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Property Law

Critical analysis of Partition under Hindu law

Introduction:  In terms of Law, Partition means the division of property into two or more parts among the Joint Hindu Family where it provides separate conferment of status on the undivided coparceners. If there is a single or one coparcener, then no partition is possible in a Joint Hindu Family. A coparcener is an individual […]

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Property Law

Why do You Need a Property Lawyer Before Buying a Property in Kolkata and West Bengal?

For people in general buying a real estate property usually involves years of savings, planning and their dreams. Hence it’s really important for the buyer to know all the legal procedures for a peaceful possession. He must be very mindful of the threats involved in the property buying process. To protect his interests as a […]

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Property Law

Concept of Property and its Related Topics

Meaning and Concept of Property: The term property has different meanings that is the word property is used in numerous senses in general. Anything available in the surroundings may be categorised as property. Each and every objects which has some value for human beings which may be tangible or intangible is termed as property. The […]

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Property Law

Jurisdictions of Civil Court and Place of Suing

Meaning of jurisdiction: In simple terms, Jurisdiction is the power of the court to take cognizance of an offence and determine the cause of action. Jurisdiction is decided mainly on the basis of: – Pecuniary value Local limits of Court The subject matter of Court Thus, the Court before taking the cognizance of an offence, […]

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Property Law

How RERA is Beneficial to its Stakeholders: Home Buyers, Builders, and Government

The Real Estate (Regulation and Development) Act, 2016 (RERA) the landmark legislation, came into existence in order to boost investments and to protect and safeguard the interest of homebuyers against the unfair trade malpractices of the builders.The key objective of the Act is to bring greater transparency, accountability, financial discipline, speedy redressal of disputes and […]

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Property Law

Mutation Process of Real Estate Properties in West Bengal And Kolkata

When a property or landis transferred or sold to the buyer, the buyer needs to initiate the mutation process in order to change the title ownership from the seller to his name. This process is necessary to ensure that the immovable asset is now recorded on the new owner’s name in the land revenue department […]

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Property Law

Is It Safe to Buy Bank Auction Properties in West Bengal and Kolkata?

Bank Auctions are generally a little laborious process. Agents are recently controlling this process and customers end up paying hefty commission in cash. Although an expert property lawyer will never advise an investor to pay in cash during any property transaction process,but people generally tend to overlook the risks involved with a desire to buy […]

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Property Law

How to file a partition suit in West Bengal and Kolkata?

What is a Partition suit? A partition suit is a proceeding instituted by a coparcener when a property dispute arises in the family or when there is absence of mutual consent among the multiple owners of the real estate in the sale or division of the property. This suit is initiated only when the legal […]

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Property Law

Concept of Mortgage Deed in India

Introduction: The concept of Mortgage and its relevant topics come under Section 58 to 104 of the Transfer of Property Act, 1882. In simple terms Mortgage means the transfer of interest of the property to secure the loan advanced or to be advanced in the future. Actually, an individual mortgage a property to take loan […]

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Investment Law Property Law

What are the Tax Benefits for Home Loan in West Bengal for 2021-2022?

Taking a home loan to buy your dream house in West Bengal? There isgood news for all new home buyers. On 1stFebruary 2021, in Union budget 2021the Finance Minister Nirmala Sitharamanhas extendedthe deadline till 31st March 2022 for availing Income Tax deductions on payment of interest on home loans. In the previous budget, the government […]

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Property Law

Property Will Rules and Regulations for Muslims in West Bengal and Kolkata

With the help of a Will or Wassiyat, a Muslim person in West Bengal and Kolkata can determine how his property will be distributed among the successors after his death. According to Section 2 of the Indian Succession Act, 1925, by making a Will, a person can make disposition of his property. The Will comes […]

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Property Law

How to Conduct Due Diligence Before Buying Property in West Bengal and Kolkata?

Planning to invest in real estate? Have you got a clear idea of conducting the due diligence? Here we are going to discuss everything you need to know before the real transaction. Legal Due Diligence is an important step in any real estate transactions. This process involves a thorough assessment of the real estate property […]

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Property Law

Legal Remedies Against Eviction for Tenants in West Bengal and Kolkata

According to Census 2011, a total of 27.37 million rented households are available in India, among these 79.4% or 21.72 million are situated in the metropolitan areas and this is because of the preposterous prices of the properties in the urban areas. While it can be cleared stated that staying in a rented property in […]

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Property Law Property News

Plea before Bombay High Court to Waive Property Tax due to Lockdown

On 25th May 2021 a plea by the Federation of Retail Traders Welfare Association has been filed before the Bombay High Court citing the issues of unemployment, huge loss and financial instability that the retail industry is facing right now due to the COVID 19 pandemic situation and lockdown. Advocates Dipesh Siroya and Jamshed Mistry, […]

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Property Law

General Rules of Succession amongst Hindus

Introduction: The Hindu Succession Act, 1956 governs the Inheritance and Succession amongst Hindus. The law of succession deals with the rules devolution of property in case where a person or individual dies without making a Will. This Act is applicable to all Hindus, incorporates intestate succession and testamentary succession. Applicability of the Hindu Succession Act, […]

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Property Law Property News

Kolkata: Salt Lake Landlords are Requested to Submit Tenants’ Details by the Bidhannagar Police Department

On 27th June 2021, the Bidhannagar City Police have urged the homeowners of the Salt Lake area to come forward and submit their tenants’ and paying guests’ details to ensure the security of the landlords and their families. In the meeting held at the BJ Block community hall on the same day, the cops discussed […]

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Property Law

Meaning and Differences between Temporary and Permanent Injunction

An injunction is a court order, that requires a person to do or abstain from doing an act that is necessary in terms of justice, and the absence of which would be contrary to good faith and good conscience. Basically, the grant of an injunction, aims to restore the violated rights of a party, whereby […]

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Property Law

Title Deed and Sale Deed Differences in West Bengal and Kolkata

Paperwork proving ownership of a specific property is sometimes termed as the Sale Deed. Often people assume that sale deed and title deed are the same thing and use the terms interchangeably. Technically, both the concepts are very different from each other. In this article we will talk about the differences between the two, and […]

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Investment Law Property Law

How to Save Taxes on Property Sale in West Bengal and Kolkata?

As a property owner a person can get an array of benefits. Since the land involved with the property is a Capital Asset and the value of the land keeps increasing everyday, the land works as a mean of safety, security and as an investment avenue. A property owner can earn hugely on the sale […]

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Property Law

Property Rights of Live-In Couples and Their Children in West Bengal and Kolkata

Since the Vedic period, the union of two matured adults of opposite gendershas been considered a blessed bond when the couple gets married following all the rituals. With time the society and human psychology has evolved and so has the definition of marriage. The generation next is handling the concept of marriage and relationship more […]

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Property Law

Property Rights of a Hindu Adopted Child in West Bengal and India

In a densely populated country like India, adoption is a very sensitive issue.Every child, up to age of 18, who has no one to take care of themor who has been abandoned because of family issues or illegitimacy of birth, can be adopted. In a normal situation, an adopted child has similar rights of a […]

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Property Law

Legal Implications of the Model Tenancy Act in West Bengal and Kolkata

On 2nd June, 2021 the Union Cabinet sanctioned the Model Tenancy Act, 2021 aiming towards a nationwide unified model structure for protecting the interests of tenants and landlords. To boost the real estate sector, this act approved by the Modi cabinet revises the mandatory tenancy agreement, payment of the rent, rights and obligations of landlord […]

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Property Law

Significance of the Possession Certificate in West Bengal and Kolkata

Planning to buy a new home? But do you have a thorough understanding of the legal documents and the applicable laws for the real estate transactions? Since the real estate value is increasing everyday and a huge amount of money is involved in the property buying process, it’s of grave importance for the investors to […]

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Property Law

Legal Importance of Completion Certificate in West Bengal and Kolkata

When you are planning to invest in a property, you should be ready for a time-consuming documentation process. Documents, such as Title Deed, Property Tax receipts, and Encumbrance certificate are needed to prove your entitlement towards your property. At the time of taking possession of your home, there are few important documents needed from the […]

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Property Law

Legal Importance of Occupancy Certificate in West Bengal and Kolkata

Buying a home takes a lot more than just your money. Months of research and lengthy paperwork are also involved in this home buying process. After waiting for months when you finally take possession of your dream home, you need to make sure that you have done all the required paperwork. One such important legal […]

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Property Law

Legal Implications of Co-Ownership Property in West Bengal and Kolkata

With the real estate prices reaching sky-high, it is becoming a great deal of a financial burden for a middle-class person to buy a property of his choice on his own. As a result, numerous homebuyers are opting for joint ownership or co-ownership of property. Although it may sound like an easy task of sharing […]

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Property Law

Is It Legal to Use Residential Area for Commercial Use in West Bengal and Kolkata?

Definitely it sounds great to use your residential property such as rented or ownership flat for your commercial use as it saves money. For professionals like doctors, lawyers, and accountants this option is legally available. However, there are some limitations for other professionals, according to the zoning law and the co-operative housing society rules. Let’s […]

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Property Law

How USL Protects Individual Buyer’s Rights

Looking for a new apartment flat? Surely you have checked your desired built-up area and other amenities offered with that. But have you checked the Undivided Share of Land (USL) promised and offered with your chosen property? With time, the structure of the building apartment gets old and depreciates in value, it’s the USL which […]

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Property Law

How can you quash or dismiss an FIR due to compromise under Section 482 in West Bengal and Kolkata

Introduction: We will try to bring out most of the information on “How can you quash or dismiss an FIR due to compromise under Section 482 in West Bengal and Kolkata” and we will also discuss the concept of “Quash and Section 482 of CrPc”. What is quashing according to legal terms? In simple words, […]

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Property Law

Completion Certificate Rules and Regulations in West Bengal and Kolkata

Completion Certificate is a document which indicates that the building has been constructed in adherence to the sanctioned building plans. In other words, a completion certificate is a document that is awarded, after the inspection of a real estate project, stating that it has been constructed according to the approved building plan and that it meets […]