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Safety Net for Property buyers-Real Estate Regulatory Act (RERA)

Property transactions in India are set to become more transparent and safe. Besides the various regulations on Benami transactions, the government has also now reintroduced RERA.

The RERA (Real Estate Regulatory Act), 2016 is an act established for promotion and regulation of the real estate sector. It was announced last year (2016) by the government but finally came into effect on 1 May 2017. It was declared with the intention of protecting the interest of the consumers as well as bring about accountability and transparency in the realty sector.

To eradicate the common practice where a consumer gets cheated by the developers, face delay in receiving the property, etc. the Act was set up to speed up the adjudicating mechanism with respect to these issues.

The principal objective of RERA is to create a corruption free system that is favourable for both the parties involved, i.e. the buyers and builders/developers. Customer’s satisfaction is the top most priority of the Act.

Other than this, the objectives of the RERA are as follows:

  • To ensure fair-play.
  • To offer a well-organized and transparent procedure of selling any real estate project.
  • To maintain equality and similarity of information between the buyer and the builder.
  • To ensure professionalism.
  • To impose certain responsibilities on both the counterparties.

Under this Act, an Appellate Tribunal has been instituted to address the appeals after the judgment has been passed by the adjudicating officer and the Real Estate Regulatory Authority.

The Tribunal is supposed to have the same power as a civil court, such as:

  • To ensure maintenance of books of accounts and all the other records.
  • To insist on and summon the individuals and question them under oath
  • To order the cross-examination of witnesses and documents
  • To redeem penalty, compensation or interest from the agents.

RERA is a positive step taken in an attempt to lead the economy of the country forward towards a corruption free and transparent system. The Act is a reform in itself and along with it steps such as the implementation of GST, demonetization, and declaration of Benami ownership of property are providing aid in making it possible to have a well-organised, clean and efficient system.

By | June 22nd, 2017|Blog, newsletter blog, rera|0 Comments

Traversing India

PANCHGANI

If you are a tourist and decide to visit Panchgani in Maharashtra, then one of the most common introductions that you’ll hear about the place would be in the form of the Bollywood movies shot in the region! There is a high chance that if you are in your forties or above, you might even remember the famous Karishma Kapoor – Aamir Khan starer ‘Raja Hindustani’ with its songs filmed in this picturesque destination.

Thanks to the perpetual search of the British for good climate, Panchgani (“five hills,” literally) got discovered as a destination. Soon enough, it soon became one of the most famous destinations in Maharashtra. The quaint hill station is home to many species of plants including silver oak, poinsettia, and strawberries.

At a distance of about 280 km from Mumbai and about a 100 km from Pune, Panchgani rests lazily in the middle of five hills in the Sahyadri mountain ranges. The Krishna River flows nearby. One of the most amazing visual treats here is the unique volcanic plateau called ‘Table Land,’ which is a part of the Deccan Plateau. One of the myths that float around this little town is that the Pandavas of the Mahabharata epic stayed here for a while.

What makes Panchgani even more attractive as a tourist destination is its scenic beauty, its beauty, and the cool climate. Some of the prominent attractions in the city are – Mount Malcolm, Mahabaleshwar Temple, Panchganga Mandir, Wilson Point, Sydney Point, Table Land, Venna Lake, Lingmala Falls, Dhom Dam and Bombay Point. If you’re looking for an unpolluted environment to unwind and relax Panchgani could be just the right choice for you – not to miss the sinfully delicious strawberries, you can afford to have while you are here!

By | June 22nd, 2017|Traversing India|0 Comments

Newsletter June

Property transactions in India are set to become more transparent and safe. Besides the various regulations on Benami transactions, the government has also now reintroduced RERA.

Safety Net for Property buyers-Real Estate Regulatory Act (RERA)

Property transactions in India are set to become more transparent and safe. Besides the various regulations on Benami transactions, the government has also now reintroduced RERA. The RERA (Real Estate Regulatory Act), 2016 is an [...]

By | June 22nd, 2017|Categories: Blog, newsletter blog, rera|Tags: |0 Comments

Traversing India

PANCHGANI If you are a tourist and decide to visit Panchgani in Maharashtra, then one of the most common introductions that you’ll hear about the place would be in the form of the Bollywood movies [...]

By | June 22nd, 2017|Categories: Traversing India|0 Comments

Health Tip By Amar Chandel

LOSE WEIGHT RIGHT AWAY When you are overweight, your entire system is out of balance, including the hormones that impact your mood. As a result, losing weight increases your sense of well-being and decreases the [...]

By | June 22nd, 2017|Categories: Health tip|0 Comments
By | June 22nd, 2017|Newsletter|0 Comments

Health Tip By Amar Chandel

LOSE WEIGHT RIGHT AWAY

When you are overweight, your entire system is out of balance, including the hormones that impact your mood. As a result, losing weight increases your sense of well-being and decreases the severity of depression. In 2011, Australian research found that among diabetic obese men, losing 5 to 10 percent of body weight led to improvements in erectile function and libido. This is likely due to the strain obesity puts on the heart and blood vessels. Being overweight puts a burden on the adrenal glands, which manage asthma and allergies. Being overweight is also a strain on the respiratory system and can exacerbate asthma symptoms.

After losing weight, complaints of foot pain drop by 83 percent. Extra weight and arthritis have a strong connection to inflammation in the body. Many studies note that weight loss improves arthritis pain. A father’s diet before conception plays a crucial role in a child’s health. Excess weight is responsible for blemishes and infections of the skin. Losing weight improves psoriasis. The bigger you are, the more likely you are to suffer a heart attack earlier in life — 12 years sooner for obese people.

Overweight women have four times higher endometrial cancer risk. Their breast cancer risk is equally higher. Body fat produces estrogen, a hormone linked to both diseases.

 

By | June 22nd, 2017|Health tip|0 Comments

Importance of registration of legal documents

While buying and selling of the property, many people tend to skip a fundamental but crucial aspect i.e. Registration of legal documents. As people are not familiar with the concept of Registration they don’t understand its importance in Law which can cause issues for them. It is imperative for the people to get themselves familiarized with the notion of Registration and what is entails so as to safeguard themselves from any Property Disputes.

  1. What is Registration?

Registration is recording the matters of a document with an authorized or recognized officer (Registering officer) and preserving the copies of the original document.

  1. Why do documents need to be registered?

One needs to register the legal documents so as to prevent any property dispute, fraud, conserve the evidence, be assured of the title and publicizing the information.

  1. Which documents require to be registered compulsorily to avoid any Property Disputes?

As per law, there are several documents whose registration is compulsory under Registration Act, 1908. Some of the documents related to assets that you should know are to be registered compulsorily are as follows:

  • instruments related to gifted immovable assets
  • non-testamentary documents which claim or operate to declare, limit, create, assign, or expunge, any title, right, or interest, of the value of one hundred rupees and upwards in immovable property whether the act is performed in present or in future
  • any non-testamentary instrument that shows the receipt of any consideration for the declaration, creation, assignment, extinction, or limitation of any right, title or interest as mentioned above
  • agreements or lease of a property every year, or for any period exceeding a year
  1. What should be the language of the legal document that has to be registered?

  • One has to make sure that the document is in an understandable language and in a language that is used in the district.
  • As per Registration Act, 1908, the authorized officer is allowed to refuse to register the document if it is in a language that the officer doesn’t understand and is not used in the district.
  • If one is not able to understand the language of the document one can easily miss important point causing Property Disputes later on.
  • For an officer to accept the document which is not in the understandable language, it should be accompanied by a correct translation employed in the region and the original document.
  1. What is the period prescribed for registration of a document?

As per the Section 23 of the Registration Act, 1908 any legal document related to property has to be presented for registration to the proper officer within four months from the date of the execution of the instrument to prevent Property Disputes in future.

  1. What can be done if the document is not registered within the prescribed period of four months?

  • If a document is not presented for registration within the said period of four months and if the delay in doing so is not that much, then an application can be written to the Registrar.
  • He on payment of a fine not exceeding ten times the amount of the registration fee may accept the document for registration.
By | June 21st, 2017|Blog|0 Comments

The not-so-sweet face of NRI marriages – and how to prevent it

The sacred institution of marriage has become more of a settlement system between two families nowadays. People have started thinking of it as a status symbol and entering into NRI marriages is considered a sign of higher status in society.

NRI marriages imply wedding of a Non-Resident Indian with a person residing in India. Though traditionally this marriage isn’t any different, in several cases problems arise due to various issues such as language constraints, difficulties in communication, no or little information about the local criminal justice, police and legal system, etc.

Also, the women being far away from the family in an alien land often feel isolated. When they face problems with their in-laws they have no one to go to.

The problems which may be faced in NRI Marriages are:

  • Abandonment by the in-laws immediately after the wedding.
  • Brutal harassment, both mentally and physically, after moving to the foreign land. This is usually done to extort more and more dowry.
  • Deserting the woman in the alien country without providing any means of sustenance
  • Facing bigamy. Sometimes in NRI marriages the husband might already be married to some other women and the new wife would be treated only as a domestic help, ill-treated and malnourished.
  • Fraudulent marriage as after marriage it may come out that either of the counterparties has given false information about the job, family, immigration status, marital status, earning and other material particulars.

Preventative measures to avoid these issues

To deal with these problems and keep them at bay, one should take the following steps:-

  1. Confirm the following facts about the families before entering into marriage:-

The families should get the following documents checked and if possible get a photocopy of each of them before performing the wedding.

  • Family background
  • Passport, Visa
  • Alien Registration Card, Voter
  • Tax returns of last few years
  • Bank Account Number along with the statements
  • License Number, Social Security Number
  • Documents related to Property and other assets
  • Details about Education as well as Employment (employers, post, salary, address of the Offices)
  • Immigration Status (type of Visa, eligibility to take the spouse with him)
  • Criminal antecedents
  1. Precautions that should be taken up by the parents of the bride to safeguard her interest in foreign land:-

  • Perform both traditional and registered marriage and maintain a proof of it.
  • Avoid a secretive marriage and do not get engaged in haste. Also, invite a sufficient number of people so that if needed there are witnesses for the wedding.
  • Do not agree to get married only in the foreign land. Reason being that the laws of that country may not be favorable for divorce and abandonment. In this case, the verdict of Indian courts may not hold any standing in the foreign courts.
  • The families should always be aware themselves about the laws in foreign countries related to abuse, domestic violence, divorce, etc.
  • Open a bank account exclusively in the name of the bride that can be used in case of emergency.
  • Always keep prepared the photocopies of essential documents such as the marriage certificate, passport, visa, etc.
  1. Have a safety plan:-

  • Maintain contact details of Police, State authority, helpline, Indian Embassy at the foreign land, Indian welfare officers, social support groups.
  • Stay in touch with friends and relatives.
  • Do not hand over the passport or visa to any unauthorized person.
By | June 19th, 2017|Blog|0 Comments

Laws relating to Plagiarism in India

The act of stealing of money or tangible things is considered as a crime and can be easily identified. This act is known as Cheating or Fraud. But there are few other matters such as stealing information, words, illustrations, expressions, ideas, tables, thoughts, or figures from various books, articles, interviews are difficult to identify. Therefore, the act of using another individual’s work and then passing it as one’s own is known as Plagiarism.

As per law, whenever one uses sentences, words, ideas or phrases, summarize, or paraphrase other person’s work, it’s important to name the source of information in your work. And not citing, acknowledging or quoting the source in your work is considered plagiarism.

Plagiarism – Using someone else’s work into one’s own work, with or without their consent and then offering it as own without any acknowledgment whether it is intentional or unintentional.

Laws concerned with Plagiarism

Plagiarism is governed by Section 57 and Section 63 and Section 63 (a) of Copyright Act, 1957.

As per Section 57 of the Act, provide authors the right (special right)

  • to claim authorship of their work
  • to detain or claim damages in respect of any modification, distortion, mutilation, or other act related to the said work which is done before the expiration of the term of copyright if such act would be damaging to his honour or reputation

The Section 63 of the Act states punishment for the offence of breach of rights convened under this Act.

  • The offender shall be punishable with imprisonment. The term for the offence may vary from six months to three years. The lawbreaker may have to compensate in terms of money i.e. fine which may range from fifty thousand rupees to two lakh rupees. Or both imprisonment and fine.
  • Where the violation of the rights was not made for gain in the way of business or trade, the court may for special reasons (stated in the judgment) carry out a sentence of imprisonment of less than six months or fine of less than fifty thousand rupees.

The Section 63(a) of the Act states punishment for the offence of breach of rights convened under this Act for the second time.

  • The offender who commits the offence for the second time (again) will be punishable by imprisonment for the term that may vary from one year to three years and with fine varying from one lakh to two lakhs.
  • Where the violation of the rights for the second time was not made for gain in the way of business or trade, the court may for special reasons (stated in the judgment) carry out a sentence of imprisonment of less than one year or fine of less than one lakh rupees.

The act of Plagiarism is considered as an unethical conduct of a person and not a crime by itself. The breach of the right under the Act is civil wrongs and criminal charges can be filed against the offender. Although the government is trying to make the existing laws stricter to prevent plagiarism but one must morally try not to perform such an act.

By | June 15th, 2017|Blog|0 Comments

Why You Need Property Management Lawyers in India

Over the time, we have seen NRIs struggle with various property disputes such as illegal occupancy, transfer of assets, inherited and gifted assets, and much more. They face issues related to ownership or some other related matter such as registry details, the status of the title, etc. and then they seek legal advice to find the best suitable solutions.

What they are not conscious of is that these matters are part of the management of property and they should take help of Property Management Lawyers. Asset management includes operation, administration, and control of residential, industrial and commercial real estate along with maintaining updated documents and knowing the history of the concerned property ownership.

It’s the duty of the Property Management Lawyers to look after all the aspects related to Property Management. It is imperative to understand what a property legal representative can do and what are his responsibilities towards his client.

Property Management lawyers India

Services provided by Property Management Lawyers

In the case of Renting of the property:

  • Advertises about the asset for tenancy and then show it to the prospective tenant.
  • Handle the lease, collect and adjust the rent as the estate market
  • Deals with the complaints of the tenants
  • Deals with the eviction of the renters
  • Maintain and make repairs to the estate and keep it in proper shape even after leasing it
  • Make it sure that property is with compliance of government rules and regulations
  • Serves as a liaison between tenants, site personnel, and landlords

In the case of buying a property or inheritance or gifted assets:

  • Make sure to help trace the previous and current ownership records
  • Assist in finding the details of land registry that may be lost or not properly maintained
  • Help in transfer of the deed in your name by helping in getting the clear title deed and all the updated documents from the current or the previous property owner
  • Contribute in interpreting the documents in understandable language or English.
  • Validate the accuracy of the record by making a formal request under Right to Information Act (RTI)
  • Assist in finding and identifying the property using the old address if the address has been changed.

Role and Responsibilities of Property Management Lawyers

The Role and Responsibilities of the Lawyer are to –

  • Give legal advice on all the aspects of property management such as market value of the property, tax benefits, restrictions laid by the government, etc.
  • Specify all the terms and conditions of the sale as well as in purchase deed clearly and as per the law related to contract and agreement.
  • Deal with the matters relating to title deed, tenants, eviction.
  • Make the transactions related to the property.
  • Solve the issues with the deed and any property dispute.
  • Resolve the problem of trespass, encroachment, injuries, and boundaries.
  • Help in preparing and evaluating the draft deeds, other documents and then filing them.
  • Register all the documents with the proper authority and check if any adjustment is required.
  • Help the clients with title deed problems, insurance, and environmental issues.
  • Make sure that the inspections and appraisals are done on time.
  • Evaluate the purchase agreements and leases.
  • Review all the transactions done by the client.
  • Represent his client in the court when required.
  • Participate in the hearings and the trials.
  • File appeal if necessary.
  • Negotiate and bargain or make settlements on behalf of his client.

 

By | June 12th, 2017|Blog, Property Management|0 Comments

How to deal with inherited property – Inheritance law in India

What is Inheritance of Property?

Inheritance is passing on the property, titles, debts, rights, and obligations to another person upon the death of an individual.

Which Act governs Inheritance Law in India?

  • The Hindu Succession Act, 1956 was established to assure equal inheritance rights to both sons and daughters.
  • It implements to all Hindus inclusive of Buddhists, Sikhs, and Jains but won’t refer to a Hindu wedded to a Non-Hindu under the Special Marriages Act
  • It provides a basic play as to how to deal with inherited

How can one inherit a Property?

As per Inheritance Law in India a person can inherit property in two ways:

  • Through Will
  • Through state laws of Intestate Succession

Who inherits the property if a Hindu Male dies intestate?

As per the law, ownership of a Male Hindu who dies intestate is divided among his heirs.

The division among heirs has to take place as per a particular rule.

  • First the Class I Heirs share the assets among themselves (one share each)
  • If the departed person doesn’t have a Class I heirs, then The Class II Heirs are entitled to share the concerned property.
  • If there is no heir, then the property is divided among Agnates (descendant or akin through male’s side) and then among Cognates (blood relative or descended from a common maternal ancestor.)

If there is no heir or relative to claim the property, it passes on to the Government by way of Escheat. In such a case, the government attains all the rights related to the assets along with the duty to fulfil all the obligations attached to the assets.

Classification of Heirs in Class I and Class II

Class I Heirs –

  • The intestate’s widow
  • The surviving sons and daughters
  • The mother of the intestate
  • The heirs in the branch of every pre-deceased son or daughter of the intestate

Class II Heirs –

  • The father of the intestate
  • The intestate’s grand-parents and the grand-children
  • The brother or sister of the deceased
  • Other relatives such as father’s brother/sister, mother’s brother/sister, brother’s widow/son/daughter or sister’s son/daughter, etc.

Who inherits the property if a Hindu Female dies intestate?

The ownership of a Female Hindu dying intestate shall be divided as per following rules:

  • first among the sons and daughters (including the children of any pre-deceased son/daughter) and the husband
  • then amongst the heirs of the husband
  • then among the mother and father
  • then amongst the heirs of the father
  • then among heirs of the mother

What are the rights of Female as per Inheritance Law in India?

As per the Inheritance Law in India, the Females have the following rights:

  • equal right of inheritance to their father’s property as sons
  • to receive a share in mother’s property
  • have to bear the same liability for the property as the son
  • to dispose of the property inherited or gifted by selling, gifting or willing to others as she deems fit

 

By | June 5th, 2017|Blog, inheritance law|0 Comments

Why you need a Succession Certificate

  • Succession Certificate
  • Succession Certificate is legal document
  • Certificate Succession
  • Law Governing the Issuance of Succession Certificate
  • The Need for the Instrument
  • Certificate Succession PPT
  • NRIs and Succession Certificate
  • Succession Certificate in India
  • Requisites for Obtaining Succession Certificate
  • Obtaining Succession Certificate
  • Succession Certificate document
By | June 3rd, 2017|Blog, Illegal, Succession Certificate|0 Comments
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