Property Cases

Transferred all property by concealing the Will

The daughter in law of the nephew has transferred all property by concealing the will. Can I challenge that transfer and claim over the property? There are 2 brothers, out of which the 1st brother has 2 sons and the 2nd brother does not have any childrens.  1st Brother is dead and has no property. the 2nd brother has property and belongs to him post his wife’s expiration. Suddenly out of 2 legal heirs (Sons) of 1st brother, all property has been transferred to the daughter in law of 2nd Nephew and daughter in law of 1st nephew who was head in the family post her husband’s death on seniority and as per Ration card. There was a will made by the 2nd brother (Head owner of property) which was handed over to the 1st daughter in law however it was stolen later on without the knowledge of 1st DOL on the last breath of Property owner. 

Now the 2nd daughter in law has transferred all property in her name, and the 1st daughter in law does not have any survival except the only married daughter. Half of the property was made by Head of the family and other half was made by the 1st Nephew who has all details but personal diary of all transactions (No registry/Will paper) Can 1st daughter in law claim for the ownership rights as 2nd daughter in law is threatening to throw them all without any compensation or home.

Real estate agent made false promise: How to take legal action?

A real estate agent has made false promise about the covered car parking. While purchasing a flat, the sales team committed to giving covered car parking. Now they are asking for additional costs for covering that parking. I have a meeting recording in which a sales person clearly says they will provide covered parking. CRM team not supporting. We showed the CRM team audio recording still not taking our side. How can we complain about this ? How can social media help in this ? 3) How can real estate companies bring reality to social media?

Violation of agreement to sell : owner is selling land to another person

The owner is selling his land in violation of agreement to sell. How can I stop this and protect the property? I have paid three lakh rupees as the earnest money for purchase of the said land. The owner has executed an agreement to sell. As per the agreement I have to pay the remaining price in two years. I am ready to pay the dues instantly but the owner is refusing. Now I came to know that he is selling his land. Only six months have gone to the execution of an agreement to sell. 

I have eighteen months to obey the agreement and pay the consideration of this land. The act and conduct of the owner is against the terms of agreement. I have told him to give me two days to buy this land but he has refused. He is eager to sell the land because he is getting a better price than me. Please suggest whether I have any remedy? Can I stop him from selling this land?

Partition of property and evict the tenant simultaneously

Is it possible to partition the property and evict the tenant simultaneously? If not then how to evict the tenant? My late father died without a will regarding his properties, we are 5 legal heirs, I am the eldest son and want to sell my share of property but my younger brother who is living with his family and my mother doesn’t allow me to sell my share of property. Hence I want to file a partition suit by metes and bounds with separate possession but I have some doubts pls clarify the following points in detail. 

Some portions of property are occupied by tenants, those are from my late father’s time. Can I file suit without evicting them as other legal heirs don’t want to evict them as they even don’t want partition of property and saying that without evicting them I can not ask for partition, is it so? 

Anyhow they want to involve them so that a third party can be involved and things becomes complicated and cumbersome, I am in job living in other city and want to sell my share of property, I asked other legal heirs to take my share and give equivalent amount of market price even giving them discount but not ready. They are saying that I can not sell property, only can use property for myself. How is this being a legal heir? I have an equal share in the property and I need money for the purchase of a house for my son, who is living in a rented house in pune. 

Can I file suit for partition of property by metes and bounds making all legal heirs party without involving tenants in any way? will it not be disqualified on the grounds of bad suit? Any time limitations for filing a partition suit can be filed even after 12 yrs. My mother is a senior citizen 70 yrs old and has a share in the property being legal heir and not in favour of partition of property, will this cause in any way disqualification of suit. 

Property in Uttar Pradesh, what is the court fee for partition suite, whether it will be deposited in advance while filing suite or after preliminary decree or admissibility of suite before sending summons to defendants, if during proceedings if opposite party bring out some fraud will Or document what will happen to partition suite will it be converted into testamentary suite, then what about court fee which were deposited for partition suite, will it be refunded? 

Can my mother and sister surrender their undivided share in favour of sons and brothers for this it is sufficient to present an affidavit by their advocates during the proceedings of partition suite so that all three brothers claim for theirs 1/3 shares . Is it ok or any other formality or procedure is required. What will be  the court fee for partition suite in uttar Pradesh for the property of market value of rs- 1Cr. How much time it takes for the court to finally order the partition suit.

Legal action against housing society for false billing

Can I take legal action against the housing society for false billing? Housing society issues wrong charges on bills. Non cooperation from MC. Dear sir, my society MC had mentioned wrong charges under property tax in the bill January 2020 and prior all bills with wrong charges under property tax. I asked them to rectify the mistake they have made in the bill, and also generate a new bill for Jan 2020 with the correct amount. 

Refund the extra amount they have collected which is around 40k so that I will clear my further dues. But since jan 2020 they just ignore to rectify their mistake. They keep adding interest on all bills after jan 2020. Done compliments to registrar also with various other issues for non cooperation and mismanagement by MC. Now my pending dues reached to amount around 2 lacs including interest. Sir please advise what shall I do to solve this issue immediately?

Limitation period for letter of administration Indian Succession Act

I want to know what is the limitation period for filing a letter of administration in the Indian Succession Act? My father died in 2013. He had made a Will which was unknown to us. Recently his friend has informed us about Will and has advised to file a letter of administration. When we filed the case for administration of the estate, the court fixed a date for the hearing limitation matter. The court has said that our application is time barred hence, it will foremost decide the matter of limitation. Sir please suggest how we can protect our case which is time barred?

Tribal can regain his land from the non-tribal person

I want to know that a tribal can regain his land from the non-tribal person who is not doing anything on my land? My grandfather had sold land to a non-tribal person in 1969. That non-tribal person has not been using the land since 1969. We did not know about the sale of the land because that said land has been left barren. When I started fencing off that land for installing a small project then the non-tribal person came and opposed it. Then we came to know that my grandfather had sold this land to him. After the quarrel they filed a criminal case against us and the police officer warned us to not go on that land. We moved a petition in the High Court and got an arrest stay. My grandfather never disclosed that fact to us that he had sold the land. The non-tribal person and my grandfather were good friends. I think that he had mistakenly or deceitfully transferred this land from my grandfather. We are helpless, please guide us.

Can mother execute a registered will

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Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1 sister. My brothers are not taking care of my mother. 

My mother wants to give me a major portion (75%) of the property and a small portion (25%) to my sister. And my mother wants to register in a will. My father’s property is a self acquired one. He was working in SBI and built the house. Question is, will she have rights to share the property only with 2 of her children. Can the registered will (written by mother) be challenged by my 4 elder brothers. If so what precautionary measure we need to take so that my brothers can’t challenge the will.

Builder not obeying buy back clause of sale agreement

I have purchased property with Maangalya Builder from Bangalore in September 2018 with Buy back agreement stating 100% ROI in the period of 18 months under subvention scheme. After payment of almost 90% cost the builder not obeying buy back clause of sale agreement. The property cost was 6188520 without registration. And I paid 10% which is 618852. And financed about 54 lakhs of loan via HDFC out of which 51 lakhs have been disbursed based on demand letter. As it was subvention scheme, I was not expected to pay PEMI. Following documents i have received from Builder in above regards:- 1. Receipt of Booking amount. 2. Allotment letter of unit. 3. Sale agreement 4. Supplementary Agreement which contains buyback date and return. 5. Tri Party agreement between Builder buyer and Bank.

The tenure got over in March 2020, but till date (March 2022) Builder has not executed the buyback agreement and not refunded any amount. Moreover I was forced to pay PEMI from September 2020 till date to keep my credit rating not getting impacted. I have done several follow ups with the builder for buy back and the return of the amount + agreed committed profit + PEMI paid by me till date, but there is no response from the builder. 

Please let me know my options, if consumer court + RERA could be an option, if I proceed legally. I am looking for the following:- 1. Stopping PEMI without affecting my credit rating. 2. Return of Original Booking amount 618852 3. 100% committed profit of 618852 4. PEMI return which is approximately around 600000 4. Loan closure 5. Penalty compensation from Builder for not honouring the agreement for 2 years already.