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Dear Lawyers, I have been staying in my parental house with my family since 2007( 14 years now ) after selling my own house.The reason for shifting with them was to look after them in their old age.F


A. In given circumstances the principle of adverse possession is not applicable. As per law sister in law and her son are entitled to have equal share in the property left by your parents. All properties left by your parents are liable to be divided in two equal parts. If flat is not divisible then it should be sold and sale consideration be divided in two equal parts. You can implead names of sister in law and his son in succession certificate as they are also successors.

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

icon Property Partition issue

My husband has a house in Village (Bihar). The house along with property is in my mother in laws name (self acquired by my mother in law). Recently the partition of the property has been done in betwe


A. Hello Ma'am
Your Husband can file a partition suit under Hindu Succession Act in a civil court in order to claim his part of share in the property. As of now your partition done by Sarpanch is not valid you'll have to get the partition done by the court in order to have complete right over the property.
Once that's done you can construct the wall easily without any interference from your husband's brother.
Thanks

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Vehicle parking charges charged by a Co-op. Hsg. Society

Is a Co-operative Housing society entitled to charge monthly vehicle parking charges for vehicle parked by a member on the common internal road of the Colony comprising of 5 Co-operative Housing Socie


A. Hello
The housing society can charge you fee if they have decided the same through the general meeting of the housing society or if it's written in the rule book of the society. If so then they could charge you the same otherwise not.
Thanks.

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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Land Division between brothers

we are five brothers and having 3 katha land size width 19 length 155 my, i am living in delhi for job purpose i am at 4 position my other brother living in nepal 2 position and other want's to distri


A. You approach a good property lawyer then file a suit for partition but before that send a legal notice to all the brothers about your intention of filing a partition suit.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

icon Stamp duty on gifted share of an undivided property

My 4 uncles bought 10 kathas of land in the year of 2001. They are the joint owners of that undivided land.Now they want to gift me an equal share in that undivided property through a gift deed. Now m


A. Stamp duty will be charged on the portion/area of the property which is being gifted out of the total property which will be required to be calculated accordingly. Thank you.
If you have found the answer helpful than please provide review and give ***** as appreciation. Thank you.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Map not passed

Hi, I am planning to buy thrid floor in Delhi with roof. However, most of the flats does not have approved map for thrid floor since earlier only 2 floors were allowed. People says its legal even if y


A. Hello
Although the maximum height allowed for a property on a residential plot is of 15 meters but still consult a property lawyer for better understanding and visit the municipality to chrck regarding rules and floor plan issue.
Thank you

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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Unauthorized access to the roof of my flat

I live in top floor , DDA Flats, R Pocket, Dilshad Garden, l have roof right as maintenance of it and water tanks of flats below my flat are kept on my roof and they can check out their water tanks


A. Aapas me bethkar solution nikale bahut achha hoga. Court ya police me jaakar aap ke bich or dushamai hogi. Isliye bhaichare se vivad ko suljaye.

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Latest Response 2 years ago
Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Challenging delay condonation order by Divisional Commissioner Office

A money lender had done a nominal deed dated 2002 in lieu of giving loan to the farmer. The money lender did not do the re-conveyance deed even after the payment of the loan amount by the farmer. Due


A. You challenge the SDO order in the District order making it void and not with in his power as the District Court which is superior to SDO had given the order to sell the land through which it came to you. And yes due to Corona Supreme Court has globally extended the time limit for all cases and interim orders so you should be covered.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon how to legalised the illegal property in mumbai

Hi I have bought a flat in one of the complex near Thane Bhiwandi area. Everything was done even the loan was approved. but now we have got the notice from MMRDA that the property is illegal as the b


A. Aap apne builder ke virudh 420 Indian panel code ke antargat case file kare. Money recovery ke liye civil suit file kare.

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Latest Response 2 years ago
Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Maintenance & property tax goes to 2 different registered society! Kindly guide

From 15 years maintenance bills Pending, Society was in ambiguity , they came to know my registration information around 2016 through RTI, there is a dispute between two wings, both are different r


A. Quite interesting that since last 15 years the property is having this issue of dual registration to societies and neither the owner nor the society bothered to resolve this until today. Well this is a complicated matter and in all probability seems to end up going to a court because it will not be resolved by the common intervention to of the common men.
Yes the society can raise a recovery suit under Section 101 but which Society will raise in your case is question. Here in your case every ac ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal