Bulldozer Action on Property: Can authorities demolish a home without prior notice and personal hearing?
STRICTLY ILLEGAL. The Supreme Court in its landmark 2024 Pan-India Demolition Judgment ruled that no property can be demolished without a minimum 15-day prior show-cause notice by registered post, personal hearing, and a reasoned appellate order.
- • 1. A minimum 15-day notice must be served by registered post and affixed visibly on the property.
- • 2. The notice must specify the exact illegal unauthorized portion and statutory provisions violated.
- • 3. Officials carrying out arbitrary demolitions face contempt of court, criminal prosecution, and must pay personal compensation.
- 1. Demand the written statutory notice and official digital registration number from municipal officials.
- 2. Submit a formal written reply with approved building sanction maps, registry, and property tax receipts.
- 3. Move the High Court immediately under Article 226 for an urgent Stay of Demolition.
- 4. If demolished illegally, file a Contempt Petition before the Supreme Court for full reconstruction damages.
Sale of Ancestral Land: Can a father sell ancestral property without the consent of sons and daughters?
NO. Under Hindu law, children (both sons and daughters) acquire a birthright as coparceners in ancestral property. A father or Karta cannot sell coparcenary ancestral property without legal necessity or without the written consent of all coparceners.
- • 1. Ancestral property inherited up to 4 generations cannot be gifted or sold arbitrarily by one family member.
- • 2. Daughters have equal rights as coparceners since birth, exactly like sons, following the 2005 amendment.
- • 3. Any sale deed executed without coparceners' consent can be challenged and cancelled in Civil Court.
- 1. Obtain certified land records (Khata / Jamabandi / RoR) proving the property is inherited ancestral land.
- 2. Issue a legal notice to the sub-registrar and prospective buyers warning against unregistered transfers.
- 3. File a Suit for Partition and Permanent Injunction before the Civil Judge.
- 4. Seek an interim stay restraining any sale, construction, or third-party rights on the property.
Cancellation of Registered Gift Deed: Can a donor take back property after gifting it?
NO. Under Section 126 of the Transfer of Property Act, a registered gift deed, once accepted by the recipient, becomes absolute and irrevocable. The donor cannot unilaterally cancel the deed unless fraud, coercion, or Senior Citizen Act conditions apply.
- • 1. A valid gift requires delivery of possession and acceptance during the lifetime of the donor.
- • 2. Sub-registrars cannot register a "Cancellation Deed" unilaterally without a civil court decree.
- • 3. EXCEPTION: Elderly parents can revoke gifts under Section 23 of Senior Citizens Act if children fail to provide basic maintenance.
- 1. Keep original registered gift deed and municipal tax receipts proving mutation in your name.
- 2. If the donor attempts to register a cancellation deed, issue a legal notice to the Sub-Registrar.
- 3. If challenged, file a Suit for Declaration of Title in the Civil Court citing Section 126 TPA.
- 4. For senior citizens seeking revocation for neglect, apply directly before the Maintenance Tribunal.
Landlord Overcharging Electricity: Can landlords charge ₹12 to ₹15 per unit instead of government tariff?
STRICTLY ILLEGAL. Under Section 43 of the Electricity Act 2003, landlords are consumers and not licensed electricity distributors. Reselling electricity at inflated commercial rates (e.g. ₹10 to ₹15/unit) to tenants is an offense under State Electricity Regulatory Commission (SERC) regulations.
- • 1. Landlords can only recover actual electricity consumed at the approved discom tariff slabs.
- • 2. Reselling power at marked-up rates constitutes unauthorized resale of electricity.
- • 3. Tenants are entitled to inspect the main electricity board bill and calculation breakup each month.
- 1. Demand to inspect the official monthly electricity discom bill for the premises.
- 2. Calculate your actual consumption based on approved SERC domestic slab rates.
- 3. If the landlord threatens disconnection or refuses reasonable billing, cite Section 43 of Electricity Act.
- 4. Lodge a grievance before the Electricity Consumer Grievance Redressal Forum (CGRF).
Neighbor Blocked Common Road or Public Lane: How to get illegal gates or encroachments removed?
Under Section 152 BNSS (Section 133 CrPC), the Sub-Divisional Magistrate (SDM) possesses summary statutory powers to order the immediate demolition and removal of any unlawful obstruction, gate, or nuisance on a public road or common pathway.
- • 1. No private citizen or resident can construct private gates, sheds, or walls on a public street.
- • 2. The SDM can issue a conditional order directing the encroacher to remove the obstruction within a fixed timeframe.
- • 3. Non-compliance invites penal action and police-assisted demolition at the encroacher’s personal cost.
- 1. Take geo-tagged photographs and video showing the blocked pathway and vehicular disruption.
- 2. Obtain the municipal road layout or revenue map proving it is a public thoroughfare.
- 3. Submit an application under Section 152 BNSS before the Sub-Divisional Magistrate (SDM).
- 4. If urgent, request the local police station to submit an emergency nuisance inspection report.
HRA Tax Exemption: Can a landlord refuse to issue monthly rent receipts or share PAN?
NO. Under the Model Tenancy Act, landlords MUST acknowledge rent payments and issue a written receipt. Under Section 10(13A) of the Income Tax Act, if annual rent exceeds ₹1,00,000, tenants are legally required to quote landlord PAN to claim HRA exemptions.
- • 1. Every tenant paying rent via cash, cheque, or UPI is entitled to an immediate signed rent receipt.
- • 2. Landlords cannot evade income tax by refusing their PAN number to genuine tenants.
- • 3. If landlord refuses PAN, tenant can submit bank transfer statements and landlord declaration to employer HR.
- 1. Always pay monthly rent via banking channels (NEFT / UPI / Cheque) with clear remarks: "Rent for [Month, Year]".
- 2. Send a formal email/message requesting signed rent receipts and PAN for HRA submission.
- 3. If landlord lacks PAN, request a signed Form 60 declaration stating income status.
- 4. Submit bank statements and rent agreement to your employer finance team as secondary proof.