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Anonymous   20 April 2025 at 09:48

Sale of property agreement not executed

Dear All,
Need a kind advice on property sale to agreement not executed by 1st party.
I did one of the agreement in last feb 2024 for one of the plot where in i paid 20% advance in white and balance at the time of registry.
The major problem was 1st party from whom i did agreement, the said plot was taken by him in auction from HSVP, but he didnt made full payment and said plot was resumed by HSVP and can be resumed by paying amount of 33 lacs by 1st party to Authority to get deed on his name
This i was aware and 1st party asked me 4 months time and it was clearly mentioned in agreement that in 4 months, he will get paper clear on his name and after that he will transfer to my name

After 4 months, he asked me to pay 33 lacs to him or he will make challan and i directly pay to HSVP, which i refused that 1st you get deed on your name by self paying 33 lacs and once he gets paper cleared, i will apply for home loan and will pay 80% amount by DD from home loan

he refused the same and said you take your money back and in addition he will give me 4 lacs amount as profit and will cancel the agreement, i have no choice, we made this is written and he issued me 6 + 6 lacs cheque and mentioend 4 lac as cash will be given to me after payment of 12 lacs comes to me, this was done in aug 24, fortunately he cleared 6 lacs cheque, and another 6 lac cheque bounced
upon asking him, he requested that he will get cleared in 1 week
from aug 24, in oct 24 he transferred 3 lacs, in dec 24 again he transferred 2 lacs
so out of 12 lac, i got 11 lac back,
after huge fight in feb 2025 he gave me 1 lac cash, and gave him receipt that still he need to pay me 4 lac ( 1 lac white and 3 lac cash) after that only agreeement will be cancelled

Till date he has not given money
also he has done agreement with some other party for sales, and now he has made 33 lacs payment to Authority, and deed has been done on 1st party who was supoosed to sell me

i have all agreeement copies and i have given a written complaint in HSVP, that the said property he has done agreement with me , and NOC and transfer permission and resale to be hold as he has doen agreeement with me

whenever i am calling him, he is telling that he will soon return the money and i need to take my complaint back as without my NOC letter, he will not be able to sell

In 1 year time, property rate has doubled, i have done agreement in 60 lacs and now property value is 1.2 cr
Shall i take my 4 lacs back or do i have the powers to file a legal case against him to get the property on my name, or can i demand extra benefit as from feb 2024 till april 2025, he has not executed complete agreement
All original agreement, cheque, cheque bounce letter from bank, and post cancellation to return 12 ac and 4 lac, every paper is with me and where his sign is also there

Please suggest

Rohit gulati   18 April 2025 at 15:52

Overhead water tank

Sir, we live in a building of four floors and i am the owner of third floor.
Ground floor owner was using a watertank which was common with first floor. Second floor has two tanks and I (third floor) has one tank.
Ground floor owner has installed a new water tank without my permission, intimation or consent.
Now the situation is that ground floor has seperate tank, first floor is using shared water tank exclusively now and second floor like earlier is using two tank and that takes the strength of water tank to 5 for four floors. apart from this, continuous overflow of water owing to broken condition of second floor water tank causing nuisance
Now on a roof, there are five water tanks including my water tank. please guide what action i should take against ground floor to remove the water tank and stop nuisance

Niranjan Chaitanya   15 April 2025 at 17:11

Can society ask for additional maintenance charges

Hi Experts,

I bought a flat in phase 2 of construction. Builder has taken 2 years maintenance in advance and handed over building to existing society.

Now society has calculated some maintenance charges and adjusted amount with paid to builder which comes to 1.25 years of maintenance.

Now society is saying your advance funds paid to builder are consumed because of high maintenance changes. Now you need to start paying maintenance from coming month even though two years are not finished.

Can society ask for such funds? Society is saying they did the same thing in their case.

Can someone guide me when I have paid two years advance to builder and mentioned in agreement to sale
can society over ride this and ask for maintainance charges?

Anonymous   12 April 2025 at 16:25

Registering a will and right to sell

Miss X, an unmarried woman, without any children, executed a WILL relating to her property (Apartment) in favour of her niece Mrs Y and this has been duly Registered in one of the Registrar Office in Tamilnadu. The property is in Tamilnadu.
Miss X died recently. Mrs.Y wants to sell the property which had been willed to her (and Registered also). Whether she has to get it endorsed/ ratified by a Court of Law before selling the property?.

Dwelsten   10 April 2025 at 23:00

How to get kul kayda property from government

We have old 7/12 papers showing name of my Granny as per Kul Kayda law, but from 2019 Maharashtra Shashan name is reflecting on the 7/12.
How do we claim this land?
Please share a details process and step by step guide to get the land back.

dr ashok rohatgi   09 April 2025 at 17:57

Work between 6 to 9 pm

My bare villa site has no OC I am constriting but some neighbour are living there.they are objecting if workers works after 6pm to 9 pm

Nikhil chaudhary   05 April 2025 at 05:27

Questions regarding partnership firm's case

Hello dear lawyers,

In 1990, A registered partnership firm was formed named M/S Radhe Shyam Traders with four partners, A, B, C, D
In 1991, A HUDA Plot was purchased in the name of M/S Radhe Shyam.
In 1997, A, C, and D (3 out of 4 partners) retired from M/S Radhe Shyam by signing a dissolution deed and transferred all the assets and liabilities to B.
For 6 months, B was the only partner in the partnership firm.
In 1998, B signed a new partnership deed with new partners X and Y with the same name and address (B, X, Y).
B did not explicitly pool the assets of the old firm in the new firm.
In 1999, B retired from the M/S Radhe Shyam partnership firm. The constitution of the firm was changed, leaving X and Y as the remaining partners. The constitution of the firm was changed without taking any permission from HUDA.
From 1999 to 2007, no letter was sent by X and Y to HUDA to update the records of the HUDA.
In 2008, X AND Y (New partners) sent a letter to HUDA for a name change. HUDA REFUSED IT.
In 2009, X and Y filed a suit for a declaration of their rights in the HUDA property and an injunction against B (the previous partner).

I just have 2 questions:

1. When 3 out of 4 partners retire in a partnership firm by signing a dissolution deed, leaving one partner, the old partnership firm ceases to exist?

2. New Partners did not send any request to update the records of the HUDA for 7 years and sent their first letter in
2008 and filed suit for declaration and injunction against HUDA in 2009. Is this case under limitation? because I have researched that the case should have been filed after 3 years of changing the constitution of the firm.

Thank you so much for your answers.
I really appreciate your hard work.

Prashant Taneja   04 April 2025 at 21:59

Cancellation deed

Sir, there were mistakes in my sale deed. To correct these mistakes a rectification deed was executed. There are some issues with the rectification deed due to which I want it to be cancelled. After negotiations the seller has agreed to execute a cancellation deed to cancel the rectification deed but the sub registrar seems confused. He says documents registered in Book 1 cannot be cancelled by cancellation deed. Can you give me the details and copy of a judgement of a case including the Exhibits presented (sale deeds/rectification deeds/cancellation deeds.......... etc.) where a cancellation deed to cancel a rectification deed was refused registration by sub registrar but court ordered it to be registered, so that I will be able to convince the sub registrar to register the cancellation deed. I am ready to pay for the service.

Anonymous   04 April 2025 at 01:51

Property dispute..

Hello Sir/Madam,

This query is regarding residential 3-storey building, a house that accommodates 3 families, on each floor, in Mohali (Punjab), beside Chandigarh.

Brother-1: He is graduated in Arts (49)and working as District Commander in home guards and civil defence. He is married and have 2 children, a boy (software engineer ) and a girl (an MBBS student)

Brother-2 : He is also graduate in arts (47) and an experienced lawyer by profession in high court district courts Chandigarh. He is running his own law firm. He is also married and have two sons (both are law students).

Brother-3 (Myself): I am an Electrical Engineer by profession (41) and a Canadian citizen. I am on OCI status in India. I am divorced with one son from my previous marriage (in Canada).

Mother: She is widow with pension (72).

Father: Passed Away.

My question is : As per my knowledge, registry of floors in a residential building, is banned in Punjab. My father has written a note on blank paper (before his death), that which brother will stay in which floor, after his demise. And we are living accordingly also. But now, the time has come to split (divide) this one property, among 3 brothers.

So, Can this property be divided in equal portion in %age of (34-33-33), as my brothers want to distribute the property by actual floor wise, which will be (50-30-20).. ??

A needful guidance is solicited please..

Anonymous   02 April 2025 at 15:27

Property transfer related

Dear Sir/ mam,
My parents have a self acquired property in a Cooperative housing society in Faridabad. They are now deceased. I am one of the legal heirs, along with my other siblings. My one sibling wishes to relinquish his rights ( for no consideration) in favor of me and the other siblings. My Sibling is unable to travel due to health issues. Can he release his share through a notarized NOC in favour of me and my siblings?. if it is possible, then what are the necessary requirements for such notarized NOC....
I also request to mention further steps, so that the above said property can be transferred in favour of me and my siblings.....
Regards...