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Complete Guide on Society Conveyance Deed

Complete Guide on Society Conveyance Deed

The necessity of conveyance deed: Even if you own a flat, you do not own the land or the building. As a result, if the building collapses, you will need the permission of the builder or the landowner to rebuild it. Again, because he is the legal owner and holds the Title Deeds to the property, the builder/landlord may mortgage the property you acquired, i.e. land and building, unless you obtain land conveyance. If the building is later redevelope... Read More

Post By Bhupender Tanwar

What is a Possession Certificate?

What is a Possession Certificate?

Documents required: You need to produce the following documents in order to get the Possession Certificate-Certificate of encumbranceCopy of sale deed agreementCopy of registered sale agreementThe Identification and signature proof of the applicant What is a conditional possession certificate?Even though an individual sometimes has accepted the possession of the property, he or she may not be satisfied with the condition of the property. It coul... Read More

Post By Advocate SARVESH ROY

Complete Guide on Succession Act

Complete Guide on Succession Act

Probate: Probate is defined as the process of proving the validity of a will. Only the High Courts of the former presidential cities of Mumbai, Kolkata, and Chennai require probate. Except in the jurisdictions of Mumbai, Kolkata, and Chennai, probate is not required in other areasThe burden of proof is on the propounder, according to the Supreme Court in K Laxmanan vs Thekkayil Padmini & Ors (2009 AIR SCW 10) He must demonstrate the legality ... Read More

Post By Advocate Osheen Chawla

What is a Power of Attorney?

What is a Power of Attorney?

A durable Power of Attorney- it is also known as Irrevocable Power of Attorney in which a deed document cannot be changed in the future. A durable POA deed usually performed for the elderly or anyone expecting illness in the future. This type of POA is irrevocable in nature. This POA document created by the principal to authorize the agent with all its power which will remain with him even after the principal passes away or suffers from any menta... Read More

Post By Advocate Ashish Jain

Distribution of Property if there is no Will

Distribution of Property if there is no Will

Muslim Law of Succession: Non –testamentary inheritance of property takes place only after the death of the person and any child born into a Muslim family does not inherit property right after his birth. There are 12 shares in the property and the share of each person may vary under certain circumstances. These sharers are-HusbandWifeDaughterDaughter of a son or son’s son or son’s son’s son and so onFatherPaternal grandfatherMotherGrandmo... Read More

Post By Bhupender Tanwar

What is the Supreme Court Latest Judgment on Property Rights of Daughter

What is the Supreme Court Latest Judgment on Property Rights of Daughter

The exclusive prerogative of males to be coparceners had been changed by the Hindu Succession (Amendment) Act 2005. By this Act, Hindu daughters were also conferred with the coparcenary rights in the property on par with sons. As the coparcenary rights are rights from birth, a daughter had also been conferred with the birthright to the Joint Family Property. Before the amendment, a daughter was not entitled to get a share in her father's property... Read More

Post By Preeti Tanwar

Why was RERA introduced

Why was RERA introduced

Housing is one of the basic needs of humans. Among other basic human rights such as, safety, education, food and social security, it is also necessary that focus be put on providing a safe, secure and adequate housing facilities. With the same approach the right of housing has been recognized as a right of an individual under the international human rights law. The same right has been recognized by the Supreme Court of India in various cases as a... Read More

Post By Advocate Uday Bedi

Complete Guide on your Property Rights

Complete Guide on your Property Rights

In a layman’s language, the terms ‘ownership’ and ‘possession’ often get confusing. People usually think both these terms mean the same when actually there is a major difference between the two. While ownership means having exclusive rights, which together are known as a title, and control over one’s property; possession refers ‘to have’ or ‘to occupy’ anything or any object so as to control, and sometimes, use it.For the owne... Read More

Post By Advocate Diggaj Pathak

Complete Guide on Legal Rights for the Tenants

Complete Guide on Legal Rights for the Tenants

In pursuance of knowing the legal rights of tenants in India, one should first briefly be aware about how tenancy is governed under the Indian Laws.In India, the Rental Agreements govern the tenant-landlord relationship which is formally called as the ‘lessee-lessor’ relationship. The one who transfers the property is called as the ‘landlord’ and the one to whom the property gets transferred is called as the ‘tenant’. There are two ty... Read More

Post By Simran Sethi

Complete Guide on Property Partitions Laws in India

Complete Guide on Property Partitions Laws in India

Partition is a term used in law to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. Under the common law, any owner of the property who owns an undivided concurrent interest in the land can seek such a division. In India, partition of the property is guided by The Indian Succession Act, 1925; The Partition Act, 1893 and separ... Read More

Post By Simran Sethi

Why a Power of Attorney is Necessary?

Why a Power of Attorney is Necessary?

Power of Attorney is a legal document which gives the power to one person to act for another. The person who is issuing the Power of Attorney is the Principal, whereas to whom the Principal is issuing it, is the Attorney.By the power of attorney, the Principal gives the power to the Attorney to do all acts, or appear and do the signature on all relevant documents only on the behalf of the Principal.A power of attorney can be registered or unregis... Read More

Post By Adv. Shimpy Arman Sharma

Complete guide on Succession Certificate in India

Complete guide on Succession Certificate in India

When someone dies without leaving a will, a Succession Certificate is granted to their successors to establish the authenticity to the legal heirs. This certificate includes the whole lists of assets, debts and securities of the deceased who died intestate. Moreover, the date, time and place of the death of the deceased is also mentioned in this certificate. Assets such as Mutual Funds, Pension, Retirement benefits and insurance may be included i... Read More

Post By Adv. Munish Malik

How to protect yourself from property disputes in India?

How to protect yourself from property disputes in India?

Property dispute as the name suggests is a legal disagreement related to property in India. These disputes have clogged the judicial system of the country and around 66% of the total cases are property litigation. Cupidity is a great leveller so wars over wealth take place across every level. Legislative factors are responsible for the high level of land-related disputes, and the judiciary is responsible for its pendency. Dispute pertaining to a ... Read More

Post By Adv. Shimpy Arman Sharma

How can approaching NCLT for builder scams help?

How can approaching NCLT for builder scams help?

NCLT has come out as a convenient option to resolve builder dispute matters nowadays. With the help of these questions, let us understand how National Company Law Tribunal be useful with delay in possession or any other builder dispute matters.1. What is the role of NCLT? Established under Article 245 of the Constitution of India by an order of Supreme Court, the NCLT functions as a quasi-judicial authority for cases concerning corporat... Read More

Post By Shivangi Bajpai

Partition through family settlement and its procedure

Partition through family settlement and its procedure

It is very common for family members to have disputes among them concerning property which could often lead to hostility. Despite the nature of the property being self-acquired or inherited, any conflict of interest pertaining to property can lead to controversy and indelible problems. However, by working with a legal professional with considerable experience in family property disputes, one stands a fair chance to resolve the dispute quickly and... Read More

Post By Advocate Aman inani

Delay in property possession and remedy under NCLT

Delay in property possession and remedy under NCLT

Rights of home-buyers under IBC: After a three judge bench upheld the constitutionality of the amendment introduced to IBC under section 5(8)(f), the status of home-buyers as financial creditors was formally concertized. At present, rights of home-buyers under IBC are as follows: 1. Introduction of an additional platform for grievance redressal: With the amendment, the home-buyers can now seek legal action under any of the three la... Read More

Post By Shivangi Bajpai

Property Partition Laws in India

Property Partition Laws in India

Mr Lal and his brother used to manage the ancestral property of their parents. They are both now deceased without making a proper will or transfer of property. Mr Lal’s son now wants to sell his share in the ancestral land but, his cousin strongly objects to the same. In such a case, he will now have to file a partition suit in the Civil Court. Land disputes in India are much complicated and it is often seen to prolong for years at a stret... Read More

Post By Adv. Jai Dixit

What are the methods home buyers can use to take legal action against builders for delay in possession?

What are the methods home buyers can use to take legal action against builders for delay in possession?

Delay in possession by builders is becoming an important issue these days. Project delays are common whenever there is a slowdown in the real-estate market. Up to 2 years of delay in property possession is commonly seen now in the real estate industry. However, builders still don’t refrain from over-committing and giving aggressive completion dates in agreements. But, should a home buyer just be a mute spectator to this entire delay episode? Wh... Read More

Post By Vishal Kumar

A complete guide to will drafting

A complete guide to will drafting

What is a will?In simple words, a will is a legally binding agreement of your wish to distribute your assets amongst your family and friends as you desire. Without a will, the assets of an individual are distributed according to the inheritance laws (which vary in different religions). A will allows you to distribute your assets between the people you want to, irrespective of your family ties. How to make a will?Designing a will is not a ver... Read More

Post By Shreya Mintri

How can RERA protect homebuyers?

How can RERA protect homebuyers?

Major Benefits of choosing RERAStandardized Carpet Area: Carpet Area has been a concern for most homebuyers as earlier to RERA it wasn’t standardized due to which different builders could claim different carpet areas for the same flat.Maharashtra RERA chairman, Gautam Chatterjee, describes that “It is now mandatory for the developers of all ongoing projects, to disclose the size of their apartments, on the basis of carpet area (i.e., the are... Read More

Post By Advocate Gopal Bose

What is Limitation Act 1963?

What is Limitation Act 1963?

The Limitation Act, 1963 is the Act governed a time period in which a person can file a suit to sue another to get justice. If the suit is filed after the expiration of time period as specified in this limitation act, thus, it will be bared or cannot be maintained in a court. It also includes provisions for condonation, delay etc. The Limitation Law was firstly established in 1859 which came into exist in 1862. The law of limitation develope... Read More

Post By Kumkum Sharma

How to Solve Property Dispute in India?

How to Solve Property Dispute in India?

One of the major drawbacks of being an NRI is living away from home. This is not only a drawback in an emotional sense, but also in a legal sense. Time and again, NRIs across the globe have faced many kinds of property disputes such as illegal possession, tenant disputes, illegal sale of their hard earned property and various other issues. Further, NRIs often have to deal with issues regarding ownership or status of their property title,... Read More

Post By Sankul Nagpal

What is RERA Act?

What is RERA Act?

These include  1. The original sanctioned plan, layout plan, and specifications and the subsequent modifications carried out, if any, including the existing sanctioned plan, layout plan, and specifications,2. The total amount of money collected from the allottees and the total amount of money used for the development of the project including the total amount of balance money lying with the promoter,3. Status of the project (extent of develop... Read More

Post By Sankul Nagpal

Complete guide on allotment letter and agreement for sale.

Complete guide on allotment letter and agreement for sale.

 The real estate business is an ever-growing and ever-expanding sector in India. And with new players coming into the business each day, the diverse options and alluring projects can take a toll on your hard-earned money if you are not careful. The purchase of property in India can prove to be a monetary disaster if you are unaware of the correct legal procedure to be followed. Thousands of homebuyers in India experience the disaster of dela... Read More

Post By Sankul Nagpal

When can I start claiming rent from my builder due to delay in handing over the possession of my property?

When can I start claiming rent from my builder due to delay in handing over the possession of my property?

Ongoing delay in possession of the house is one of the worst nightmares of a buyer, but what if it actually comes true? A property buyer, who invests his hard-earned money in buying a home and does not get its possession on time, not only fails to get a roof over his/her head but also ends up losing money, in the form of EMIs on the home loan and paying for a rented accommodation. Moreover, the buyer may also have to wage a long and tedious... Read More

Post By Barbie Duggal

What steps are taken by Indian Government for Cheque Bounce?

What steps are taken by Indian Government for Cheque Bounce?

What steps are taken by Indian government for cheque bounce?  There are various steps taken by the government for check bounces. In the age of netbanking, businesses across India use cheques, including post-dated ones, to make and receive payments from vendors, suppliers and customers. In some cases, such cheques bounce and the matter ends up in court. It is easy for the drawer of a dishonoured cheque to file an appeal and obta... Read More

Post By admin

What is the procedure for sending legal notice? Can I send when a cheque is bounced?

What is the procedure for sending legal notice? Can I send when a cheque is bounced?

Yes, you can send a legal notice when the cheque is bounced. Seek services from a lawyer to send a notice on your behalf or you can send a notice yourself to the person who gave you the cheque and call for action, failing which you will take legal action against him / her.To send a legal notice for cheque bounce means taking a legal action against the person who has issued a cheque that was ... Read More

Post By admin

What is the frame in which a cheque bounce case is resolved in India under section 138?

What is the frame in which a cheque bounce case is resolved in India under section 138?

What is the frame in which a cheque bounce case is resolved in India under section 138? What is a check? A “cheque” is a bill of exchange drawn on a  specified banker and not expressed to be payable otherwise than on demand and it includes the  electronic image of a truncated cheque and a cheque in the electronic form. What is a Bounced Check? A bounced check is slang for a check t... Read More

Post By admin

What are the key points to remember when drafting a legal notice?

What are the key points to remember when drafting a legal notice?

What are the key points to remember when drafting a legal notice? A “Legal Notice”  is a notice indicating your opponent that you are preparing to litigate a lawsuit against him in case the so called demand is not fulfilled. A Legal notice is a formal written document sent by a person or an entity with respect to some grievance. It is sent as a warning to the receiver that the one sending the notice have certain grievance... Read More

Post By admin

What are the main reasons for disputes in a family?

What are the main reasons for disputes in a family?

Legality involved in property settlement: To make the partition deed valid it is important to make it in writing and needs to be registered along with the signature of all the family members who have claim over the property. If any member’s signature is not there then in the future the share or partition can be challenged. Two witnesses also required as a safety measure and as proof of the partition, it is although not mandatory to attest to th... Read More

Post By Bhupender Tanwar

How do I file a consumer complaint against a builder for delayed possession?

How do I file a consumer complaint against a builder for delayed possession?

The delay in possession is a scenario that is on the increase. Many of them have similar grievances such as delay in possession of their property, mute responses from the developer, unfinished projects due to litigation issues, absconding builders, poor quality construction so on and so forth.A property buyer, who invests his hard-earned money in buying a home and does not get its possession on time, not only fails to get a roof over his/her head... Read More

Post By admin

Complete Guide on Benami Transaction Act

Complete Guide on Benami Transaction Act

The scope of this law can be divided into 4 categories:Suits filed before the Act came into force by the real owner or the plaintiff.Suits filed after the Act came into force by the real owner or the plaintiff.Suits filed before the Act came into force by the Benami/ ostensible owner or someone else and the real owner or someone else is the defendant.Suits based on Benami transactions that have been filed by the Benami/ ostensible owner or someon... Read More

Post By Adv. Kishan

Distribution of Property Among Heirs of Female Hindu

Distribution of Property Among Heirs of Female Hindu

<p class="MsoNormal"><span style="font-size:14.0pt;line-height:115%;font-family: &quot;Times New Roman&quot;,serif">In ancient times women had no right over the property or we can say any immovable property. Owner of the property was always a male member of the family when the owner died then the property was transferred to other male members like husband or son but not to any female member. As from the ea... Read More

Post By admin

How to deal with wrongful possession of property?

How to deal with wrongful possession of property?

Cases of wrongful/illegal possessions are very common these days. Many innocent and rightful owners of the property are suffering due to such illegal activities and are unable to get back the possession. The reason for this could be the lack of awareness, or they just don’t want any further problems than they are already facing due to the lethargic process of law and other concerns. This matter comes under the domain of property disputes w... Read More

Post By Sankul Nagpal

Compliance of broker under real estate regulation act, 2017

Compliance of broker under real estate regulation act, 2017

INTRODUCTION: Real Estate industry saw a boost in the past few years and along with that growth, a new problem arose where many cases were registered for the loss being suffered by the aggrieved buyers. Seeing this government came up with a solution and enacted the real estate (development & regulation act) 2016. RERA has been enacted specifically to deal with the real estate sector. The main objectives of RERA is regulation and promotion ... Read More

Post By Barbie Duggal

What are the documents to check before buying property?

What are the documents to check before buying property?

Property plays an important part in an individual’s life. It is not just synonymous with a shelter but also serves as a source of economic security and investment option. Purchase of property in India can, however, prove to be a monetary disaster if you are unaware of the correct legal procedure to be followed. Thousands of home buyers in India experience the disaster of delayed possession and face mental agony as well as monetary loss.In order... Read More

Post By Sankul Nagpal

What is rental agreement?

What is rental agreement?

Renting out any property and other immovable assets is a major source of additional income for most of the people. With income in the form of rent, one can be assured of financial stability at all times.Rental income in India arises out of an agreement between the parties knows as the Rent Agreement. However, to ensure a smooth and hassle-free rental income the rent agreement must be drafted carefully. The rent agreement has to be registered mand... Read More

Post By Sankul Nagpal

How to file a case under RERA?

How to file a case under RERA?

The real estate business is an ever-growing and ever-expanding sector in India. With new players coming into the business each day, the diverse options and alluring projects can take a toll on your hard-earned money if you are not careful.However, to protect the buyer’s interest, enhancing professionalism and ensuring transparency in the real estate sector The Real Estate (Regulation and Development) Act, 2016 was passed.The enactment... Read More

Post By Adv. Prema K.

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LAWYER SERVICE FOR PROPERTY POSSESSION DELAY

It is seen that real estate developers and builders delay the delivery of projects by months to years at a stretch. This results in monetary loss and mental harassment for buyers.

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LEGAL SERVICES FOR RECOVERY OF MONEY

Partnership firms, proprietorship firms, companies, traders, individuals and others can file a suit for recovery of their unpaid bills, business dues or payments where there is any form of written contract/agreement formed between the parties.

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Legal Consultation for Marriage Registration From Expert Lawyers in India

If you are married, might as well get it official! A marriage certificate is an official declaration of marriage. Earlier, it was not mandatory to register your marriage in India but since 2006, Hon’ble Supreme Court made it mandatory for the spouses to register their marriage.

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