Legal questions on Property Law

Probated will on ancester property

Hi, I need an advice on below dispute related to ancestoral property. My grandfather had 6 acre of farm land out of which 3 acre land was ancestoral and 3 acre land he had earned in his lifetime. Now after his death in 2003, My one cusion has done mutation of whlole land on his name. he claimed that my grand father had made a will and donated all his land to his name. he had already prob...

Partition Deed Registration

Hi I purchased a 1450Sqft Super built-up area flat in an apartment in Bangalore in 2016. There are 15 Flats altogether in the Apartment Buliding with 3 apartment in each floor with a car parking at the basement. We got the procession in 2017 and undivided share in the land was registered by the builder. But the Flat is yet to be registered even today. We have requested the builder number of ti...

My wife expired ,a flat registered owned on her name needs to transfer title

I purchased a flat at pune after marraige on my wife’s name,all the payments to builder including Emi’s to bank are paid by me till now.She committed suicide in four months after marraige due to mental illness.My in-laws put charge upon me of 498A,306 ,I got acquitted from the charges. I am paying Emi’s till today regularly .need to transfer title as it’s required to be put up on electricity b...

Clarification on Subject property described in MOU

I am trying to sell my flat that also has a parking plot allocated by the society. The MOU consists of the following clause: "Vendor/s has represented that, he/she is well and sufficiently entitled to and/or is seized and possessed of the property being all that piece and parcel of property being XYZ along with all furniture and fixtures, all deposits with all concerned authorities, the member...

Power of Attorney

Mr Rajan was living in Mayur Vihar, Delhi. He purchased a plot in a city in Tamil Nadu. He borrowed money from his friend Ganesh in Delhi. Since Rajan cannot repay the loan, he willingly gave the plot to Ganesh in lieu of that loan. Instead of making sale deed, Rajan gave Ganesh power of attorney (POA) for that plot, because Ganesh thought he could give back the plot to Rajan if he repays the l...

Cheating / Fraud by Builder - Builder has performed sale deed (2020) after my agreement for sale (20

Hi All, I have purchased the flat in 2014 and we have done sale of agreement. I have also taken the loan from HDFC Bank which i am paying the EMI. This project was delayed by builder for 5 years, since 2018 he is asking for extra money, and I denied hence he has not given possession to me in 2021. Now i come to know that he sold the same property in 2020 to another buyer. I am looking for cou...

Property Issues

Hello. My grandfather has 6 children. My father is the 5th child. And he has 3 brothers and 2 sisters. In my community, the father stays with the youngest son and the youngest son takes care of the elders. Due to this, the youngest son acquires extra land when the father devolves the land. The females do not acquire any ancestral property. But my aunts forcefully converted the ancestral proper...

Builder not paying Pre-EMI Legal Notice from Bank

Hi, I had booked a flat with a reputed builder in 2016 in subvention scheme. The promised possession date given was of Dec'18. However the project is delayed now and new date of possession as per latest information is in Mar'2023. During the course of time, Builder has now stopped paying the Pre-EMI citing lack of funds and is asking me to pay the amount which he would adjust in final settleme...

Rental Agreement related

I have taken a property on lease in Noida Up to run a small scale factory , the agreement we have is for 5 years where 3 year is a minimum lock-in period which will be end up on coming November-15th -2021. our existing landlord has sold out this property to some other company , now this new landlord want us to sign a tripartite agreement for the following reason. 1. The Agreement is for two mo...

Common passage and easement

A plot of land mentioned in the master plan originally owned by Lalaji. He left his four sons, Viku Ram, Miku Ram, Chiku Ram, Piku Ram and at a partition which was effected among the four brothers in the year 2012, this plot was divided into four parts. The plot marked A in the plan fell to the share of Viku Ram, the plot marked B was assigned to Miku Ram, the plot marked C was assigned to ...

Probated will on ancester property

Hi, I need an advice on below dispute related to ancestoral property. My grandfather had 6 acre of farm land out of which 3 acre land was ancestoral and 3 acre land he had earned in his lifetime. Now after his death in 2003, My one cusion has done mutation of whlole land on his name. he claimed that my grand father had made a will and donated all his land to his name. he had already prob...

Threat to mine father to vacate house from his elder brothers

Mine Taujis who are US Citizens after staying and working in USA for almost 40 years are forcing mine father to sell the ancestor house, they are still residing in US and visit India sometimes in a year. Mine father stayed in this ancestor house along with mine grandparents to take care of them and staying here since 40 years. This house was constructed by mine father while mine Taujis were in ...

Determining the status of Z in such property

A, B, C made a Registered Deed of Endowment relating to their joint properties at village in favour of their family Deity and thus divested their ownership in favour of the Deity and made another registered Deed appointed thereby E, F, G, H, & I as the Shebaits for their generations together with the obligations to offer daily prayer and pujas and celebrations of the bi-annual festivals of the ...

Mutuation via Agreement Sale & Name Mismatch

Hi, In 1984, a property was bought in Delhi, by 'unregistered but notarized', "Power of Attorney" & "Agreement to Sale" along with a registered "WILL".  This was the standard procedure of buying property then, especially for not so educated / informed people. In 2002 Municipal Corporation made an assessment for the property tax and mutuation was done on the basis of the "agreement to sale"....

Parking allotment in old chs in mumbai

Our CHS is in Mahim, constructed in 1970's. It's a four storey standalone building with 14 apartments, two closed garages and 4 covered stilt parking slots. In addition, three 2 wheelers can be accommodated in the stilt area. In addition there are 3 parking spots that can hold cars and 5-6 spots that can hold two wheelers without hindering with the garage access. There are 4 smaller apartmen...

Tanent not vacating my house

My father had rented my house which is located in Mettupalayam, Coimbatore dist Tamilnadu to a person for the past 7 years who looked to be decent and genuine. I am working abroad and my old age parents were taking care of my property. Last year in the month of Jan 2020, when I had returned back from foreign due to corona pendamic I had asked him to vacate my house. A. He requested to extend ...

Complaint against neighbour

I have a lady in my neighborhood. Actually she is wife of my Cousin. It seems she had some genetically inherited psychological problem since childhood as per some sources. She lacks common sense but have high manipulating power of words. she is exaggerating small issue. Almost every day she has altercation with her husband at every minor issue. This had very bad impact on the mental health of t...

Tenant is threatening to file a case for deductions from security deposit

I have a registered agreement with my tenant which clearly mentions that tenant should pay for painting and cleaning charges, any damage done to furniture and sanity fitting while vacating. During vacating I had got quote from a reputed firm for painting and cleaning. Plus there are some damages done for which I deducted a nominal amount based on approximate cost of those repair. He had verb...

Wife's share in the property, earned by her husband

A husband purchased some immovable properties( shop, house etc.) .For this 80% finance was arranged by selling of wife's ornaments , which were given to her by her parents, relatives etc. at the time of her marriage and some was given by her in laws and husband, at the time of marriage in traditional rituals MUH DIKHAI etc. Though the property was purchased in the name of husband, but 80% fund...

Apartment Association maintenance issue

My top floor apartment has multiple construction defects though it's high end flat, purchased at premium rate from reputed builder. 1. Within 3 months of my move in, the roof cracked and only after putting it to the social media, builder repaired it 2. A water pump installed right above my master bedroom which creates extreme noise and vibration, giving me sleepless nights for 6 years. Despit...