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property law


Non-availability of documents - What to do?

Non-availability of certain documents Generally speaking, non-availability of title deeds or misplacement or missing of property title documents is a serious matter of concern. The reason for the missing or non-availability is to be identified and may be due to the following: li style="text-align..

Posted in articles |   5 comments |   526 Views


Partition and Release of Property

Partition Usually, joint properties are partitioned between the joint owners which amount to severance of the joint interest in the ownership of the common property. In order to avoid any quarrels between the family members ..

Posted in articles |   1 comments |   674 Views


Settlement of Property

Settlement Settlement is a kind of transfer of property, predominantly immovable, by its owner. In other words, a settlement is a disposition of property or properties, movable or immovable, as per the wish of the owner of the property. The settlement shall be in written form only and is to be registered. ..

Posted in articles |   2 comments |   4262 Views


Will

Will, what it is? Will is an important document which enables a person to leave his/ her property after his death to reach the desired hands as per his/ her wish and particularly not to wrong hands. A will is a document whereby a..

Posted in articles |   2 comments |   392 Views


Land Reforms and Administration

Land reforms in India Land reforms aimed at re-distributing of ownership of lands and optimum utilization of land. It also dealt the rights, duties, obligations of th..

Posted in articles |   1 comments |   790 Views


Government proposes to abolish stamp duty on affordable homes soon

Affordable houses may soon be exempted from stamp duty, which varies between 4% and 8% of the transaction value. The Ministry of Urban Development and Housing has made an effort to convince the state government for excluding the stamp duty levied on affordable housing. Since, stamp duty falls under the state list and the responsibi..

Posted in articles |   3 comments |   636 Views


Industry/Allottee has no right to be impleaded as a party in the compensation matter

Industry / Allotee cannot be participant in a legal dispute if the landowner moves court seeking enhancement of compensation for the property. The mere fact that the Government chooses to determine the allotment price with reference to compensation price determined by the court does not provide any locus to an allo..

Posted in articles |   238 Views


Tri partite agreement and enforcement of security aspects

'Tri-Party Agreement'- A tri-party agreement is a business agreement between three separate parties. In mortgage industry, a contract involving the buyer, the primary lender plus a construction lender is called Tri-Party agreement. This type of contract is commonly used to secure bridge loans or if the proj..

Posted in articles |   2434 Views


The Real Estate Act is a game changer - 6 things to know about it

FEELING TRAPPED? 6 ways in which the Real Estate Act will protect you. The Real Estate Act comes into force in 2016 and makes sev..

Posted in articles |   2 comments |   563 Views


Benami Transactions (Prohibition) Amendment Act, 2016

Literally, Benami means “without name”. The Benami transactions are those transactions in which the real beneficiary is not the person in whose name the transaction {particularly purchase of property} has been done.  In simple terms, the property is held by one person but amount for it is provided by another. The real owner is hidden and this defrau..

Posted in articles |   854 Views


The Benami transactions (prohibition) amendment act - Nutshell

Object: To define benami transaction To establish adjudicati..

Posted in articles |   6 comments |   914 Views


No Sale by Owner, Clouded Title

A large number of cases are coming forward wherein a document is registered on the basis of the notarized Power of Attorney. The idea behind transactions on the basis of the notarized power of attorney is to avoid the stamp duty, which later on becomes a noose for everyone. Now since the second document is being registered on the basis of the notarized Power of atto..

Posted in articles |   3 comments |   749 Views


Am I a prudent buyer?

With the rise in the price of the property or getting a good price of the property, the unscrupulous sellers are selling their property to the multiple buyers. The common practice prevailing these days is that the seller enters into an agreement to sell with the first buyer and within the period of the execution of the agreement to sell, the seller gets the sale ..

Posted in articles |   7 comments |   447 Views


For acquiring land by Government Authorities they have to acquire land within a reasonable time

For acquiring land by Government Authorities like, MUDA, BDA, or similar authorities, they have to acquire land within a reasonable time from the date of issue of notification. Otherwise, such notifications can be quashed and declaratory relief can be obtained   ..

Posted in articles |   2 comments |   580 Views


All that you would like to know about the RDDP 2034

All that you would like to know about the Proposed Greater Mumbai Revised Draft Development Plan 2034 (RDDP 2034)   The Revised Draft Development Plan 2034 (RDDP) is an OLD WINE IN A NEW BOTTLE with some added flavors and blends. p style="text-align: justif..

Posted in articles |   2157 Views




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