Property Cases

Limitation period for cancellation of probate

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I want to file a case for the cancellation of probate. The district court has granted the letter of administration in the course of probate proceedings. The executor of the will did not make me a party in the probate proceeding. Therefore, I could not have had information about the filing of such a proceeding in the district court. 

When a person files a civil suit for the permanent injunction thereupon, I get information about the probate. The aforesaid probate is false and frivolous. It has been taken by playing fraud on the part of the executor. Therefore, the judgement of granting the letter of administration is invalid. We are the owners of this property because our deceased uncle had granted us permission to make a residential flat on his property. The value of this property is very high because it is situated near the main city.

Therefore some builders and brokers are keeping their eye on this property. They have connived and made a clandestine deal with the executor in order to grab this valuable property. Can I file any civil suit for the cancellation of the probate?

Does the son of a deceased sister have any right in ancestral property?

I have done an agreement for agricultural land 2 months ago and paid 20 lacs. That is ancestral property and the owner is 62 years old, now he has 3 sisters of which 2 are dead. Does the son of a deceased sister have any right in ancestral property? So now do we need the signature of the dead sisters’ children will they have any rights? 

The owner of land is ready to sell and there is no dispute towards the possession. Furthermore, the sons of the deceased sister are not living with the owner and they have never claimed any rights in the property. The owner’s age is 62 but he is a sound mind. He wants some money to meet his medical expenses therefore he has decided to sell his land. The owner has no child and is currently living with his elder brother. 

Can I purchase this land without the signature of deceased sister’s son? This is an ancestral property and the owner is farming on this land without any dispute. villagers are saying that the owner has peaceful possession of the property and her sisters have never claimed any rights in the property.

Can builders charge interest on default of payment when there is no agreement to sell?

I have paid 10% of the basic amount to the builder for the under construction property which comes under Rera. The builder has issued me the allotment letter and receipts of 10% paid amount. Also we have submitted the signed BBA from our side to the builder but the builder is not able to register the same due to hold in registration by nagar nigam authorities. Can builders charge interest on default of payment when there is no agreement to sell? The developer has already issued the demand letter and expiry date to pay the rest of 40% payment. Also I have received the bank approval on the loan which i have submitted to the builder in advance. Question Kindly let us know whether a builder is eligible to charge interest or cancellation without registering the builder buyer agreement.

Whether one co-owner can sell a land without actual division

I want to know whether one co-owner can sell a land without actual division when there are five co-owners. A registered Will contains names of only five brothers. This property has divided equally in all 5 brothers. Grandfather & grandmother both are no more. My grandfather owned one big piece of land on the highway (purchased by himself). He had 5 sons & one daughter. Before his demise, in 1994, he had registered his Will. In the registered will he has divided this property between his 5 sons only. 

Sons & daughters Name are :- A (Son) B (Son) C  (Daughter) D (Son) E (Son) F (Son). In this sequence, B (Son) has done two marriages. Son B, has 1 daughter from first marriage. & two sons from second marriage. Son B has registered one case for division of this land and along with that his daughter has raised the case for share in this land from his division. 

In the records of rights (jamabandi) for land, the names are specified of only 5 sons of my Grandfather (A,B,D,E & F). Can son A sell his part of land before the division of land ? Whether any chance that Daughter can claim a share in this land? Is there  any chance of  issues raised by other parties in selling part of land by Son A. Is there any chance of cancellation of sales deed and registry when son A wants to sell his land.

Can the builder execute a conveyance deed after a long time?

Can the builder execute a conveyance deed after a long time? My grandfather bought a property in 1986 in Mumbai with a total of six flats. Developers own 3 flats and 3 flats he sold to different individuals. The agreement is not registered and stamp duty is not paid because we don’t have enough members to form a society. Is the conveyance deed possible without builders’ help?

Civil court has passed stay order on my land: How I vacate?

The civil court has erroneously passed a stay order on my land. I have purchased a 210 sq mtr plot from a 568 sq mtr land owned by Mr. X in Nov 2020. there was no legal issue on land at the time of registration. Thereafter, Mr X is having a dispute with Mr Y over a path of 15 sq yd at the end of the property from which we bought a piece of land. Please remember this disputed path is on the other side of the remaining land of our land owner.

This disputed path has nothing to do with our land, it’s at the opposite side and in between Mr X remaining land and Mr Y showroom. Now Mr Y has filed a legal case in civil court by also making us a party in that case. We were doing construction when Mr Y took a stay order. They claimed in the case that Mr X is trying to take this path forcefully. 

However the dispute is totally on the path but still we are dragged in this case and our construction is being stopped. Next hearing in Meerut civil court is on 11th Feb 2021. We have appointed a local lawyer to overcome this stay order but till now he is not able to do so. 

We want to know our available legal options to get out of this nonsense as we have nothing to do in it. Kindly suggest if we can directly go to high court to cancel this stay order specially on our part of Land. Mr X and Mr Y can continue to fight over the pathway between their property . Please suggest.

Builder wants possession of flat for redevelopment without executing sale deed

My father purchased a flat on the basis of agreement of sale. That agreement is not registered and stamp duty is not paid. We don’t have a society, only we have the possession of a flat. Now the owner plans to go under redevelopment. Do you think we should get equal rights in the property as the owner of the building? Total 6 flats of which 3 have possession of agreement of sale and 3 are under the ownership of builder. What’s the best case scenario for me.

Illegitimate son claim share in ancestral property

Can an illegitimate son claim his share in his father’s ancestral property? My father has solemnised second marriage in hush-hush. We came to know about his illegal marriage after sixteen years. Then my mother left our home and started living in her parents’ home. We are three siblings and all are living with our grandfather. My father died in 2018 and my grandfather died in 2020. Soon after the death of my grandfather, the illegitimate son of my father has filed a civil suit for partition of ancestral property. The court has accepted that suit. What remedy do we have to protect our property?

Can I gift self purchase property to only one son

My name is XXX from Bangalore. I have six sons and four daughters. All are married and settled in different parts of India. My youngest son takes care of us and he is very nice among all of them. Can I gift self purchase property to only one son by excluding others. Whether all remaining children’s signatures are required for a gift deed? 

Builder cheated by making false promise: Can I claim refund?

Builder cheated by making a false promise of giving possession in November 2022. However, possession is expected in 2025. I have booked an apartment in Chennai. During my site visit, I was welcomed by a salesperson who explained to me details about the project and showed me a timeline saying that the property will be handed over to me at 2022 November. I also have an email from the same timeline. Hence i paid the advance amount of 1 lakh and later paid a booking charge of 6.25l.

Now, as per their payment pattern, they want me to pay 50 percent of the flat rate for the agreement stage. And they were stressing me to pay out the 50 percent which is 37 lakhs within a month of my booking or else i will have to pay a penalty. As i have planned to buy this house on a home loan and due to the current pandemic situation, it’s taking time.

They were not willing to give me time and asked to pay my part of the amount which is rs. 13 lakh in a week. I even paid 3 lakhs. As i got stressed out, i started exploring the project details in rera where i found that the given time for completion of the project is 2025 august which is 3 years from the planned timeline which they have provided to me.

When I asked about the same, the answer was, it’s like that in RERA but we will complete it by 2020 November. Now, they have drafted an agreement and as my loan is about to be sanctioned. I thought of signing the agreement and when i checked the same, even in the agreement the time mentioned is august 2025.

Now I don’t want to get into this project anymore. I have not signed the agreement yet.  I just want to know whether i would get my refund of the amount (10.25L) that i have paid if i back out now because of their false promise.