Property is a bundle of rights and interests. Transfer of property means passing of these rights and interests to someone else. Owner of the property has the right to transfer the property as per his own wish subject to provisions of law.
If the property is transferred using illegal means, it is an illegal transfer. Here we are assuming that the real owner is not involved in the unlawful act. The actual owner has also been the victim. Someone else has managed the transfer of property using the means which have rendered the transaction illegal.
Having property is a dream come true for every one of us. However, buying a property in India involves complexities and documentation that the maximum of people does not understand and in the process and moreover, end with a property that becomes a lifetime headache. Also, in order to have a clean, legal transaction one of the key documents that need to be checked is the Encumbrance Certificate (EC).
The term Encumbrance means charges and liabilities created on a property that is taken as security against a mortgage or loan as the case may be. An Encumbrance Certificate consists of all the registered transactions made on the property during the period for which the EC is sought. …
Sellers today rely on unfair trading practices and try to pass on a false or inferior quality product to the buyer. To save costs and in a race to make more profit, sellers or service providers usually end up ignoring a consumer’s interests. The consumer has to pay a high price not only for the product or service but also for the consumer case in a consumer forum that follows.
The Consumer Protection Act, 1986 is the most important law protecting consumer interests and providing legal remedies to consumers who receive inferior, faulty or defective goods or services.
In a country with more than a billion people, the cases of religious conversion are considerable. While the ancestral property is a legal right that Indians, no matter what religion they belong to, at times, families might not be prepared to share that property with those within the family who have converted to another religion. But do converts have a legitimate share in ancestral property?
A Hindu undivided family (HUF) is governed by the Hindu Succession Act and, by law, Hindus who have converted to another religion can still claim their ancestral property.
Previously, the conversion could be a clear reason to expel the converts from the ‘family’. Under the Caste Disabilities Removal Act, a person who has renounced their religion or been excommunicated from their religion would be protected by law. …
While each individual dream of owning a property once in their lifetime, many people still prefer to buy or invest directly in the land. The land is the main cost component of a property purchase and has a much higher return than other types of real estate. It also gives the purchaser the freedom of choice in terms of layout, design, floor plan, etc. However, when purchasing land, you must do thorough due diligence.
One of the most significant aspects of purchasing land is to verify that the title is clear and marketable. This means that you must confirm whether the person selling the property owns it and has all the necessary rights to transfer ownership of the property to you. It is always advisable to consult a lawyer/advocate to carefully review the title documents such as sale deed and property tax receipts and obtain a certificate confirming the title of the seller. It is usually advisable to track the title for the past 30 years, taking into account the complexity of land documents and the restrictions involved in claiming property rights. …
A landlord is the person who is having a rental unit and that rental unit is given by him to another person i.e. tenant for use or occupation on payment of money i.e. rent. A relation that of landlord and tenant is a common prevailing relation, yet it is one of the complex relation persisting. This relationship needs a lot of care and precaution. Carelessness on the part of one party can lead to the undue advantage to the other party.
Generally, rental agreements or tenancy agreements are avoided by the landlords to save taxes but the same should be avoided, and one should insist on having an agreement with precise terms and conditions to avoid any litigation in future. Tenancy agreements so made need to be clear in its wording and should not contain vague terms. …
Lawyers provide either free or very low-cost consultation to discuss the details of a situation by giving an opportunity to ask some fundamental questions. When hiring a lawyer, one should go into a detailed discussion of one’s case, ask more specific questions related to the lawyer’s expertise, experience, fees, specialized knowledge, and management of the case.
How long have you practiced law?
The least one wants to know is about the lawyer’s expertise, the firm and whether the lawyer is a veteran or beginner attorney.
If you are an NRI you must ask can he provide you regular updates without your asking for it?
The biggest problem NRIs face is they just don’t know whats going on in their matter. Property lawyers in India are not equipped with latest communication channels and they are not in habit of providing case updates without clients asking for it. Since you are away from your homeland and wont be able to travel back and forth hire a lawyer who can provide you with all the updates on your matter. …
A will/testament is a legal document which states the wishes of the testator as to how his/her property be distributed at or after the death. The Will also state the names of one or more individuals, the executor, to manage the land until its final distribution.
Property management is the administration of commercial, industrial real estate, residential property such as apartments, detached houses, housing units and shopping centers.
There are ample reasons for having Property Management Lawyers. However, the most important reasons are
NRI’s face difficulty in managing distant property affairs. This is where the Property Management Lawyers step in.
Following are the tasks performed by the management lawyers for and on behalf of the clients:
According to the law, if a person dies without making a Will, he has died “intestate,” which means that the person hasn’t written or left any instructions as to how his property is to be divided and distributed. It is already a traumatic event for the family members when a person dies, and if the person dies intestate, it increases the pain. The issues related to the division of the assets can cause rifts between the family members.
When the person dies intestate, the Hindu Succession Law determines how the property will be distributed upon the death of the individual. …