale abs...

धारा 166/167 जेड.ए.एल.आर.एक्ट/ धारा 143जेड.ए.एल.आर.एक्ट

I belong to OBC caste. I have purchased a non-agricultural land (143 order issued in 2003) from a General caste buyer in year 2008 in Kanpur, UP.That land was purchased by this General caste seller in year 2002 from chairman of a grih nirmaan samiti. 1. When I bought land in year 2008, I have taken previous duly registered registry copies and found that seller name was there. However there wa...

Validity of Public Notice for sale of property (TSR)

I purchased the Flat from widow of Mr A. Mr A has 3 children. The Flat was jointly owned by Mr A and his wife. After death of Mr A, the society transferred the Share Certificate in name of Mrs A (the widow). Post this, the widow sold the flat to Me. The widow did not apply for succession cert or legal heir certificate. However, as precaution the Flat agreement for sale I insisted on ALL parties...

Wingwise societies under one housing project

We have purchased one flat in housing project having two phases. Phase 1 (Wing C&D, 84 flat owners) & Phase 2 (Wing A&B, 95 flat owners) on one plot in Warje area Pune. There are some common amenties like Water Storage Tank, Club House, Children Play Area, Gym, Ganesh Mandir, Diesel genset on sharing between Ph 1&2. They are in one common area between two phases. Each phase has separate ent...

Property purchaser deceased and advance amount forfeited

Hello there, This is to let you know that, my father had attempted to purchase a floor of a bungalow as a flat occupancy with 3bhk configuration. On 12th August 2020, the property seller had made a non-stamped Memorandum of Understanding (MoU) stating the sellers' and purchaser's identity and the necessary property sale clauses wherein my father signed as the purchaser, and I, being his only s...

Pagdi rent receipt not in the name

Dear Respected Members, I seek for your help for below subject. Me and my family (3 generations:me, father, grandfather) have been living in a pagdi system room for last 40+ years in Central Mumbai. However the rent receipt is on the name of my grandfathers brother and the house was being given by him to my grandfather in mutual understanding. Both of them have passed away now. However...