Property Cases

Is it mandatory to have a will probated for a Christian in Mumbai? What is the procedure to get probate a Will for the Christian? Are Christians in Mumbai exempt from Probate? How best can a 36 year old be executed without any dispute in the family ? There are 4 legal heirs to the property

Government has acquired my land but has not been paying compensation for six years. The government acquired my land in 2011 but did not pay compensation to the owner of the land. My father was the landowner but now he is dead. So I think about regaining my land from the government. How can I get my land which has been acquired but compensation is pending?

My father is not alive. He had some agricultural lands. He was writing a vasiyat but the vasiyat is not registered due to lack of knowledge. My brother has transferred all agricultural lands in his name. I want to challenge that transfer but I have only unregistered Will. Can I claim a share in my father’s property on the basis of unregistered Will?

Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet. 

Although I have been paying every 1-2 months a lump sum amount. The entire payment was supposed to be cleared by March 21, while till March 21, I paid only 30-40% amount and the rest I have cleared in instalments and cleared the total amount by March 22 (1 Year gap). 

I got NOC on 31st March 22.  Though I got NOC from the Builder side, I had been reporting my grievances of interest charges on the above-said items for the last 3-4 months through Mails. Also as per the Income-tax clause, on more than 50 Lacs payment, TDS (1% of total amount) to be deducted by the payer and to be paid to the IT, 

But every time the Builder sent me notices and asked me to pay the money as per their demand which I obliged and then in the end, I saw that the entire money has been paid to the builder without deducting TDS (1% of total amount). 

Now I am reporting my grievances to the builder to refund the interest amount which he took from me on the TDS amount (1% TDS of the total amount) which was supposed to be deducted by me, which I didn’t do, I kept doing payment as per Builder demand letter and notices. And the builder charged interest on this 1% TDS (of total amount) amount too, which was supposed to be interest-free. 

Now Builder is not listening. Please guide and advise me, whether my concern is genuine and as per Law and whether I can proceed ahead with the RERA complaint filing and Consumer court complaint filing against Builder.

My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother’s sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my sister and all such things recorded in the court”. But my brother also stated that he does not have any money to pay for me since he does not have any income and as such, he requested the court to attach his properties but at present in none of the properties he is in possession including house or in agricultural land. 

My brother properties consists of ancestors properties of his share received through registered partition from my father and also one of the property which he received from his wife family through “pavati khata” but not changed into his name through any of the recognized mode of transfer like partition deed or sale deed or gift deed. However, the two sons comes to know that his father has given such above statement in the court to attach properties of their family and as such, they filed partition suit against their father with wrongful allegations (my elder brother) and included all the properties of their family in which we were in process to get attachment from the court to recover our money. 

The main reason behind filing a partition suit by my brother and two sons is to create trouble and delay our money recovery case and not to give money for me. Now our case is in execution stage to arrest my brother for recovery of money but since he is my own elder brother I do not want him to send for jail but I am struck with recovery process of our money even though he is ready to give money but his two sons are not allowing for the same through filing unwanted partition suit. 

Even though the partition suit is pending for partition among my brother’s family, can I attach any one of the property of agricultural land of my brother which he received through partition deed from my father for our money recovery case. 2.    Whether such property attachment can be restricted by those two sons of my brother by producing their suit for partition in our court of law in an execution case by claiming that it’s an ancestor’s property and should not be attached till disposal of the partition suit. 3.    Or else can we directly get a sale deed/lease agreement for the consideration amount of our case from my brother through court itself with the permission of the court after following due process of law. 4.    Please suggest what is the best way to recover our money or get any worth of the property from my brother for my due amount?

Buyer has illegally encroached on my grandfather’s property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather’s property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather sold about 7 acres and the rest of the agricultural land was illegally occupied and registered. I went to the person who occupied the land to ask for the rest of the land. Then he started threatening me and my family. 

Later I approached the police and they told me to solve this issue in the court. Secondly, my grandfather sold the 7 acres of property without telling the kids (who were majors at the time of registration. Can I file a partition suit? Any answers will be helpful and thanks in advance.

Father’s second wife is cheating my father and extorting money from him. My mother died in 2020 then my father solemnised a second marriage in 2021. Whether my father can transfer all properties to his second wife? That land is very dominating behaviour and entirely taken my father in her control. 

Now my father is going to register all properties in her name. She has been receiving pension and is the owner of a huge bungalow in posh area of New Delhi. Her previous husband was a government doctor and she was working in his clinic as a maid. 

Gradually she established sexual relationship with that doctor and finally compelled him to marry. Then she established sexual relationship with the son of that doctor (husband). That son was minor at that time. When this matter was disclosed then the doctor had divorce and given to her a huge amount at the time of divorce. 

He also transferred to her a bungalow situated in the posh area of New Delhi. After the divorce she married to an IPS officer and after his death she is receiving his pension. Now she is married to my father. My father is holding a higher post in the Indian Revenue Service. 

Recently they have gone on a holiday trip to the USA. i am not living with my father after his second marriage. I want to know whether my father can transfer all properties to his second wife.