Property Dispute Legal Advice In India

Free Legal Advice - property dispute

My father expired lat month due to sepsis after an operation in Bhopal. He did not leave a will. He has properties and FDs in Bhopal and Inherited properties in a village in Uttar Pradesh. He left behind 5 children (4 daughters + 1 son) and a wife. My brother's family and my mother lived with him in a house also owned by my father in Bhopal. I have following questions: 1. Who has the authority to sell his properties? What will be the process to sell his properties? 2. What can be done about his bank accounts and FDs? He did not leave a nominee's name in any of those. 3. Can my brother sell it without the sisters' presence/approval? 4. Does my mother have the authority to sign the sisters' share to the brother? 5. Is there any work-around/ loophole that my brother can use to take over the sisters' shares? 6. What is the process/documents a sister needs to go through to let go of her share? 7. What are my mother's rights and inheritance? Also, about the cause of my father's death, I am very suspicious that there was negligence from the hospital's side. They did not take timely note of his early signs of sepsis that led to his death. What can I do to file a negligence case against the hospital? What documents will I require?

Free Legal Advice - property dispute

I am planning to purchase a commercial property in Pune east street (Pune cantonment) So I had 2 questions with regards to this. As per the required documents CA certificate was required which the seller doesn’t have since hes not filed the IT returns. The property was on the name of 3 people (mother and 2 sons) and release deed of 2 have been completed which leaves the property with one person. And secondly as per cantonment rules we are suppose to pay 27% tax on rented out properties which hes never paid till date. So is it safe to purchase the property without these 2 things or can I face any problem in the future with regards to these 2 things. Also if I need to come out of this deal how do I claim my expenses since its been 6 months that hes not given me the complete documents and have kept me hanging in the middle. Ive given him a token also for which I have a written receipt. But since I had taken money from outside so ive been paying interest without any returns. Needed help

Free Legal Advice - property dispute

Dear Sir, I have a piece of land at Kotdwara Uttarakhand. We three brothers have equal share in it. I, am an elder one. One of my brothers lives in Ottawa Canada. The other lives in California USA. I have proposed to sell this land to a party. Both of my younger brothers have sent their General Power of Attorney in my favour through Indian High Commission in Ottawa Canada and Consulate General of India in San Francisco in USA properly attested. My advocate says that still my brothers will have to come in India within 6 months of the deal of the land – Registering of the land. Now, in this matter I have requested you to give clear advice. Thanking You

Free Legal Advice - property dispute

Respectful Lawyers Need your help on understanding property registration. We are hindu family of 3 brothers. My elder brother is son of first wife of my father, after fathers first wife was dead due to health issues my mother got married. Both are sisters. Now the issue is 10 years back my father purchased a land by selling our ancestor property from my uncle(mothers brother) and registered on my elder brothers name. Me and my younger brother were young and not aware of it. Now we are all got married and when it comes to property sharing. My father asked everyone to share equally. My elder brother is refused to share the property he is owning and saying it is on his name. My father shocked hearing from him and helpless. We dont want to fight for the property. Now my father come up with the idea to register another property on my and younger brother name which is not ancestor property though it was came as share of my father from his brothers, That property was bought by my father and his brothers and registered on my fathers name. Can my elder brother claim share on this property? Since this property is not ancestor and was brought by my father and hos brothers and is in my fathers name. Can we have full rights to own the property. Please help us to understand legally. Thanks in Advance Bala

Free Legal Advice - property dispute

Tenant not vacanting

Free Legal Advice - property dispute

I stay in rented house at Hyderabad since 9 months which is without legal agreement. The property was found on the online site Olx & soon after i visited property & agreed on the occupying property at monthly rent of Rs. 5500, which includes provision for covered car parking (Usual rent without car park is Rs. 4500). However owner has failed to provide covered car parking but kept on charging money. Now i have taken decision to move out of the property but want to get the back Rs. 1000 extra whcih i paid for 9 months( sum of Rs. 9000) as owner has failed to deliver the commited service. What legal action can be initiated in this regard? I have bank records of rent paid & deposit amount paid to owner. PLEASE HELP. (NO RENT AGREEMENT DONE)

Free Legal Advice - property dispute

My dad has 3 male and 2 female siblings, so including my dad there are 4 sons and 2 daughters to my grand dad. there is only one small house, and a little agricultural land. about 15-18years ago, in presence of village elders, there was sharing process. as we are 3 daughters to my dad and only my dad and mom took care of my grand parents, the house was given only to my dad. and the agricultural land was shared btw all 4 sons of my grand parents. as the house was very old and because of the heavy rain, some part of the house collapsed. and we reconstructed almost 50% of our house and spent approx 3 lakhs. we lost our dad in an accident 4 years back, and now my uncles, siblings of my dad are asking the share in our house. and one of my uncle keeps coming to our house when my mom is alone and starts fighting with her. and there were no registration/legal document done during the last sharing of the assets, 15-16 years back. Can you suggest how we can tackle this problem, correctly/legally?

Free Legal Advice - property dispute

Hi Lawyer, One of my friend need help. Current Property is in her mother's name. It was transferred from his uncle as he did not have any children. Uncle got his property from his father (i.e her grandfather). Now in case her mother transfer this property to his 2 son's name. Then is it possible for daughter to claim share on her mother's property? As she is unmarried and dependent on her mother. Also one other property already in name of her brothers which was given by his grandfather without notifying her (by brothers) as his grandfather was not mentally fit. So is girl have rights to get share on his grandfather property which was now in name of his brothers few years ago. The reason for getting her share is that his brother is forcing her to leave house. Please advice. Thanks.

Free Legal Advice - property dispute

Is Tenant-Owner co-stay in the same apartment illegal OR society can restrict it?

Free Legal Advice - property dispute

My father died intestate. My sisters want to relinquish there rights in favour of me. It is difficult for them to visit property jurisdiction. Can I take registered GPA/SPA from there place of residence on favour of me and relinquish there rights at property jurisdiction Subregistrar office.is there any future complications with this procedure

Free Legal Advice - property dispute

Hi, I am 80+ years old and my mother had written a WILL stating that the apartment will be in my possession but can allow my brother to stay in that rented apartment, for the same i had also provided the WILL copy to the landlord, also he had acknowledged the same via post. I'm now suffering from financial crisis so i wanted to have the possession of the rented flat but the rent receipts are in name of my brother. He has 2 sons and one daughter but I'm a bachelor, so how can i reclaim the flat or can i ask the landlord the sell the flat and give me the share f

Free Legal Advice - property dispute

Is it is possible to transfer the ownership of agricultural land to blood relation i.e. son or daughter with minimum expenses in Uttar Pradesh?

Free Legal Advice - property dispute

My fathers grand father has sold his agriculture land in 1978 to 1980 a person that time I was only two years old now i came to know that agriculture land was belongs to us but my grand grand father has sold the whole property as I came to know that since my birth I have rights of my share in proprty so please advice me that can I file a suit for agriculture land

Free Legal Advice - property dispute

Dear Sir/Madam, I am from Sundergarh district in Odisha. In my Father's Patta(Land record),there is a Plot no:xxxx, which has area of 75 decimal. The area of this plot in land record map is not same with currently visible partitioned area. Currently its partitioned into 4 parts. Till now we know that, among these 4 parts 2 part belongs to My father and other 2 part belongs to brother of my father. Recently we applied to our RI office for demarcation of the same plot and came to know that all 4 parts of this land belongs to my Father as its under same plot no xxxx. Now problem is, My Father's brother not willing to give that 2 part area to my Father, saying it was allocated to him during partition. Partition was done in typical village style, My father's brother took 2.0 acre more land in comparison to my father's share,saying my father is child of 2nd wife of my grandfather. We don't want to loose this land. Please guide me ,How to get back that land? Thanks.

Free Legal Advice - property dispute

Background of the Case: This is a partition suit between 4 siblings in the state of Karnataka. Plaintiff (one of the siblings) has filed a partition suit with remaining 3 siblings. Out of the 3 siblings 2 are deceased (1 brother and 1 sister) hence their respective wife and children are included in the defendant. (overall 9 defendants) So Plaintiff is claiming for 1/4th of the share along with expenses he made on the properties/agricultural land to improve their state. Out of the listed properties in the partition suit, the estimate value plaintiff has mentioned is 4CR INR, with 1/4th share to be 1CR INR. Plaintiff is claiming 1CR + 45 lakhs (his expenses). Although the benefits of the investment have not been mentioned in the form of rents/crop harvest by Plaintiff and one of the Defendants. So in this case not sure if the document correctly represent this value. There is one lawyer being being appointed to represent all 11 defendants except one defendant who benefited from the rent and might have their own lawyer. I have two questions: I am one of the defendants in the suit. My mother(deceased) is one of the siblings, hence I get 1/4th of 1/4th share of this partition suit. Current estimate share as per the partition suit document is 25 lakhs INR. 1. The next hearing is on 19/12/2020 (looks like Lok Adalat in Karnataka is happening on the same date), should I hire a lawyer to request for more time given that I just got the notice recently. How can I access the case document online and not the case status. 2. How much is average lawyer fees for this partition suite if I hire my own layer to raise objections on the list of properties, his claim on expenses, etc. and go all the way. 3. How much is my Court fees i.e. defendant in this case? Is there a percentage of my share that I should be looking at for Karnataka state? Is there any online link that I can refer?

Free Legal Advice - property dispute

My father had taken two adjoining flats on ground floor of a society back in 1998. The builder then gave us a offer that if we take two adjoining flats together we would get a space outside (of around 125 sq ft) right outside our flats. He even opened a door from that place. He marked the space in the our agreement plan with different color but didn't clearly mention the same in agreement. Now after so many years the society is threatning us to break the compound wall that had built then and that it's illegal since it is not mentioned in our agreement. This had happened once 10 years back too. Then too society specifically the chairman and secretary of society then had threatened us. We had sent legal notice to them but didn't receive it n it came back to us. Now again the society comittee members are planning to take action and we even presented them the letter given to us by builder on his letter head along with his stamp and sign mentioning that the place belongs to us. I intend to finalize this matter. Can anyone advice me what can be done? Anything that legally solve the problem once and for all without intervention of society, since society won't do anything for us as they want to turn it into parking place?

Free Legal Advice - property dispute

My mother's father had 4 daughters and 4 sons (A,B,C,D). mother's father died with making a will that each son will get 1/4th share of the property (land). the whole land belongs to my mother's mother, actually my mother's mother was the only daughter of their parents so all property got transferred in her name. by mutually concern they all(A,B,C,D) divided the land of their own without making any documentation. now few years later both one son(D) and his wife died. now the problem created from here .the children(minors) of D want to transfer their father's 14th share in their own name because A,B,and C are ready to give 1/4th share but refusing to transfer in children(minors) name and children want property on their name so in future they can give it on lease or rent or open bank on that place. A, B and C clearly said that neither they will do any documentation to get property in their own name nor they will transfer property to the children name.my mother's mother is alive, all property belongs to her and she want to transfer D share to their children name but because of A ,B and C she can't do this. she is 85 year old. i know that the 1/4th share of D will automatic get transfer to their children name but children have fear that A,B and C will change their share with children's share.actually D got his share which is on road side. so it is obvious that they(A,B and C) will try to change children 14th share with their 14th share which is far from the road or they will re-divide the land so that they might get land near road. Is there any way to get D share in their children(minors) name.? i want proper documentation of D share in their children name so that in future D's children will not face any problem like changing or re-dividing the land by A,B and C. D has 3 children,one girl(14 year old) and two boy(13 year and 6 year). please help me out, i am from UP.

Free Legal Advice - property dispute

One person owns a land in Plot No. X where he has built a commercial building, but he has no road share in his adjacent Plot No. Y. <>. There are four rooms in the said commercial building and each room faces towards Plot No. Y. Despite having no road share in Plot No. Y, the said person & other men are using the above mentioned road without any legal permission of the owner of Plot No. Y. Not only that other disturbances are creating along with illegal encroachment. In view of above, my queries are- (1) Can he keep face of any room of the said commercial building towards Plot No. Y in which he has no road share ? (2) Can he use path in Plot No. Y in which he has no road share ? (3) Can the owner of the Plot No. Y request the owner of Plot No. X to erect a permanent wall/barricade to stop use of such road share ? (4) Is there any legal provision of height & measurement to erect such permanent wall/barricade as stated at SL No. (3) ?

Free Legal Advice - property dispute

I rented first floor to one tenant and ground floor two tenants .First floor tenant was not regular in paying rents. Ground floor tenants are in support of me. Both ground floor tenants were evidence in OS suit.I filled OS suit for eviction in Sept 2015.Rent is due since Aug 2015.During OS suit my advocate told me he will file petition for rent arrears and damages after winning the case. The os suit decreed in favor of me in November 2017 and given time to vacate within 6o days. Tenant did not vacate court ameena went with notice after 60 days but tenant did not care . I filled Execution petition for police aid until now nothing happened other advocate intentionally prolonging with postponements. I told my advocate to file petition to pay rents in court. He submitted petition for the payment of rent. As usual arguments happened in the court other lawyer saying will not pay rents as it was not asked at the time of suit and asking to another 6 months? time to vacate. Neither ready to pay rent nor ready to vacate. Since 3 years not paying rent in justice happening to me. Please advise how can I get justice and kindly advice what section can I demand to pay rents and get police aid. Please suggest me any reference case of such scenario. Your early support highly appreciated in this regard. Thanks Regards

Free Legal Advice - property dispute

I have my own house and i am out of country and need to sale or rent. but my parent want me to give my house free to my brother. what are the implications if i sale my house, can my father ask for share or compensation or will there be any legal issue

Free Legal Advice - property dispute

In a joint family with regards to an ancestral property, is it possible for me whose name does not exist in the title of the lands because the "property is in the sole name of my mother who is living" register release deed to my sister whose name too is not in the title of the lands. In other words, I can register a release deed in the present day permanently releasing my future rights to ancestor lands that I will inherit 20-30 years later?

Free Legal Advice - property dispute

My father owns a flat, but he can't find the original purchase agreement nor are any copies available. However he has a letter from the bank stating that the loan he had taken on the flat, which has been issued around 28 yeas ago. He also has the original share certificate from the society. How can we get the same legally regularised to avoid any future problems

Free Legal Advice - property dispute

We built a flat on top of our existing flat 10 years ago. Now we want to register our property and make it legal. Please suggest the process.

Free Legal Advice - property dispute

My father gave POA to a person in 2006 for a piece of land which was actually my share as per the family partition deed which was signed by all members and registered during 2002. I was not aware of this POA as I was far away from property location for several years . Recently , I came to know that POA holder sold the property to another party immediately (2006). Also, I understood father gave POA due to pressure from existing family circumstances that time. Can I question above sale deed (& POA) now in the court of law and will there be any legal action on my Father?

Free Legal Advice - property dispute

this is Nishant from Patna, Bihar. I had to sell my land. I did an agreement for sale for Rs. 25 Lakh and the purchaser gave me 20 Lakh advance. The agreement for sale was registered before registrar. The total time duration of agreement was 16 months. Now, 16 months has passed but he didn't pay me the remaining amount and didn't come forward to take the land. I just wanted to know, as the time duration mentioned in the agreement has expired, can I can take loan on the land or sell it to another person now ? Or have i to move to the court first?