Legal questions on Property Law

Property tax nonpayment and division of BMC auction proceeds

We (mother, father and I) live in Mumbai. We received a property tax demand notice a few days ago pasted on our door. My father is notorious for never paying anything on time, including the home loan EMIs, maintenance, electricity etc. There is still an outstanding bank loan of 10-15 lakhs, for which there's probably some 12-13 years left to repay, and the maintenance outstanding is now 4 lakhs...

Refund of Booking Amount from Builder in Gurugram

Sir's, I have booked a commercial unit with a builder in Gurugram on 26.02.2021 after oral discussion held with the company official and property agent. Both the persons promised that 24% annual return is guaranteed for a period of 2 years from the date of payment of 50% of the total price of sale. On 28.02.2021 i visited their fair again for negotiation and due to paucity of time they presen...

Process of cancellation of agreement of purchase

I made an agreement to purchase a property before 2 days, now I want to cancel it, what should I do sir, please help me. Here is the statements of agreement : No one else except the first has got any claim, title and interest therein and the first party has got full power to transfer the same. AND WHEREAS the first party has agreed to sell and the second party has agreed to purchase the ----...

Probate of a will in Bihar

There is a plot in Bihar (6000 sq. ft., registered in my grandmother's name in 1963, self acquired). My Grandfather passed away in 1990 and my Grandmother passed away in 2013. My father has 2 brothers (one elder and one younger ) however, my father passed away in 2017, he had a job and we hardly lived in our hometown and all the papers of all the joint properties (including that plot) we had, a...

Is self rectification deed valid or not

I bought a land 15 years back.Two years back I planned to sale the land, document copy gave to buyer. He observed that in the plot plan drawing, plot measurements in the East & West sides are reversed by mistake,but in the document they wrote it correctly.Originally East side 46 feet & West side 72 feet.But in the plan drawing they mentioned East side 72 feet & West side 46 feet. So I approache...

In registered property

Hello. Please can you help me. I am female, live in the UK, and I am one of 3 siblings. We are all estranged since my mother passed away & do not speak sadly.... My mother before she died, built a house in the Punjab on land my fathers family owned. My mother passed away 6 years ago. Since then my father has been letting his brother live in the house. He then told his brother to move out but t...

How to get legal permission from RWA, to out a grill cage in front of corner flat

I am part of an apartment association (almost 126 flats), out of which almost 25 flat owners already have grill cage in front of their house for various reasons like kids safety, vastu, etc. My flat is in 4th floor corner and when I submitted a letter to association for the grill cage work, they did not object much & president gave permission (over a whatsapp message) then I started work on th...

Cancellation of gift deed - Defence for the respondent son ?

Mother doctors a situation where first she gets the son to execute a registered gift deed in the year 2016, of his self acquired property in favour her daughter then about an year leter, in the year 2017 the mother executes a gift deed of her share in her father's ancestral property in favour of her son where the son invests INR 30 lakhs for construction of a house, the mother cunningly waits f...

Neighbors and the local children attacking us deliberately

Https://sndup.net/2yxk Do listen fully to the audio evidences against the children of my area from the above link after downloading it. Because of this diurnal headache, during Mahashivratri yesterday night at around 10.00 pm IST, I was so tensed due to the high noise levels that the Shivlinga in my hands slipped, fell to the ground and broke. Every night, we are unable to sleep peacefully b...

Maintenance to be paid from date of possession or date of sales?

Dear sir, I bought a 3BHK apartment on 31.10.2020 (as registered in sales deed). However, the builder delayed handing over the property till 03.03.2020 (as recorded in the possession letter). Now, the association of home owners are asking us to pay the maintenance from the date of sales instead of the date of possession with interest. I studied the sales deed to understand if there were a...

Legal Heir versus beneficiary claim based on unregistered will

My Uncle (Father's Younger Brother) and his wife (Aunty) died without any issues. therefore my Father became the legal Heir for both of them and a decree was obtained from the Hon Court. Meanwhile relatives from my aunt claim that they are the beneficiaries of all the Assets of my Uncle and Aunt based on an unregistered Will. Even after 18 years they have not taken any steps to Probate the Will...

Unprofessional conduct by building contractor

Hello sir,

 I've made an agreement for construction at my plot. 
Agreement has been done on notarised 10 stamp paper of Rs. 10, with signatures of myself and contractor on all the pages. Due to my carelessness I failed to add any of the following points in the agreement: 1. Stage wise completion time target. e.g. Plinth level construction: 20 days, Ground floor slab: 30 days etc 2. Clear ...

Can a GPA be issued for some portion of the land?

Hi I am planning to buy an agriculture land of this there is clear title for 73 Guntas, however in-order to get access to the 73 gunta i have to buy 5 Guntas from the adjacent property so that i get connectivity to 73 Guntas. The owner of the adjacent property has agreed to sell me 5 Guntas out of a survey number which is in total 19 Guntas. However since it takes time for mutation to happen ...

Clarification on purchasing site

I entered into a sale agreement to buy middle portion(EW20xNS30 ft, North: Road) of site no. 5. Original land owner (Mr.X) formed layout sites (30x30) in this area. Site no 1 to 3 (each site 30x30) are located towards the east of site no.5. Original owner retained site 4 and 5 (total 60x30) and gifted it to his son (Mr.Y) in August 2007. In this gift deed they mention the site no as 5 and g...

Builder not returning money

I have booked the flat from of the reputed builder in Dombivli (Thane/Maharashtra) in march 2018 in 22nd floor, total floor of building is 23. But in 2019 mid they have got permission for only to built 20 floor and informed me in after 6 month In December 2019. So they have offered us to take your money back or remaining flat available in building or move to the ready possession flat. We choose...

Guidance regarding transfer of land

SIR, I am a resident of District Solan ( Himachal Pradesh). I would like to seek the guidance of your good self regarding transfer of Land. Mr. Twaariya had got two sons namely Buddhu & Kakhoo. Both were married but Buddhu have got two wives namely KASHMIRU & DEVKI. The marriage of both the wives taken place before 1955. After the death of Buddhu i.e. on 1962 , the share of Buddhu was trans...

Registering the property in lesser value than the Government guidance value

Hi Sir, I have finalized a property in Bangalore, negotiated with seller; the negotiated property value is 30% lesser than the Government value. I am ready to pay stamp duty on Government value; But seller is not okay with this, since seller would have to pay income tax on stamp duty value (not on the actual sale deed consideration value) as per income tax act section 50c. Instead sel...

Power of Attorney

My brother and his wife have purchased a property in Pune where they are listed as joint owners in 2010, they had issued a General Power of Attorney in my name at that time so that I could execute the purchase as they are residing in the USA. Now, he wants to sell the flat. However, the consulting lawyer asked him to make another power of attorney. My brother sent across a new power of attorney...

Interim committe

Dear Sir Have procured a property , wherein out of 6 towers , 4 have been completed and based on partial completion certificate physical possession has been granted. The welfare association will be formulated only on completion of the project as claimed by the builder. The other 2 towers are work in progress and will take another year for hand over and thereafter another year for completion...

Transfer of property paper on the basis of will.

Hi I am living in a house for over 25 years with my wife and kids. And I have 1 brother and 2 sisters , they all are married and living with their families accordingly. my father passed away 12 years ago and My mom passed away 9 years ago and she made an unregistered will in the name of me ( this property was under her name). On that will 2 signatures of witness also present and both of the ...