Legal questions on Property Law

Implication of returning earnest money by legal notice

On 16 Dec 2019, we signed plain paper agreement to sell property. Agreement text included:- a) last date for execution of agreement - 30 Jan 2020. b) conveyance deed from PUDA should be issued to us by 10th Jan 2020 (since we didnt have conveyance deed). c) earnest money provided was 2Lac cash, and two cheques of 10 lac each dated 30 Dec 2019. d) in case buyer backs out, earnest money to b...

Can I do anything if my father makes a will in the name of his grandson?

Myself daughter of my father. Some months back my brother beaten me and also dislocated shoulder of my son. After this incident my parents come with me to my in-laws house and forced me to not file complaint of this act, and I agreed upon this. At this time my parents agreed to give me RS 1 crore from the share of ancestral property and said I will not take property When my parents gone back to...

Brother and his wife are not ready to give property papers to my father

My father is a senior citizen and penalized for the last 2 - 3 years. After this situation, my younger brother and his wife take over all property paper under there custody. But a few days before my father asked the brother to give it to him, but he refuses to give. He said I would not give it to you at any cost. His wife also threatens my father severely and get back to there home with her bro...

Forming a society without OC and municipal water supply

I purchased a flat from builder in Dec 2018 (District Palghar, Maharashtra) by taking home loan, 80% of my flat. We were amongst initial occupants. Total saleable flats are 154. We were told while booking a flat, in Nov 2018, that in 4 months time OC and municipal water would be available and thus they gave us fit out letter and made us allowed to occupy the flat in Dec 2018. Till now that is J...

I purchased a ready to move flat on transfer basis

Hi I purchased a flat from someone on transfer basis since he doesn't have done the conveyance deed with the builder yet. Due to this, I was expected to get the house totally as new when taking handover. However builder has taken 8 months from transfer formalities as of now & even after the execution of Conveyance deed happened in Feb'20, builder is delaying to hand it over to my bankers (Pr...

Grand daughters rights in geand fathers property

My Grandfather (GF) has self acquired properties from his maternal aunt by way of settlement deed with wordings like "putra-poutra". GF has 3 sons and 1 daughter i.e SON1, SON2, SON3 and DAU1 I am grand-daughter of GF and daughter of SON3. Both SON1 and SON2 have sons. Before GF death, GF left a will bequeathing his properties to sons only with SON1 being the executor. The will's geniuness ...

Half brothers captured property

Dear sir, I S Kiran Kumar s/o Shankar S,we are total of 8children to my father,2sons &1daughter to 1st wife (alive)and 3sons &2daughters to my mother(demised). My father (alive)is a retired government employee who earns 1000rs of pension currently. He was working with lock out factory till 2001(retired) after 30yrs service and his salary while retirement was 4000rs. My parents marri...

Family Property Dispute

Hi, I’m writing from Bangalore with regards to Family Property Dispute. My Uncle recently passed away ( 2nd June 2020), he was 71 and Never Married. He retired from a State Govt Organisation. He was a Engineer by profession. He is survived by 2 Siblings ( Younger Sisters ) both aged 60+ Married & Settled in life. My Uncle has Left behind few Fixed Deposits & Balances in his savings accou...

Address Change in Property Documents

Respected Lawyer, Good Evening! Hope you are doing Great! I had purchased a flat (1st floor) in Delhi. To brief you, this was a 100 yard land with X person by only Khasra Number, he sold it to Y person. The Y person again sold this land to Z person in Khasra Number. Now this Z person sold this land to builder A & B (partner), but here came the plot number along with khasra number. Fin...

Construction on a disputed property

There is a person in my office who has purchased a 600sqft plot on 27th Aug, 2019 in LucknowWhen mutation took place, the brother of the seller filed an objection into Tehsildar court. His objection was dismissed by the Tehsildar and mutation took place in February, 2020 Which eventually started showing on the internet. When the owner of the plot went on to start his construction work, we got t...

Delay in Possession Flat & non-compliance of MOU

Hi, I booked a 2BHK flat on Dec 2015 with one of the reputed builder of Delhi/NCR, under subvention plan, with date of flat possession in MOU(Bank-Builder-Buyer) as Dec 2018, and in agreement as Dec 2019. >Flat Value is 70 Lacs. Till date 10%(7 Lacs) is paid by me, 32 Lacs disbursed by Bank. >The construction work is almost stopped from last 3 Years, last disbursement was made in 2017 > A...

Property issue between grand son, step grand mother and uncle

Hi my garand-grand father buy a land, he had five child, two son three daughter. he died, then his land is divided into two sons and daughters also supported it. thus my grand father become owner of a land. now he done two marrigies in his life. one after another. my father is son of first wife. after some time my grand mother died of some disease. then my grand father married new wom...

Difference between gift deed vs settlment deed

Hme ek jagah ki registry karni hum do हमारे पास एक जगह है वह जगह मेरे पापा ने अपने पैसों से खरीदी है हम मैं यह पूछना चाहता हूं कि हम कौन सी डेट करवाएं हम दो भाई हैं वह जगह मेरे पापा मुझे देना चाहते हैं मैं यह क्लियर करना चाहता हूं हम कौन सी डीड करवाएं सेटेलमेंट डीड करवाएं या गिफ्ट डीड करवाएं आप हमें कुछ सजेस्ट करे हमें ऐसी डीड बताएं जो कल को कोर्ट में चैलेंज ना हो सके क्योंकि मेरे और मेरे पापा ...

Request for a Refund

Hello Sir, I have sent several emails to the company "Vera Developers Pvt. Ltd." regarding my request for a refund. But unfortunately, no official reply has been received from the company till the date. I am sharing with you the details of the email that I had sent in recent days to the company as follows: Dear Ma'am/Sir, Kindly refer to the commitment that was made on "04-Nov-2019" ...

Partition deed

My brother and I, both married, have been living in a house constructed on 1200 sq ft plot built by our father. He lives in a single room with his two children and I have the control of a room and Kitchen. Both of my parents live with and are taken care of by me, naturally requiring me to have more space and thus the Kitchen. My brother and his wife are now asking me to handover them the c...

Unregistered will

Last year my uncles registered all the ancesteral property by giving a small share which is unequal division to my mother, the will which they have mentioned in the register office has no witness and there is nothing mentioned regarding the witness and 2 properties in the will have disposed when my grandfather was alive. Can I challenge now, as it is not a genuine will and it not assisted with ...

Is NOC required before giving my flat on leave and license

My mother is a single parent and has been giving her flat on rent from several years but now when the committee has changed there is a rule passed for NOC by the new secretary who gives his flat on rent commercially but never submitted the noc till now which I know and even the treasurer who is using his power with him has also given his flat after buying it initially this year but has imposed ...

Can a registered GPA holder sell a property

Hi Could you please clarify with below points. Background: ----------------- 1) Seller have 9 children, out of 5 are sons and 4 are daughters. The property is from seller's father-in-law and partition deed executed on 2010. The entire layout is registered in the name of seller and her 5 sons, completely excluding all her daughters. The property they are going to sell is a plot which is ...

Is transfer of property from GPA is valid

I have come across the below scenario and wanted to know if the property has clear title. 1. The property was acquired as ancestral property bifurcated and registered in 1982.(call X) 2. X has given GPA to real estate developers Y and Z to perform the following duties a. To obtain all the approvals from government institutions b. To represent him in front of all government institution...

Is their any law in favor of upper flat owner if being tortured again and again for leakage problem

I am a resident of lodha's golflinks project in palava city, I have my flat on second floor and has a sundeck area attached to it. The flat beneath me is a garden flat having a private garden.i had few plantations in my sundeck area. In 2018 Lower flat had an issue of water leakage in their flat, on inspection by the lower flat owner and expert team they pointed out to the Plantation in my area...