Leave & License
Leave & License
Would I be legally liable as a licencee to handover flat to family of licensor who has passed away in absence of any transfer of ownership document. N would society share certificate alongwith mainten
8 months ago
A. Dear client,
A lease creates a heritable right under the Transfer of Property Act. A license will come to an end on the death of a licensee. On the death of a licensee, his heirs will not inherit the right to continue to use the premises. A lease is assignable but a license is generally non-transferable.
Apartment maintenance non payment - total 6 flats
Dear Sir/Mam, I live in an apartment with 6 flats. Only 2 are occupied by residents one is commercially used by the builder. One owner vacated to sell his flat. 2 unsold by landlord. None of them are
8 months ago
A. Dear Client,
This kind of dispute is commonly found in standalone apartments with 6/7 apartments having no registered Society. So, in the prevailing situation, you need to approach the concerned Civic Authority, Municipal Corporation, and local administration, i.e., the Public Grievance Cell under SDM/DM office to stop the errant personr from commissioning further damage or injury to the co-residents of housing society. You may also consider for service of a legal notice to both the Builder and ...ReadMore
My husband built a house in his father s land
My husband built a house in his father's land (his father inherited from grand father). My father in law expired before completion of house. Later after few years my husband too expired but the land o
8 months ago
A. Dear Client,
As per the Hindu Succession Act, being a grandchild, your son can claim a share in his grandfather's property. If your father-in-law passes away leaving the property intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. In that case, your mother-in-law cannot transfer the title of the entire property to her daughter. Such a transfer will be treated as null and void on contest. So, in the absence of the father, his s ...ReadMore
Is my house is not mine
my grandfather has two sons, one of his son is my father. My father has two daughters, me and my sister. And my uncle ( brother of my father) has two sons. we all are live together in one house as two
8 months ago
A. After the demise of your grandfather and if the property is left intestate by your grandfather, all the surviving legal heirs are entitled to equal share in the said property. House or Plot Number is allocated by the land deptt and the Municipality or the office of Tahashildar. An intestate property is distributed or divided among the legal heirs with an equal share through the order of partition suit. Until and unless the property is divided and recorded in the Land Deptt and Municipality, the ...ReadMore
As per RERA there are some 6 litigations
As per RERA there are some 6 litigations related to the project Gagan 45 which has been uploaded today. 2 has been showed as disposed. 4 are shown as pending. Please render me free legal advice as to
8 months ago
A. Dear client,
The pending litigations as per RERA does not mean they are less serious or not. And also the disposed cases also does not mean they are very serious cases.
not refunding the security deposit
Parry A is the Tenant and Party B is the Flat Owner. Party A and Party B entered into a Leave and License agreement in 2017 for a period of 2 years. The lease expired in December 20
8 months ago
A. Dear client,
You may send a legal notice and file civil suit of recovery along with interest. If the landlord is refusing to return the deposit amount then send him a legal demand notice and after that you can file a money recover suit before civil court.
Property issue
My father sold my grandfather's property and bought another property in my mother's name, do the children have any right to the property?
8 months ago
A. Dear Client,
As per Hindu law of inheritance, children got the right to the property of their parents by birth. Your father sold out the inherited property of your grandfather and bought a property in the name of your mother who can dispose of that property either by a Will or by gift to her children who are the sole legal heirs and classified as Class-1 heirs under the Hindu Succession Act, 1956. Post your mother's demise, and in case she has not executed any testamentary document(WILL), the p ...ReadMore
Freehold vs GPA
Our bank is forcing us to give them GPA in order to get home loan, even though we have submitted all the necessary documents and our soon to be property has already acquired the status of freehold. So
8 months ago
A. Dear Client,
Bank or NBFC usually did not approve home loans for purchasing an immovable property through GPA even if it is a freehold property because a GPA cannot transfer the title or interest of an immovable property in favor of the purchaser who applied for a home loan against the said immovable property. In its judgment in 2011, The Supreme Court made it clear that a GPA cannot be used to transfer legal ownership of the real estate. In addition, the Court determined that a power of attorne ...ReadMore
Water channel const., they are demolishing portion of my 60 years old house
Due to water channel construction, they asked us to demolish the portion of house, I am ok to leave the space, but I need time, as the constructor did not share the proper time line or notice and they
8 months ago
A. Dear client,
It is mandatory that local authorities have to intimate the residents or occupants and issue a notice before demolition. If a prior notice has not been issued to you by the municipal authorities , you have a legal remedy.
1. Send a legal notice asking for damages, this will bring a clarity whether they have sent a notice and you missed it or on what base they have initiated a action causing you such loss.
2. File a civil suit against the action and for damages
Mutation of Joint property
A house that is registered jointly in the name of my Mother and Father has to be applied for mutation in my name and for the same I need to state the following That my mother expired in 2016 That my f
8 months ago
A. Dear Client,
The Hindu Succession Amendment Act, 2005 granted equal rights, duties, liabilities, and responsibilities to daughters that were earlier limited to sons. This also means that the daughter's right to both coparcenary and self-acquired property is legal and cannot be contested in Court. Therefore, it is irrelevant whether her father was alive or not or whether she was married or not on the cutoff date of the amendment i.e, September 9, 2005. However, if the father is alive and has tran ...ReadMore
