Property Cases

Builder causing a delay in giving possession

I booked a 1 BHK property in Navi Mumbai Taloja in 2013, all formalities were completed and I paid 20% and EMI started from May 2013. Now the builder causing a delay in giving flat. However, we haven’t received the possession and the construction work went on hold in 2015, post which the builder is not responding and multiple people have filed a complaint – Enkay Gardens Taloja, Panvel.

I am paying EMI endlessly and there is no returns and progress, I want to withdraw and claim a penalty for delay and interest on the paid amount till date.

Bank has sold land of scheduled caste without the permission of collector

The bank has sold the agricultural land of scheduled caste without earlier written permission of the collector. The official permission of the collector is required for the selling of land belongs to scheduled caste.

I belong to the scheduled caste, and the bank sold my land in public auction to a person other than scheduled caste. I secured a loan from the bank by mortgaging my agriculture land. However, I regularly paid the instalments but due to some financial crisis, it has been unpaid.

The bank released a notice for repayment of the whole outstanding amount, but I was not in a position to pay the same. Consequently, the bank initiated the action under the SARFAESI Act. Ultimately, the bank sold my land to a person not belonging to schedule caste.

The purchases took possession over the land and got a mutation in his favour. I want to challenge the whole proceeding because written permission of the collector is mandatory for selling of SC’s land. Please suggest.

Second application for temporary injunction: legal advice

Can I file a second application for temporary injunction? My land is situated in the main market and it has value rupees nine crores. Some influential and powerful men are eying on my land and gradually encroaching thereupon. I applied for a temporary injunction which is still pending. Now they are parking their vehicle in my land. So I need to file a subsequent application for preventing these acts.

Does unregistered sale deed have any legal validity?

Sir, we are three in our family (my mother and sister). We don’t have a father. For my sister’s marriage, we need money so we planned to sell our land. But we are willing to sell only a small area of land. Now brokers and buyer pressured, compelled us to give more area of land, but we are not willing for my sister’s marriage.

We accepted that people’s deal they made unregistered sale deed. They gave 15 lacs now we said it is enough for us. We don’t want more money and also we don’t give more land for you but they threaten us to give more land or otherwise we will put suit against you, with the unregistered sale deed. Please give suggestions sir.

I want to correct the name in Khatauni

Sir, I want to correct the name in Khatauni. The name of my father is Nasir Ahmed Khan, but only Nasir is written in the Khatauni. Therefore my father has not been getting the benefit of government schemes. How to get a correction in the land record? Asked from: Uttar...

My sisters want to partition in the ancestral property

My father received some ancestral property from my grandfather.  The property is purely ancestral because my grandfather got it from his father. My father died in 1997 by leaving four sons and three daughters. I am the elder son of my father. I am an engineer and working with the NTPC.

After the death of my father, I somehow arranged the marriage of sisters. Now the sisters are claiming to share in the property which we received from the father. As per my knowledge about the share of a daughter in the ancestral property is that they are not entitled. Sir, please help us to provide proper advice on this matter. We will be grateful to you.

Construction of house

Question: My late mother (Hindu, d. 2013) has three surviving legal heirs – her widower husband (my father), her unmarried elder son (my brother), and myself (unmarried younger son); all Hindu. There’s a piece of non-agricultural land (meant for the house) registered in her name. Legal heir document is available in the name of us three.

Can we construct a residential house on it?

Is the transfer of title of the land (mutation) mandatory before initiating construction?

Who needs to apply for building plan approval before the civic authority among us three?

In whose name Electricity, Water etc. connections need to be applied?

House once constructed, in whose name will it be, who’ll be its owner

Builder is not returning my booking amount

Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July 2018 for clarification that what development is going on, then I found that the property is still about to commence.

Thereafter, I made some inquiry and found that the said land is a disputed property and a court case is pending in the district court. I said the builder to return my booking amount but he said it is impossible. sir, how could I get the booking amount.

Wife is threatening to take my flat

I am the owner of a flat purchased it before the marriage. My father is the co-owner in that property, and he also paid some amount in the purchase of the flat. The instalments of the EMI is about to complete. My father has relinquished his share in the property by making a gift of his share. Now there is some dispute with my wife, and she is threatening to take this flat. Whether my wife has any right in the flat? Could she claim partition of the flat on divorce?  We are Hindu, and our marriage is an arranged marriage.

Claim refund of money against the builder under RERA

I booked a flat in a development project situated in Lucknow, Uttar Pradesh. The builder said that the project would complete in July 2016. However, I booked the said flat in the year 2014, but it is still under construction. The builder refuses to return my hard-earned money. More importantly, I have paid the total amount in the year 2017.

Now the worst scenario is the builder says that he has no money to complete this project and the LDA had restricted further construction. I want to file a complaint in RERA for return of the total amount. Whether the claim will be maintainable because I booked the flat before the commencement of RERA.