Legal questions on Property Law

Builder is charging approx. 5 lakhs extra for possession of flat

We booked a 3 BHK flat in May 2017 with a mentioned super area of 1700 sq. ft (below is transcript from the contract): F. AND WHEREAS the Flat Allotee has applied to the Firm vide application date _____ with an initial advance of Rs ________ agreeing to the terms and conditions as set out in the application of the allotment of Flat No ___ on Floor ___ in Block ___under Category 3BHK having a...

Being a tenant, wants to move out of the flat

Under the following clauses of the agreement can the tenant vacate the flat by giving one month notice to the LL after two months of stay period: Clause 10. Lock-In Period: Both the parties have agreed to set a lock in period of 10 months during which neither the licensor shall ask the licensee to vacate the premises, nor the licensee shall vacate the premises on his own during the lock in p...

Releasing the private road to Panchayath

My property is located within the perimeter of a family-joint property. As per the deed, i have the right to use the road for commuting. One of the owner is holding a property within this joint property in which heavy vehicles are frequently passing by. It's just a normal hard sand road. Due to this reason, there are so many potholes are formed, getting too much of waterfilled during the rainy ...

Can I claim property as per family arrangement

My grandmother purchased a property in1959. She has two sons and three daughters. They all constructed a building in a joint family income and some portion leased to tenets.But due to some dispute my grandmother wrote a will to his grandchild ( second son's son for me he is brother) in 1994. My father (elder brother of grandmother)filed a suit that he had rights in property and court ordered fa...

Grandmother gift deed property to second daughter, first daughter and her husband refuse to vacate

Hi, My grandmother got the property from her parents (its in village and no proper documents though). She has 3 daughters and during first daughter marriage she gave some agriculture land and money(during 1970's). My mother is the second daughter and during my mothers marriage 3 acres was given. post the marriage of my parents, my parents(second daughter and son-in-law) took care of entire f...

Recover rent from tenants staying for more than 15 years without paying rent

My father had given a building for known people for stay / running an educational institution more than 15years ago. It might have been a verbal agreement I don't know. I lost my father last year due to illness and this matter was not discussed with me in detail. Tenants are successfully running the institute till now. So I now approached the tenants to pay rent hence forth but they refused to ...

Encroachment by vendors repeatedly on public property and path near house

There is a vendor who uses a mobile triwheeler modified into a shop who is encroaching on public property and path next to our house for an year and was removed by municipal corporation and warned by police. He has encroached again. What are the steps one could take to deter and legally handle this after complaining to again to the corporation and police. The vendor now suddenly claims that he ...

Requesting for one week extention of one month notice period to vacant the flat

Hi..I am staying in a flat for 4.5 years now...every year the landlord has made an agreement but since last year the agreement is due and whenever I have reached out to the broker or owner for that, they told me the owner is not in town ..now it's almost been an year that there's no agreement. I have been paying rent of time every month. On 28th July 2022 the owner has sent me the notice on w...

Title Transfer at PMC (Pune Mu iciple Corporation) - Do we need Property Card?

We have a plot (+ almost 30 years old bungalow built by my parents on that plot) in a Co-operative Housing Society (CHS) in Kothrud, Pune. The plot and bungalow are in my parent's name, and we want to transfer the title to us (myself and my sister) for future redevelopment since both of our parents are no more. The CHS shares + CHS lease deed and property tax record at PMC is in our parent's na...

Daughter claim on sold property after 30 years

An undivided joint property of 115 dec of two brothers but mutually there sons has divided after the death of both fathers. One part (say A) is 57 dec was purchased from his three sons in the year 1992 March. Due to the settlement process, Revenue dept has not issued Patta soon after registration. The settlement camp started in the year [deleted]. Meanwhile I have applied for Yadast in the ...

From when can builder start calculating CAM charges to flat owners?

Hi, I had booked my flat in Aug 2020, by paying 2L booking amount at the time. As part of the deal, I was offered 18 months maintenance (CAM) free period. During the next couple of months, partial payments amounting to a total 20% of the property cost were made (there was an instance where application was refilled and booking amount refunded and new cheque shared as OC was received by th...

Validity of unregistered family settlement deed

I and my brother (who is not alive now) inherited agricultural land from our father. And both of us had 50-50% share in those agricultural lands. After my brother passed away in 2007, the names of his 6 heirs appeared on the revenue records of that agricultural land. My nephew recently took my signature in an affidavit, in which it was written that I relinquish 50% of my share of land to my nep...

Landlord not returning Security Deposit

Hi, I moved to Hyderabad and took a flat on rent, I paid an amount of Rs 30000 security deposit through UPI and 15000 Advance rent. The owener said he will make the agreement document in few days and I can take the posession and start living in flat. After moving in the flat I started facing problems like water leakage from apartment above mine. After complaining to owner he kept ignoring and ...

Boundary Wall Issue

मैंने Agricultural बाली अपनी जमीन पे घर बनाया है| मेरी जमीन के दोनो साइड भी Agricultural जमीन है जो किसी दूसरी पार्टी की है| जहां से मेरी जमीन शुरू होती है मैंने वहां से 2.5 फीट छोडकर घर बनाया है| जहां से मेरी जमीन शुरू होती है, वहां से मैं चारो तरफ से अपनी सीमा देना चाहता हूं लेकिन एक तरफ पड़ौसी बोल रहा है की आप सीमा नहीं दे सकते हैं। बो बोल रहा है की मुझे तुम्हारी जमींन में खड़ा होने के लिए स...

Neighbor Nuisance

Sir I have a plot with road on two sides of it( Nagar palika constructed), I want to put a gate on my plot but I am being threatened by the person who is living on the opposite side of the road, saying that this is his private road and says he won't let me put the gate on the other side too, as he wants to purchase the property at nominal price by making it disputed. So, I went to the police ...

Issue with additional parking in redevelopment

My building has gone for redevelopment. As per the agreement with the builder all members having stilt garage will be given one additional parking. The stilt mentioned in my agreement was not alloted to me and given to the owner and I was alloted another stilt which I am in possession of. The owner has partioned half of my stilt as well and now claiming one parking in lieu of the redevelopme...

Sale of Settlement Deed before demise of Settlor and his wife

Case Background: My Father in law has executed a settlement deed for a flat in Chennai in favour of my wife in 2009 mentioning the clause subject to interest of him and mother in law being taken care of . The Exact wordings are Subject to the life interest and right of resiodence and Income of Settlor ( My father-inlaw) and Settlor's wife ( My mother in law) . He also has put a clause that if t...

What happens as a Tenant if we break 2-year lockin period?

Hi Advocates, Recently I bought a rented IT Office premised of 600sq ft from IT Tech Park, Dharwad. The IT Tech owner and admin made a valid BBMP rentak papers and it was mentioned 2-year lock in period and I have bared the stamp paper pricing upto 14k INR. After 6 month the business was down inside IT presmised due to corona 2nd & 3rd wave mid so we closed the operation and planned to mov...

Landlord Died and new Heirs not returning security deposit

My landlord Died in 2020. Our previous agreement was valid till Dec 2021. All Heirs living out of mumbai throughout 2020 and 2021. At the end of 2021, we asked for new agreement but it was never made. We became parents in Aug 2021 hence we wanted to continue in same flat. In Apr 2022 , Daughter and wife shifted to Mumbai in their flat next to us. In Jul 2020 she asked us to vacate flat in one...

Tenant eviction (Property management fraud case)

I have an independent house in Chennai. In October 2021, I signed an agreement with a property management company to let my property for Rent. In December 2021, i was told by the property management company that they have found a tenant for me. I got the rent only for the first 2 months. After that whenever I called them asking for rent, they keep giving excuses that they have Audit issues and ...