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WHAT IS A CONVEYANCE DEED? WHY IS IT IMPORTANT?

WHAT IS A CONVEYANCE DEED?
When a residential building is constructed on a piece of land, it is owned by the builder or the builder has developed it for the land owner with developments rights. Once a minimum of 60% flats in the project are sold, as per MOFA-1963, the builder is expected to form a housing society or association of apartment of these flat owners and hand over the entire ownership of the land, the construction on it and other amenities, if any, to the society. With this, the ownership record of the land or the 7/12 extract of the revenue department, bears the name of the housing society and the name of builder or previous owner is removed. This transfer of rights is called execution of the conveyance deed and, with it, the role of the builder comes to an end.

WHY IS IT IMPORTANT?

A cooperative housing society is registered if it has a minimum of 10 flats. The conveyance deed is not issued in the name of an individual. A flat owner while buying a flat from a builder takes only a purchase agreement. He/she thinks that he/she owns the flat as well as the land on which the housing scheme stands, but that is not the case. The housing society members should have a conveyance deed to be the legal owners of the land, otherwise the builder continues to be the legal owner of the land and can sell it. Such transfer of rights is required if some changes like construction or removal of some property is to be done within the society or for some space or infrastructure is to be rented or the building is to be reconstructed. If the society loses some of its land in road widening, it can get additional floor space index and can undertake additional construction.

VED LEGAL SPECIALIZED FOR DEEMED CONVEYANCE.

Conveyance, Deemed Conveyance of Co-operative Housing Societies

Conveyance of a Property is transferring the Rights, Title, Interest and Ownership of a Property from the Seller to the buyer. In case of a Co- Operative Housing Society (formed by the Flat Purchasers/ Owners under the provisions of Maharashtra Co- Operative Societies Act, 1960), Conveyance is transferring the Rights, Title, Interest and Ownership of the Land and Building from the Land Owner/ Property Developer to the Co- Operative Housing Society.

We were already working on several cases of a similar kind under the provision of Maharashtra Ownership Flats Act, 1963(MOFA). Nearly 80% of the Co-operative Housing Societies had not received the Conveyance of land and building in their favour from the Builder. The amendments were to be carried out in the Maharashtra Ownership Flats Act, 1963 under the auspices of a Competent Authority to hear the grievances on Conveyance by the Societies or other legal bodies in 2005. The President of India gave the assent on February 25, 2008, and it became the Law of the Land.

In June 2008, the necessary notifications were issued by the Government of Maharashtra designating the District Deputy Registrars of the Co-operative Societies as the Competent Authorities under the MOFA even after a lapse of 18 months cases were accepted by the Competent Authority. Execution & Registration of Conveyance, Deemed Conveyance, Deeds & Agreements etc..

Deemed Conveyance is an Amendment under sub- section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. The following will give you more clarity on what this is all about.

• Deemed Conveyance Amendment is applicable to the Societies that have not received Conveyance from the Land Owners & Property Developers
within 4 Months of their formation.
• The aggrieved Society shall make a Deemed Conveyance Application to the Competent Authority designated by Government of Maharashtra.
• The Deemed Conveyance Application of the Society shall include the Documents notified by Government of Maharashtra for Deemed
Conveyance.
• The Competent Authority shall hear the say of the Land Owners & Property Developers.
• The Competent Authority on satisfaction shall issue the Deemed Conveyance Order & Certificate in favour of the
Aggrieved Society.
• The Competent Authority shall execute the Deemed Conveyance Deed on behalf of the Defaulting Land Owners & Property Developers with the Aggrieved Society.

List of Documents for Deemed Conveyance as under

  • Resolution & Notice to Builder
  • Development Agreement
  • Power of Attorney
  • Layout Plan (Blueprint)
  • Commencement Certificate, if so
  • Completion Certificate, if so
  • 7/12 Extract
  • Search Title Report
  • N.A. Order & U.L.C Order
  • Single copy of an Agreement (First Buyer)
  • All Index- II of all flats/shops
  • Architect Certificate of Area
  • Society Registration Certificate
By |March 31st, 2017|Uncategorized|0 Comments

How to transfer the property from one person to another

Property Law Cases / Property Transfer includes All moveable or immovable Property Claims/Suits.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer Of Property

If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.
Agreements & Contracts

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.

1. Terms for Payment

The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property

The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty

Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed

Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports

A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?

Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits

Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

By |March 29th, 2017|Uncategorized|0 Comments

Company Secretary for registration of Company

Company Secretary Work in Pune

Company secretaries are responsible for ensuring that an organisation complies with standard financial and legal practice and maintains high standards of corporate governance.
Although they are not strictly required to provide legal advice, company secretaries must have a thorough understanding of the laws that affect their areas of work.
Company secretaries hold a strategic position at the heart of governance operations within an organisation and act as a point of communication between the board of directors and company shareholders, reporting in a timely and accurate manner on company procedures and developments.
They can also provide an important link between the board of directors and an organisation’s executive management.
Public limited companies are legally required to employ a company secretary and many private companies also have the role. Positions can be found across all sectors, in the public and not-for-profit sectors in particular.
Alternative job titles may include ‘head of governance’ or ‘head of democratic services’.

Company Secretary Responsibilities
Company secretaries work in and around the board, usually reporting to the chairman. This provides the opportunity to offer advice and guidance on matters of law and governance at the very top of organisations.
The role covers a range of functions, and specific tasks vary depending on the type and size of the company. However, typical activities include:
•organising and preparing agendas and papers for board meetings, committees and annual general meetings (AGMs);
•taking minutes, drafting resolutions, lodging required forms and annual returns with Companies House;
•following up on actions from meetings;
•overseeing policies, making sure they are kept up to date and referred to the appropriate committee for approval;
•maintaining statutory books, including registers of members, directors and secretaries;
•dealing with correspondence, collating information and writing reports, ensuring decisions made are communicated to the relevant company stakeholders;
•contributing to meeting discussions as and when required, and advising members of the legal, governance, accounting and tax implications of proposed policies;
•monitoring changes in relevant legislation and the regulatory environment and taking appropriate action;
•liaising with external regulators and advisers, such as lawyers and auditors;
•taking responsibility for the health and safety of employees and managing matters related to insurance and property;
• developing and overseeing the systems that ensure the company complies with all applicable codes, in addition to its legal and statutory requirements.

The work of a company secretary in a publicly listed company will be more specialised than in a smaller private company. For example, the liaison role with shareholders and compliance responsibilities may make up a major part of the work and can include:
•maintaining the register of shareholders and monitoring changes in share ownership of the company;
•paying dividends and managing share option schemes;
•taking a role in share issues, mergers and takeovers.
In small businesses, other duties commonly undertaken by company secretaries include:
•monitoring the administration of the company’s pension scheme;
•overseeing and renewing insurance cover for employees, equipment and premises;
•entering into contractual agreements with suppliers and customers;
•managing office space and property as well as dealing with personnel administration;
•overseeing public relations and aspects of financial management.

By |March 29th, 2017|Uncategorized|0 Comments

Sale of Immovable Property

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.

1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the  meaning of market value of property?

It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.

Stamp Duty is Paid on the Market Value of the property and not on the amount of  consideration stated in the Document.

2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax . And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence

By |March 29th, 2017|Uncategorized|0 Comments

Lawyers for Divorce by Mutual Consent in Pune

Lawyers for Divorce by Mutual Consent in Pune:-

Ved legal is an expertise team working on issues related to family matters through their Associated Lawyers and Consultants, in the first instance we try to resolve the issues through reconciliation or settlement between the parties. We try to save the relation as it is not just two person who gets separated but two families their children if any.
Effect of divorce a petition for divorce is not like any other commercial suit. A divorce not only affects the parties, their children, if any, and their families but the society also feels its reverberations. Stress should always be on preserving the institution of marriage. That is the requirement of law. The Family Courts should endeavour, in the first instance to effect reconciliation or settlement between the parties. Even where the family courts are not functioning, the objects and principles underlying the constitution of these courts can be kept in view by the Civil Court trying matrimonial causes.

Divorce by Mutual Consent, as the name suggests, means when both Husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honourably court, is known as mutual consent Divorce.

It is the quickest form of divorce in India.

Requirements to be complied with for a Mutual Divorce are:

(a) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.

(b) The parties have failed for any reason whatsoever to live together. In other’ words, no reconciliation or adjustment is possible between them.

(c) The parties have freely consented to the agreement of dissolution of marriage.

(d) The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred.

Process of Mutual Divorce:

In all there are two court appearances in a mutual divorce:

First A joint petition signed by both parties is filed in the concerned family court. The mutual consent divorce petition should contain a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce. This statement also has the agreement to split the assets, custody of children, etc.

Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon’ble Court.

Thirdly The 6 month period is given for reconciliation, (the hon’ble court gives a chance to the couple to change their mind)

Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don’t agree to come together. Then the parties may appear for the second motion for the final hearing.

If the second motion is not made within the period of 18 months, then the court is not bound to pass a decree of divorce by mutual consent. Besides, from the language of the section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

Finally Divorce decree will be granted as the Hon’ble Court may deem fit.

Advantage of Mutual Consent Divorce

Divorce By Mutual consent saves time, money and energy for both the spouses, leaves no room for unnecessary quarrel and most importantly avoids washing your dirty linen in public.

With the increasing number of Divorce applications being filed and the demand for quick divorce increasing, Mutual consent divorce is the best option.

Mutual Consent Divorce between Hindu Couple – Governed by Hindu Marriage Act, 1955

Mutual Consent Divorce between Hindu Couple is governed by The Hindu Marriage Act, 1955, under Section l3B.

Which states that.- A petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Secondly on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the court shall on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree.

By |March 29th, 2017|Uncategorized|0 Comments

What is child abuse?

What is child abuse?

Child abuse or child maltreatment is physical, sexual or psychological mistreatment or neglect of a child or children, especially by a parent or other caregiver. It may include any act or failure to act by a parent or other caregiver that results in actual or potential harm to a child, and can occur in a child’s home, or in the organizations, schools or communities the child interacts with.
The World Health Organization distinguishes four types of CHILD MALTREATMENT: physical abuse; sexual abuse; emotional and psychological abuse; and neglect.

1. PHYSICAL ABUSE:- It is intentional use of physical force against the child that results in – or has a high likelihood of resulting in – harm for the child’s health, survival, development or dignity. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating. Much physical violence against children in the home is inflicted with the object of punishing.

2. SEXUAL ABUSE: – It is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Sexual abuse refers to the participation of a child in a sexual act aimed toward the physical gratification or the financial profit of the person committing the act.

3. PSYCHOLOGICAL ABUSE:- Non-accidental verbal or symbolic acts by a child’s parent or caregiver that result in significant psychological harm to the child.

4. NEGLECT:- Child neglect is the failure of a parent or other person with responsibility for the child, to provide needed food, clothing, shelter, medical care, or supervision to the degree that the child’s health, safety or well-being may be threatened with harm. Neglect is also a lack of attention from the people surrounding a child, and the non-provision of the relevant and adequate necessities for the child’s survival, which would be a lacking in attention, love, and nurture.

Register a New Housing Society in Pune

Formation / Registration of New Co-operative Housing Societies

According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium
(b) Private Limited Company and
(c) Co-operative Society, (excluding the unrealistic rental housing),

It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.
The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.

There are four types of Housing Co-operative Societies

(a) Open Plot type Societies [Tenant ownership]
(b) Flat Owners Societies [Tenant Co-partnership]
(c) Tenant Societies
(d) Housing Board Societies.

The procedure for Co-operative Housing Society Registration begins with electing a Chief Promoter in a meeting of the Promoters. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer / flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters. Normally, the name reservation proposal should be accompanied by the signature of at least 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 10 members. If the number is less than 10 then special permission from Government has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach a number of 10.

It would be of interest to note that the model bye-laws define flat as a Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society.

The documents that need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under :

1. Application for registration of Housing Co-operative Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed Housing Co-operative Society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 100/- Stamp Paper from at least 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of an agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorizing the promoter to sign on behalf of firm / company.
15. In the case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal. It is the duty of the Registrar to register the society and on registration of the society, it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society, the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. The quantum of the capital being introduced by the member is not of much importance. Preference should be given to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

By |March 25th, 2017|Uncategorized|0 Comments

What is Domestic Violence?

What is Domestic Violence?

Domestic violence (also named domestic abuse, battering, or family violence) is a pattern of behavior which involves violence or abuse by one person against another in a domestic setting, such as in marriage. It can take place in heterosexual and same-sex family relationships and can involve violence against children in the family.

Domestic violence can take a number of forms, including physical, verbal, emotional, economic, religious and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse such as female genital mutilation and acid throwing that results in disfigurement or death.

Since times immemorial, domestic violence has been an intrinsic part of the society we are living in. The contributing factors could be the desire to gain control over another family member, the desire to exploit someone for personal benefits, the flare to be in a commanding position all the time showcasing one’s supremacy so on and so forth.
Basically from ages, domestic violence has been committed against women but in today’s scenario men can also file for domestic violence.

By |March 24th, 2017|Uncategorized|0 Comments

lawyers for agreement ,sale deed ,drafts in pune

Property Law Cases

Property Law Cases / Property Transfer includes All moveable or immovable Property Claims/Suits.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer Of Property

If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.
Agreements & Contracts

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.

1. Terms for Payment

The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property

The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty

Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed

Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports

A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?

Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits

Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

For More information please contact us:
Consultants for Housing Co-operative Society in Pune
Ved Legal Associates
Email: [email protected] / [email protected]
Mobile: +91 9763040088Society Registration in Pune

By |March 24th, 2017|Uncategorized|0 Comments

Builder to convey title and execute documents

Promoter/Builder to convey title and execute and register documents according to agreement

Builder to convey title and execute documents:-

In respect of the property wherein only one building is to be constructed, and if no period for conveying the title by the promoter to the flat purchasers is agreed upon, the promoter/builder shall, subject to his right to dispose of the remaining flats, if any, execute the conveyance within four months from the date on which the co-operative society or the company is registered or, as the case may be, the association of the flat purchasers or unit holders is duly constituted.

When a promoter has submitted his property to the provisions of the Maharashtra Apartment Ownership Act, 1970 by executing and registering a declaration as required by section 2 of that Act, and no period for conveying the title by the promoter in respect of an apartment to each apartment taker is agreed upon, then the promoter shall execute the conveyance or deed of apartment in favour of each apartment taker within four months from the date , the apartment taker has entered into possession of his apartment.

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