Categories
Real Estate Help

Differences Between Power of Attorney and Will in India

Introduction: Definition of Power of Attorney: Power of attorney is defined under section 1A of the Powers of Attorney Act,1882.—In this Act, “Power-of-Attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it.” The power of attorney gives a vast concept under the Powers of Attorney […]

Categories
Real Estate Help

When Can a Gift Deed be Canceled in India and What is The Procedure

Introduction: There are many ways to transfer property from the owner (donor) to the donee such as by gift, will or sell. The common process to transfer the property to the family members is by way of the gift deed. Meaning of Gift Deed: Gift Deed is a legal document that defines the transfer of […]

Categories
Real Estate Help

Procedure for Expulsion of a member and their Rights in a Co-operative Housing Society in West Bengal

Introduction: There are different procedures to expel a member from the Co-operative Housing Society in West Bengal and the members also have some rights to defend themselves when they are expelled by the authority. There are few Rules and Provisions given below which provides for expulsion of a member and their rights under West Bengal […]

Categories
Real Estate Help

Sale of Immovable Property by Non-Residents in India

Introduction: Sale of Immovable Property: Sale of immovable property is explained under the Transfer of Property Act 1882 as a transfer of ownership by any person for a price paid or promised or partly paid and partly promised. Essentials of Sale: a) There must be a seller and a buyer. And the seller and buyer […]

Categories
Real Estate Help

Can a Husband Claim Maintenance and Wife’s Property

Introduction: The Hindu Marriage Act,1955 provides benefit to a husband to claim maintenance from a wife. Laws and its provisions which benefit husband to claim maintenance from wife? Section 24 of the Hindu Marriage Act, 1955 provides for pendente lite and expenses of proceedings. Section 24 provides that if a husband or wife has no […]

Categories
Real Estate Help

What to do when the documents of the houses or land are lost in West Bengal

Introduction: The original sale documents, lease papers and titles are essential requirements during the registration of a property and no one can buy or sell real estate property without these legal documents in West Bengal. Sometimes people accidentally misplaced or lost their property-related documents. It is important to keep regular check the documents to ensure […]

Categories
Real Estate Help

How to Get Succession Certificate in India

Introduction: Meaning of Succession Certificate:- A succession certificate is a legal document given by a civil court to the heirs of a deceased person certifying a person to be the successor of such deceased person. The certificate authorises the successor to deliver the debts and securities of the deceased person. The certificate is not given […]

Categories
Real Estate Help

Benami Transaction and its Legality in India

Introduction: Benami transaction:- Section 2(9) of the Abenaki Transactions (Prohibiton) Act of 1988 as amended by 2016 to be called the Prohibition of Benami Property Transactions Act, Benami transaction means a transaction or arrangement where one person buys a property in the name of another person which is termed as illegal under when the consideration […]

Categories
Real Estate Help

Lease and its Types in India

Introduction: In India, lease deed mentions that a person can enjoy another person’s property for a specified period. It also says that property may be tangible and intangible property and also movable and immovable property. Under the Transfer of Property Act,1882 lease is defined as:- “A lease of immovable property is a transfer of a […]

Categories
Real Estate Help

Rights of Hindu Women to Property in India

Introduction : Most of the time it is seen that women are discriminated in the field of property rights in India. The Hindu Succession Act was passed in the year 1956 which distinguish Hindu women’s property rights in comparison to Hindu male’s property rights. But another act was passed in the year 2005 which banned […]

Categories
Real Estate Help

Rights of a ‘Shebait’ in Property Dedicated to Deity

Introduction: Meaning of Shebait: A Shebait is any person who serves and supports the deity and works as a manager of the debuttar property. The properties like the temple or any other land or property which is vested with the deity are managed by the Shebait. Shebait is the only person who has the power […]

Categories
Real Estate Help

What Happens to the Property of a Male Hindu Dying Intestate

INTRODUCTION PROPERTY OF MALE HINDU DYING INTESTATE The Hindu Succession Act,1956 lays down the provisions for the property of a Hindu male dying intestate. The Act says that the property of a Hindu male dying intestate is first given to the heirs of class I and if there are no heirs of class I then […]

Categories
Real Estate Help

Rights of Mortgagor and Mortgagee in India

INTRODUCTION: Definition of the term Mortgage: According to the Section 58(a) of the Transfer of Property Act 1882 “A mortgage is the transfer of interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or performance of […]

Categories
Real Estate Help

Housing Society or Apartment Association in India

Housing Society or Apartment Association in India If you are wondering whether members and flat owners should register a housing society or apartment association, it is important to understand the core differences. Housing Society or Apartment Association in India are regulated by different laws and have different procedures. Housing societies are primarily formed in India […]

Categories
Legal Article Real Estate Help

Road Ahead with the Indian Real Estate Act 2016

Under the recently passed The Real Estate (Regulation and Development) Act, 2016 (RERA), India has adopted several new features that will control the real estate market. Most importantly, the Act brings in Real Estate Regulatory Authorities who will be in charge to ensure compliance with the law. With the authority in place, all projects and […]