Legal questions on Property Law

Non formation of Association of residents in a gated community and charging of arbitrary maintenance by the developer

Ours is a gated community of around 1,000 plots in Bangalore under the name of Canterbury Castle. Most of the plots are vacant and many of them are owned by the developer. Developer is neither forming the residents association nor he is giving any accounts of the amounts spent by him on maintenance despite lapse of more than 15 years.. He has arbitrarily increased the rates of maintenance and...

Delay in physical possession due to stay order by High Court

Sir, i had purchase one residential property through bank auction on 23.08.2023 and full payment made on 04.09.2023. Sale certificate issued by authorized officer on 05.09.2023. Borrower file case on 11.08.2023 against bank auction and stay was granted on 11.09.2023. Stay order is as under: [deleted] "Learned counsel for the respondents seeks time for filing counter-affidavit, post this matt...

Harrased my parents without letting me know

My parents took out our agricultural land for sale and the people who were supposed to buy the property had already paid 7.5 lacs rupees to my father which is half the amount of the property and it was promised that the rest of the money will be given after the complete settlement, but due to some crime was committed long back on the land it was under some criminal case and we were not able tra...

LOA - Letter of admistration

Hi, My Mom passed away in 2019 (5 years back) and my father recently passed away 1 month back. My parents have 2 immovable properties (flats) and both are in the name of my father now and they were originally allotted to my MOM directly from MHADA Mumbai. Papa has left back a will which states House A to be given to younger brother and house B to be given to Elder brother. We don't know if its ...

Daughters right over HUF property which was already partitioned before 2005

I'm about to purchase a part of HUF property. This said property was purchased in 1978, but the karta died without making a will. (Please note that the karta had 9 children, 5 sons and 4 daughters) The property was then partitioned equally by his wife, only among her 5 sons in 2001, and the said partition deed was registered.( BUT No share was given to daughters and even their consent was no...

Full amount paid but flat cancelled

Hi Team I am writing to seek your legal advice and assistance regarding a distressing situation I am facing with Gaurson Builders. Below, I have outlined the key details of my case: Purchase and Payment Details: I booked the flat on 2012 and paid all the amount in time to till 2017.The flat I booked was on the 19th floor. I paid the full amount for the flat by taking a loan. Cancellat...

Pagdi system tenancy agreement Builder claims as landlord

I bought a shop in 2005 on tenancy basis from trustess of the public trust, in mumbai all the documentation, it was showing that shop is located on CTS no 1234 and we have a very basic tenancy agreement which was registered at registration office. After 18 years a builder came in the neighbouring structure which have cts no 5678. He raised a claim that my shop is also on cts number 5678 and no...

Status Quo over the Property

I have purchased an old property built on load bearing of which the slabs and walls of the structure were comman with that of my neighbor as previously, the structure was same and late on it was subdivided. I have my seperate PR card. I intended to demolish my part of the building, but my neighbor objected against this. They filed a suit under Section 38 to obtain an injunction against us. Para...

Builder demanding payment which is not as per line of Contract

Hello All I have bought a flat in a under construction project with a payment plan that to pay 15% on booking, 25 K each month till project completion ( June 2025) and 3 lakh every 6 months and rest amount on the day of the possession which is projected as last payment in June 2025. The project is in stages and seems the buiilder is completing this section earlier than expected and demanding...

How to check whether my neighbour is legal owner of my neighbour flat ?

Hi Guruji's, I am currently facing problem with my pent house flat person who is not giving maintenance of 1000 per month since 2 years. On recent meeting held between owners, 2 were supporting him saying that he will not pay maintenance as he will look after appartment when ever needed. Where those 2 people are dominating persons in appartment and all others were dummy or neutral in any meet...

Can xerox copy of mutual agreement be permission in court?

My grandfather and his brother had land side by side. The land closer to road is with his brother, and land farther from road assigned to my grandfather. My grandfather has a mutual agreement on the land that connects the main road and interior land such that land will be a common way/passage to house built in interior land, in 1980s. We have xerox copy with signatures of grandfather and his ...

Can Builder has right to restrict performing Flat interials electrical works through my own channels

I am from Hyderabad. Recently, I purchased a 3 BHK flat in a gated community. The flat has been registered in my name. As part of the interior work, we have begun installing a false ceiling in my flat, and I have engaged a known contractor for the POP work and the necessary electrical wiring for the POP, as well as for a few additional electrical points required for my interiors. However, my...

Exchange and transfer of land

My case is some complicated so explaining with example. A person P was owner of property no 60 and 10. He sold half of the part to person M from property no. 10. After few years when person P died, the half of the remaining property no 10 and full part of property 60 transfer to his two son A and S. A and S exchanged their property no 60 with their father’s sold property to M under registered e...

Can someone break lock of my house. Is it authorised or illegal?

We live in joint family (our family, uncle's family & one more unmarried uncle) and earlier used to live in kaccha house which Grandfather made in West Bengal. My father and his brother then build pakka house together by keeping the kaccha house beside. As due to my father job relocation we need to relocate different state. So we were given one room from that pakka house out of 4 rooms. But l...

Property transfer after death

Hi, My mother expired in 2016.She has one plot of land in patancheru Telangana.The market value is 50L.There is no will so as per Hindu succession act the property will get equally shared by me i.e son and father. I stay in Mumbai so I have few questions. 1.What happens if I don't change my mother's name on plot of land indefinitely i.e  continue to keep it like that ..is there any per...

Advice on legal formalities in executing a deed of declaration

My wife along with her six cousin brothers and sisters owning an undivided joint property where her portion of share was 1/6th of the undivided property . The property was developed jointly under a 50-50 ratio JV and the developer allotted the share through letter of possession to the respective co- sharers . Till that time the partition deed was not done among the co- owners and my wife wanted...

Shop no is different i Sale deed and Deed of declaration

1) My Father was tenant in Old Building in PUNE holding one shop . When the Building was Repaired He Bought the shop From the Building Owner, In the sale Deed The shop was mentioned as-- Tentative Shop No. 1 (one). But in the same sale Deed's Schedule it is mentioned as Shop No. 1 & so in the Index 2 of Sale Deed it Is Mentioned as Shop. no 1. SO IN SHEDULL & INDEX 2 OF SALE DEED THE SHOP IS ME...

Addressing Board Misconduct and Transparency Issues

The management board of our apartment complex is unregistered, and members are selected rather than elected due to insufficient nominations. After the pandemic lockdown, a new board was formed through this selection process. Initially fair, their approach soon became dictatorial. They ignored member opinions and urgent issues, making decisions unilaterally. Most owners were indifferent, but I c...

Shoe rack outside my flat

I have seen similar complaints about SHOE RACK being objected to be placed in corridor outside the wall near the door of a resident's flat. Also i have duly noted the advice given by the legal counsel here. So, my question to the respected legal counsel (basis the answers provided in earlier questions) 1. I am a new buyer of a flat- At the time of purchase : a) NO SUCH RULE was told to me ...

Challenging Unjust Board Practices: My Struggle for Fair Representation in Our Housing Society

I have been living in an apartment complex in Kolkata for the past 13 years. The complex comprises four buildings with a total of 91 flats. My wife and I are co-owners of the apartment we reside in. Unfortunately, the society's management board is still not registered. Currently, board members are selected through a selection process as there are not enough nominations to conduct an election. ...