Blogs

Navigating the intricate world of property inheritance can often be a daunting task, especially when it comes to immovable property. In such cases, an Heirship Certificate becomes a crucial document that can provide clarity and legal security to rightful heirs. But what exactly is an Heirship Certificate, and why is it so important? Who is eligible to obtain one, and what is the process involved? Furthermore, what are the necessary documents that... Read More

The transfer of property to legal heirs involves a structured process that requires careful attention to detail and compliance with legal regulations. From obtaining the necessary documentation to navigating the intricate legal procedures, the transfer of property to legal heirs demands meticulous planning and execution. In this informative blog post, we will walk you through the step-by-step procedure for transferring property to legal heirs, en... Read More

Occasionally, intestate situations may arise in which a husband passes away without leaving a will, leaving the heirs to deal with the distribution of his estate. In the event of a husband's death, it is crucial to understand the legal procedure for transferring property to the surviving spouse, especially if there are real estate assets involved. There are several important steps and considerations to take into account when navigating the proces... Read More

Ensuring a smooth and legally binding property transfer process is essential for all involved parties. One crucial document that often arises in the context of property transfer is the legal heir certificate. This certificate is a key document that can determine the rightful ownership of a property in the event of the original owner's demise. While the requirement for a legal heir certificate may vary from state to state, it is important to under... Read More

In the realm of inheritance laws, the question of whether married daughters have a share in their father's property has long been a subject of debate and scrutiny in India. Over the years, this issue has witnessed significant developments, with various legal provisions and court judgments shaping the rights of married daughters. Understanding the historical context, the Hindu Succession Act, the amendment of 2005, and the Supreme Court's pronounc... Read More

Power of Attorney is a legal document that grants someone the authority to act on behalf of another person in various matters. In Navi Mumbai, the Power of Attorney holds significant importance, especially when it comes to property transactions, financial dealings, or even healthcare decisions. Understanding the types of Power of Attorneys available, the process of creating one, and the essential documents required is crucial to ensure a smooth a... Read More

The legal intricacies of Power of Attorney (POA) in Thane, a bustling metropolitan city in Maharashtra, India, are a multifaceted topic of critical importance. This legal instrument, which grants one person the right to act on behalf of another, has far-reaching implications in business transactions, personal matters, and particularly in property management. Given the city's rapid urbanisation and the increasing number of non-resident Indians wit... Read More

In the dynamic realm of real estate transactions, the concept of Power of Attorney (PoA) serves as a crucial mechanism, particularly in the bustling city of Bangalore. As a legal instrument, a PoA provides a person, the attorney, with the authority to act on behalf of another, the principal, in matters of property registration. In light of the extensive property market in Bangalore, understanding the intricacies of the Power of Attorney for prope... Read More

This article considers siblings’ entitlement to self-acquired property and the elements that warrant a brother’s demand on those possessions. Moreover, we shall also discuss the legality surrounding succession of self developed properties among siblings and give insights about the privileges entitled to married daughters. Finally, we shall examine the effects of ancestral property as it relates to the right of a brother. We shall also delve i... Read More

In several societies, the transfer of property rights from mothers to daughters has actually long been a subject of debate & contention. This article explores the historical evolution of property rights, taking a look at the lawful frameworks & social perspectives that shape the rights of mothers. Furthermore, it discovers the implications of these rights on inheritance, considering the impact of gender roles on property distribution. Via an obje... Read More

A non listed sale agreement describes a contract or document that outlines the terms of a sale transaction for an immovable property. This agreement might consist of clauses relating to the price, payment schedule, consideration, & any various other appropriate provisions agreed upon by the included parties. Nonetheless, it is essential to note that the validity of an unregistered sale agreement goes through specific limitations & require... Read More

"Navigating the Legal Landscape of Property Inheritance in India: Unraveling the Hindu Succession Act of 1956" In the intricate tapestry of Indian legal frameworks, the Hindu Succession Act of 1956 stands as a pivotal document, shaping the contours of property succession and inheritance. Following an individual's demise, the legal machinery of succession is set into motion, guided by the principles encapsulated within this landmark legislation. ... Read More

A gift deed is a legal document that transfers ownership of a property or other valuable asset from one person (the donor or giver) to another (the recipient or donee) without exchanging money. It's essentially a voluntary and gratuitous transfer of property. The gift deed typically outlines the details of the gift, including a description of the property, the names of the donor and donee, and any conditions or restrictions attached to the gift.... Read More

In this article, we will explore the process of obtaining a mutation certificate from KMC (Kolkata Municipal Corporation) in a simplified and efficient manner. A mutation certificate is essential for any property owner in Kolkata, whether it be for transfer of ownership, inheritance, or any other changes in property details. We will outline the types of mutations, the required documents, and both online and offline processes available, ensuring a... Read More

In a world where bureaucratic processes often hinder progress, the digital age brings a glimmer of hope. With the ability to mutate property online in Delhi, property owners can now navigate the convoluted system with ease. This article serves as a comprehensive guide, outlining the benefits, step-by-step instructions, required documents, and common challenges faced during the online property mutation process. Embrace the freedom of technology an... Read More

Are you planning to sell a property? Before you jump into the process, it's important to understand which registration is required. In this article, we will guide you through the necessary steps and documents needed for property registration. By familiarizing yourself with the regulations, you can ensure a smooth and legally compliant selling process. So, let's dive in and discover the essential information you need to know about property registr... Read More

Are you curious about the intricacies of a conveyance deed of society? Delve into this article to unravel the significance and execution of this crucial legal document. With a precise and authoritative approach, we will explore the purpose, required documentation, and the comparison with deemed conveyance. Through technical language and a professional tone, this article aims to provide you with the control and understanding you seek in matters re... Read More

In an era of ever-evolving legal jargon, the concept of a relinquishment deed stands as a testament to the complexities of property transfers. This article aims to unravel the meaning behind this enigmatic document, shedding light on its definition, purpose, and significance. Delving into the intricacies of its creation, revocation, and registration process, we will also explore the challenges and differences that arise when dealing with relinqui... Read More

In today's digital age, obtaining a mutation certificate has become more convenient than ever before. Imagine a seamless and efficient process that allows you to acquire this essential document online, saving you time and effort. This article aims to guide you through the steps necessary to obtain a mutation certificate online, providing you with the necessary information, required documents, and applicable fees. Join us as we explore the straigh... Read More

A conveyance deed is a legal document used in real estate transactions to transfer property ownership from one party to another. It is also known as a property deed or a transfer deed. This document is critical to the property transfer process and helps establish legal ownership. A conveyance deed is a legal document used to transfer the property title from one person to another as a gift, an exchange, a lease, a mortgage, etc. A gift deed, mort... Read More

Discover the hidden cornerstone of property transactions: the Schedule of Property in a Sale Deed. Often overlooked, yet essential, this technical document serves as the blueprint for outlining the details of a property. By delving into its importance, contents, and legal significance, we unlock the key to understanding the intricacies of property transactions. Prepare to navigate the complexities of the Schedule of Property, as we provide expert... Read More

A sale deed, also known as a conveyance deed, is a legal document used in real estate transactions to transfer ownership of a property from one party to another. It is a critical document in the process of buying or selling real estate. It typically includes the following key elements: Details of Parties: The sale deed identifies the seller (the current owner) and the buyer (the new owner) of the property. It includes their names, addresses, ... Read More

Are you in need of a certified copy of your sale deed? Look no further! This article will guide you through the process of obtaining a certified copy in a simple and organized manner. From understanding its importance to knowing the required documents and eligibility criteria, we've got you covered. So, let's dive in and ensure that you have all the necessary information to get your certified copy of the sale deed hassle-free. Key Takeaways A... Read More

What is deemed conveyance?  Many land or flat owners need clarification on a Conveyance Deed and Deemed Conveyance and which one of these two applies to them or the legal body such as a Co-operative Housing Society. One main difference between the two is whether the Promoter or builder is willing to cooperate with the flat owners or CHS. A deemed conveyance can be summarized as transferring the housing society's right, title, and interest in th... Read More

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 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

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

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

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. /* Define the styles for the glowing button */ .glow-button-container { display: flex; justify-content: center; } .glow-bu... Read More

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

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

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

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

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

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 earlier time women were considered as the property of men and also they were treated as slaves. Women had no power and no property. /* Define the styl... Read More

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

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

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

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

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 of The ... Read More