Property Cases

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.

Can wife claim husband’s paternal property

My husband is a qualified doctor but he has not been practicing for seven years. I have two sons and one daughter. When my husband does not take care of us, can I claim my husband’s paternal property? My husband does not own any immovable property. He is a jobless person. My father-in-law is a class one officer and he has a huge property. My husband is the only son so he will get all self acquired and ancestral property after the death of my father in law. 

How the daughters get share in the ancestral property after the amendment act 2005

How the daughters get a share in the ancestral property? I am 34 years married daughter, live in Delhi. My ancestral property situates in UP Bagpat. We are 4 brothers & sister and my brother has died in a road accident, now we are three sisters only. As per the govt of India regulations the ancestral property should be divided between us equally. I would like to take my part as well. Please suggest. What is the process for this and how can I claim for this? Need to advise how to take my share from the ancestral property as a daughter.

Stepmother took possession over the entire property

My father has solemnised second marriage after my mother’s death. Stepmother took possession over the entire property. I am the only son. After my father’s death, the stepmother is getting family pension but threatening to file case for maintenance. Actually she wants to evict me from the property. She is also keeping the rents of commercial shops. I want to know whether my stepmother have right in my father property?

Period of limitation in cancellation of the sale deed

I want to know the limitation period in cancellation of the sale deed. My uncle has sold my land when I was a minor. He played fraud and dishonestly shown me major in the sale deed. In February 2020 this fact revealed and I came to know that my uncle has sold my land to his daughter. He made a forged sign of mine in the sale deed. I have certified copy of that sale deed. What should I do sir?