Property Cases

Hello sir, Recently in 2021 I have purchased a BDA site from the first allottee “A” who is the sole and absolute owner. Children of seller are challenging sale deed, however, the land was allotted to the seller by BDA. Subsequently after the registration I took over the possession of the property. The allottee has 2 wives. 1st wife died 20 years back. He has 2 children with his 1st wife. 

He presently stays with his 2nd wife and he also has 2  children with his 2nd wife. Now the 1st wife’s children have filed a civil suit against me falsely claiming the said scheduled property purchased by me is a joint family property. However it is very clear the property is a BDA allotted one and is backed with the proof.

Evidence such as allotment letter, possession letter, lease cum sale agreement, sale deed, khata and all the other documents are issued by BDA to the allottee from whom I have purchased the property. I need to know on what basis they filed the case against me claiming it as joint family property.? Can property allotted by bda be considered as joint family property?

Can a flat owner construct a balcony which is not in the approved plan? The flat owner below my flat has illegally constructed balconies extending the roof of his balconies up to my balcony covering the entire wall. It is to mention that No balcony was originally provided for the ground floor by the builder due to the cellar below. Now he has constructed balconies almost extending up to the compound wall which is also a violation of cantonment rules. Due  to his illegal construction,  my view to the road from my balcony view is obstructed. What is the remedy sir to remove his illegal rods and asbestos from my balcony walls. 

Top floor owner wants to erect an illegal flat without permission of the development authority. I am residing in a flat which is a 5 story building. The top story is in the ownership of a private limited company. That company wants to erect another floor without taking prior permission of the development authority. We are separate owners of 4 floors. Each floor has 6 flats, therefore, 24 flats owners are at risk of demolition if the company erects another floor without necessary permission from the development authority. Sir I want to know in this situation what would be the best legal recourse to stop the private limited company from erecting an illegal flat?

It is more than 12 years over my father passed away with no will. in year 2018 a unregistered family settlement done among we 3 brothers but now with bad intention my younger brother refused family settlement saying it has no value and started construction over some properties. I told him to stop construction since there have been no legally valid partition of property but he is not listening.

I have been told that a co-sharer can, t seek injunction against other co sharer and can, I stop for carrying construction as he is in exclusive possession on properties. I am in job, live in other city and only go home on occasions and to meet mother. How I can get my legitimate share and restrict my younger brother from carrying out construction so that neither shape and status of property be changed nor any third party interest created.

How to remove the name of a dead person from the revenue record? I have his will but my other brother in connivance with lekhpal has put his name by way of virasat. He bribes whereas I want my name to be put in khatauni by way of vasiyat. So kindly advise what is the procedure and the fastest mode to execute this.

How to transfer ancestral property named in great grandfather? Can a co-owner transfer ancestral property when it is in the name of the great grandfather? My grandfather received some property from his father but name did not change. It is in my great…

Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it. This tenant is no more and his wife lives with her elder son now. Her daughter is married & settled. And though both of her sons own houses in Dehradun. Her younger son is living with his family in our house and not vacating it.

Our family has extended and we need this house to be vacated urgently. According to the tenant this house is an allotment house and can not be vacated. Is there any new law supporting a landlord in this kind of situation? Please help and guide.

Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in it. I approached patwari for the required changes in the jamabandi and it’s been almost one month now however still no changes have been done till yet. How can you deal with this situation? Can you please

Whether a succession certificate is mandatory in order to get possession through a testamentary will? Whether one can apply for grant of succession certificate for immovable property u/s 372 of the Indian Succession Act, 1925? Father of the petitioner is claiming immovable property under a will executed in 2010. Father dies in 2018 and excludes his three married daughters because they are well placed and father had spent a huge amount in their marriage.