Property Cases

Builder has transferred his interest to another builder after selling of flats

We have 500 families staying in society. 300 families got possession in the month of April 2019. After three months later our builder did a lease agreement with another builder to use our society road. Even other third party builder has road of 9 meter. To increase the floor size of the third party builder he showed our society’s road of 15 meter. The road is passing through our already constructed gate. It looks like changing the plan even though our builder did not take any consent from the allottee and he gave permission to them by saying the power of attorney he has. Also after that even he did not mention it in our agreement, not in the plan which was disclosed to us while buying.

Can a builder give permission to use our own society road to a third party due to his power of attorney, even if they have a road for their society to just increase the floor of the third party? What case can we file against our builder?

Our security of society is getting breached even with privacy and now the third party builder is sailing his top floor showing our own society road even though they are cheating their buyers. We are all the 500 plus family cheated by the builder when we bought the house. There was no plan to provide our own road to a third party by demolishing our own compound wall. Now he is saying I can do anything because he has rights.

Liquidator appointed by High Court in Shubhkamna Epic Apartment

Approx 150 or more buyers have applied for flats in 2013 -14 in Shubhkamna epic, sector 12, Greater Noida. Builder just erected initial base of project and absconded. We approached NCDRC. The Consumer court ordered refund of amount with interest in 2018. Amt not refunded. So Execution petition filed in 2019. Since then NCDRC postpones hearings due to Corona pandemic. In the meantime, Jafna another company to whom Subhkamna builder owes 11 crore, filed case in HC, Delhi. HC appointed liquidator. Liquidator advertised in newspaper. We are sending form 66 to liquidator. Now what should I do? Is it Beneficial of approach NCLT? Is it beneficial to approach the Supreme court? What will be the fate/ future of the NCDRC Order? Shall we put up form 66 to liquidator for extension i f date 7.5.2021?

Katha and building plan approval from municipal corporation

I want to know whether I need plan approval from the municipal corporation. In May 2020 I purchased one property in Adarsh Nagar Arishinakunte Nelamangala. Municipal corporation took over from grama panchayath this year.

We purchased an under construction house, plan approval was in the name of the seller, at that time the seller advised us to register only the site and later when you get e khata and you will take approval on your name itself.

Sarpanch has blocked the road without any survey and legal notice

Our farm land (1.35 acre) is second bit to the road and 1st bit is government land (13 guntas). We have been passing through government land for past 3 years and the earlier farmer who sold land to us had been passing through that land more than 10 years. Now the village Sarpanch has blocked the road without any survey and legal notice.

Government wants to take my land

The Bihar government wants to take my land by saying that it is a government property. However, my great grandfather had purchased this land and it has been devolved upon my father. This land is agricultural land and currently we have possession thereon. The Tehsildar sent a notice that the aforesaid land is not surveyed. I have a copy of sale deed of that property. However, the sale deed clearly states that my great grandfather has purchased this land in 356 rupees and 80 paisa.   

Someone threatens to demolish our property

Someone threatens to demolish our property which is in possession for 50 years. There was a plot of 22 decimal, in which my father got ownership of 20 decimal. 2 decimals. plot couldn’t be written to anyone (might by mistake). But still in our possession since then.

In land survey of Bihar, (approximately in 1973), a separate plot of 18 decimal carved out from 20 decimal exhibited plot -A (our possession)). Remaining 2 decimal (out of 20) and other 2 decimal (that couldn’t be written) got merged to a different plot (say it plot B). Plot B doesn’t even belong to any of my ancestor even. It belongs to a person of different caste. Plot B is of 10 decimals. Four decimals in our possession and 6 decimals in owner of B possession.

Since death of my father in 2010, he started claiming this four decimals land, and now in 2021 he wants to demolish structures in it.

Question:

Is it possible to recover all 4 decimal that has been merged to plot B.

Can he demolish it legally?  What action should I take on owner of land B, if he demolishes my structures in 4 decimals that is in our possession since 50 yrs.

Right of daughter in coparcenary property

I want to know about the right of daughter in the father’s property. Respected Sir, I need your valuable suggestions towards property rights of my mother and her sister. Their grandfather had few agriculture land and home property. He had settled those property among his four sons equally using a “kurra cettu” – local agreement during 1966. One of the sons is my maternal grand father. He had 3 sons and 2 daughters (including my mother). Recently came to know that he has executed a family settlement deed to the sons equally. My mother and her sister did not aware of it and they had registered the property in the registrar office in 2013.

Do we (my mother and my mother sister) have any rights to fight as the property came from  the grandfather considering as ancestor property?

No share certificate to the illegal flat owner

There is some illegal flat owner who is demanding to issue a share certificate. They have no valid sale deed and no permission from the Brihanmumbai Municipal Corporation. Our housing society formed in the year 2004 with non-co-operation of the developer. Sir in our society three numbers of illegal flats built by a builder. Which we came to know in the year 2015.  Before it (in 2005) the society has already issued a share certificate to two illegal flats.

The society does not know the real fact. Furthermore, the developer did not hand over single documents to society. Our society didn’t issue a share certificate to one illegal flat owner because his flat was unregistered. The flat owner just paid stamp duty in the Amnesty Scheme a few years back. During such a long period, he did not ask about share certificate.

Now someone unknown person has made a complaint against illegal flats in our society building. The BMC thereafter has issued a notice under sec 488 for the survey of the site. After the site inspection, the BMC has confirmed that the builder has constructed three flats illegally. advised the three flat owners to get legalises from BMC. Further BMC issued notice to the society to produce the BMC approved plans & other documents about explaining that who illegal flats have built?

The third one illegal flat owner whose document is unregistered just paid stamp duty in Amnesty scheme asking to issue share certificate after BMC issued the notice & confirmed the illegal flats built and exits. Further, this third one flat owner regularly pays maintenance and the social issues bill and receipt in his name. Sir so we would like to know can issue the share certificate to him. Please help me.

Now illegal flats have been declared then can we issue share certificate to the unregistered illegal flat owner after Brihanmumbai Mahanagar Palika notice under section 488 and it is confirmed. The society wants to co-operate both of us our member and BMC.

Recovery of my security deposit from the landlord

Kindly Help Us Out. First, our owner made us shift house during this tough time and when we found the new home with and labour to shift with difficulties then she is denying to return our security amount fully [12,000 (security amount)- 570 (Electricity Bill) = 11,430/- final amount] and unnecessarily deducting 15 days rent and some other maintenance charges which are not part of the agreement even.

We tried to communicate with her but she is not cooperating. After that, I and my wife went to the Dwarka Sector-23 police station but they also even after the constable tried explaining her over the phone but she was not cooperating. We are already on salary cut, so please help us to get back our hard-earned money. Recovery of my security deposit from the landlord.