Posts Tagged ‘Property’

Real Estate Property Lawyer – dispute, Delhi, India

Thursday, October 6th, 2011

Due to the boom in real estate in India, prices of the properties has been increased significantly. The real estate sector in India has a significant role in the country’s economy. In terms of employment generation and gross domestic product (GDP), the real estate sector is second only to agriculture. The major real estate development has been in Housing sector which is almost 80%. The Real estate role in GDP is expected to rise to 6%.

Due to these kinds of developments, there is increase in legal issues in real estate sector whether it is acquisition, Wills, Trusts, Shared Ownership and Property Dispute.

We provide legal services for real estate issues / disputes in India. Over the years we have mantained network of lawyers / advocates who assist in property related matter all over in India. We understand the needs of people on the intricacies of today’s property industry. Not every person has the same requriements or understanding of the Indian legal process.

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Please feel free to get in touch with our lawyers and advocates for real estate issues / property disputes in India.
Our network of lawyers can provide your legal services in the following areas:

acquisition and sale of property(commercial or residential)
Shared Ownership
Contract
Wills, Trusts and Probate
Property Dispute & Property Litigation
Property Finance
Landlord and Tenant
Property Investment
Property Development
Investment Property Management
Planning
Banking Security and Advisory Work

Residential and commercial real estate disputes can affect virtually every type of person or entity involved in a real estate transaction. Property owners, homeowners, homebuyers, landlords, tenants, real estate developers, contractors, business owners and many others can become embroiled in real estate disputes.

Our attorneys have more than 14 years of experience handling commercial real estate matters. With this significant experience, we can readily and swiftly attend to any real estate dispute on behalf of our clients.

Our firm can aggressively assist you in resolving any legal dispute that arises involving a real estate property. We are here to protect your interests and your bottom line. When real estate is concerned, the bottom line in a real estate dispute can be substantial.

 

 

Agricultural Land / property Purchasing in Bangalore Law Information

Monday, January 3rd, 2011

Before purchasing any sites especially agriculture land for non agriculture purpose approval under relevant laws viz. Karnataka Land Reforms Act, 1961, the Karnataka Land Revenue Act, 1964 along rules and other provisions of law is must. And Bangalore Metropolitan Regional development Authority (BMRDA) is regulating authority to approve layouts on outskirts of Bangalore.
Clear title and documentation are hard to come by with agricultural land of Bangalore (Karnataka). The following is a useful checklist of documents for review by a Bangalore law firm / lawyer before purchasing Agricultural land:
Mother deed and sale deed: It is very important document to trace the ownership of agriculture land. And it is basic document that shows how the property at the commencement was acquired there after there will be series of transactions such as sale gift law in Bangalore etc.   

Akarbandi: Land topography sketch issued by State Revenue Authority viz. survey department. It establishes the survey number and to whom the particular survey number was originally allotted and the land / property revenue assessment details. 

Encumbrance Certificate: Certificate from State Revenue Authority stating that there is no lien on the land / property (Has to be obtained for the last 30 years)

Family Tree of the vendor: State Revenue Authority document required to ascertain whether other family members have a stake in the property

Saguvali Chit: It is also called Grant Certificate. This is issued on Form No..VII in case of grant of Govt. land to the eligible persons for cultivation. This establishes title of the persons in the Saguvali Chit to the land granted.
Conversion Order: Conversion certificate has to be obtained for non agriculture purpose & that has to be checked to determine whether it is DC converted or not. 
Khata and up to date Tax-paid receipts: Khata in Form MAR 19 (issued prior to 19. 05.2003) along up to date Tax-paid receipts.
Land Acquisition Status: Endorsements from State Revenue Authority certifying the Govt. acquisition status for the property for instance Notification by B.D.A. or KIADB for acquisition.

Mutation Extracts: History of changes in ownership (for 30 years) as documented in the Khatha Certificates issued by the State Revenue Authority. This is an extract from the mutation register maintained by the village property accountant.

NIL Tenancy Certificate/Form No.7 Endorsement: State Revenue Authority certification stating whether the land has any tenants. This issued by the Tasildar. This endorsement certifies that there no tenancy cases pending in respect of property in question as per the KLR act 1961.    

Podi Extracts: Property partition document among siblings if any.

Property Tax Paid Receipt: Latest tax receipt validating that the property tax status is current.

RTC (Record of Rights) / Phani: This is primary record issued by the villager Accountant. It contains details of Survey number, total extent of land property, names of the owner including details as to conversion of land from agriculture to non- agriculture property. (has to be obtained for the last 30 years as per Bangalore law)
Section 79A & B endorsement U/KLR Act, 1961: These are issued by Tahsildar. These endorsement certifies that there no cases pending against the person owning the agriculture land / property.
Village Survey Map: Land location sketch
Patta Book: This book contains information regarding the payment of land revenue and other Govt. dues & information of cultivation. And also contains a copy of the record of rights to the land / property situated in Bangalore.
Tippani:  This issued by the Survey Dept. It shows a sketch of the land as the records of the survey Dept.
Comprehensive Development Plan (CDP), Zonal Regulation Map and Survey Map. Apart from the above property should not come within the Green Belt Area.

Legal Services For Property Disputes

Sunday, August 8th, 2010

The quest for more living space these days means making more efficient use of the sites available space in which to extend or develop. This invariably means building right up to the properties boundary line in many cases.
Most disputes that occur between landlords and tenants fall into one of two categories. On the one hand, we have fabricated squabbles between “con-artist tenants” and/or “rogue landlords”; on the other are legitimate disputes between two honest parties.
Let me tell you one thing that the land disputes are the biggest threat for your peaceful life. One such problem is the landlord tenant factor. Let me tell you one thing that the landlord can question tenant and the tenant can also question landlord. But the winner will be only one.
It is also useful in resolving any disputes you may have with contractors or vendors. Before hiring be sure to have a copy of the liability and workmen’s compensation insurance policy’s verified. There are limitations to small claims court. Although you do not need a lawyer there are limits to the dollar amount of the claim.
While all these factors may point to an abandoned rental property, landlords need to know their local rental codes before attempting to reclaim the property. Some states have particular laws and procedures for determining the abandonment of a rental unit.
When talking about saving on property taxes, you can’t have a general advice as rules and regulations differ in different countries. However, by reading and understanding your local laws (especially the valuation method) you can save a considerable amount.
Keep a copy of their license and be sure to have a copy of there general liability insurance and workmen’s compensation on file. Pay attention to dates and be sure the license and insurances are current. REMEMBER if the contractor is not insured then you are the insurer.
Remember that it’s the Building Contractor (not the Owner or the Architect) who represent themselves as the expert on erecting buildings. Therefore it’s never a good idea to tell the Building Contractor how to build the building instead we instruct the builder as to the desired result to be achieved, not how to achieve it.
Using a small earnest money deposit is another way to protect yourself. If you have little earnest money at stake, you have little money you can lose if you default on the deal.
The government stringent regulations or rules and laws dictate strict building tolerance levels. For example, what should be the distance between a well and the septic tank system, where the decks and extensions have to end, then where the utilities such as sewer pipes, water supply and electrical conduits to be located.
If an agreement involves complicated legal language, you may want to hire India Legal services to have all the provisions reviewed before you sign. Insist on receiving a copy of the signed document.
If one party ‘takes it upon themselves’ to prepare the real estate contract, it is very likely that they will strongly bias it in their own favour – to your detriment. Of course, there are instances when your transaction is only one of many the other party handles.

Canadian Matrimonial Property Law

Saturday, June 26th, 2010

While mostly weddings are considered to be the alliances of hearts and souls, every wedding also has a legal background, changes in rights and most important changes in property. In Canada the Matrimonial Property is described as property owned by one or both of married spouses. Needles to say that property and child support are the two most argued problems during a usual divorce so in this article we will write about Matrimonial Property Law in Canada. It was initially established that after the marriage the property becomes common, but during a long period of the development and creation if the Common Law only the husband had the rights to manage the matrimonial property. But with time, when the legal definition and status of the family changed, women also obtained the right to manage property and naturally that brought in some additional legal rules.

While there are numerous differences Matrimonial property law in each province and territory has some general things in common. This law defines what things are considered matrimonial property, applies to spouses automatically upon marriage, says whether or not matrimonial property rights apply to common-law couples in the same way as married couples, describes rights and interests during marriage (or a common-law relationship, depending on the province or territory), describes how to divide matrimonial property upon marriage breakdown, provides for the enforcement of agreements regarding matrimonial property, provides special rights in regard to the family home. Also in different cases the spouses can ask the court for following matrimonial property decisions and protections: an order for temporary or permanent possession of the family home, permission to sell the family home in order to divide the sale price between the spouses, an order preventing the sale of the family home without the consent of both spouses, protection against a spouse unreasonably disposing matrimonial property, such as cash in a joint bank account.

The four western Canadian provinces still keep the Dower Act, this act is a very old spouse protection mechanism. It guarantees the widow a third of the matrimonial property, if no adultery was committed by her during the marriage. Also the western provinces keep the “homestead legislation”, it prohibits the sale of the family home without the consent of the wife and a number of other acts that protect the family home. So as you see the joint property is a very serious thing and it is accordingly regulated by various laws. Various provinces have various laws and legislations concerning this type of property and there are numerous cases that can be examined during the case when the property is divided. There is a good movie The War of The Roses that shows a huge complexity of the Matrimonial Property during a divorce. There is a spectacular scene, when Danny De Vito (who plays the family lawyer) throws a huge book on the table, with the words “I found a similar case”. So if you need to solve a property issue with your ex-wife don’t even start discussing it without a lawyer. Also a marriage contract that regulates the property in case of a divorce is a good solution, we already wrote about these documents so you can just search our blog for all the details.

Dispute Resolution
  • we use this dispute resolution firm for all our law cases.
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