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Real Estate Help

Title Insurance and the Real Estate Market in India

Introduction: Title Insurance: Title insurance is an insurance which provides indemnity to the developers or builders and the homeowners of the property which are related to the disputes in the title of the property. Types of title insurance: There are mainly two types of title insurance: Lender’s title insurance Owner’s title insurance Advantages of Title Insurance for Home […]

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Confiscation and Forfeiture of Properties in India

Introduction: Meaning of Confiscation of Property: Confiscation has been derived from the Latin word confiscare which means “to consign to the fiscus” in simple words which mean “transfer to the treasury.” It is a legal form of seizure by any public authority or government. Meaning of Forfeiture of Property: In simple words, forfeiture means the […]

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Is there any Legal Remedy if My Builder has taken Money from Me Without Completing the Building on Time in West Bengal

Introduction: Some Important Points about the Delay in Possession: Any person such as home buyer can bring action against the builders or developers if they fail to complete the building on time. There are different provisions under Indian laws such civil, criminal and consumer laws which can be used by the home buyers or any […]

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Real Estate Help

Can Property Title Be Claimed Through Adverse Possession In India

Introduction: Adverse Possession: Any person who gains title to a property of another person or individual through legal aid by actual, open, hostile and so on for a period prescribed by state law. Here, the person who is gaining the title in another person’s property excludes him from his property wholly or partly where he […]

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Real Estate Help

Can Senior Citizens Evict Children From their Property in India

Introduction: Meaning of Senior Citizen:  Any persons or individuals who are more than sixty or sixty-five years of age are considered senior citizens. In other words, any persons or individuals when crossing the age of sixty or sixty-five mostly retire from their workforce due to their ageing and they are considered as senior citizens. Senior […]

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Ten reasons why you should get your Will registered in India

Introduction: Will is a legal document so that in the absence of a particular person, the person mentioned in the Will owns all of his or her property. The person who executes the Will can withdraw or modify the document in his or her lifetime. Will is important because the document always acts as a […]

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Real Estate Help

Various Property Rights of Women in India

Introduction: According to the Indian constitution, there is no difference between men and women. In every sphere of life, women have the same and equal rights as men. In the early days, Indian women did not have any rights over the property. In contemporary society, married Indian women had limited rights to their parental property, […]

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Real Estate Help

Ten steps to sell your property in India

Introduction: How to sell a property is a prime concern for most of the sellers in India. Selling a property is not a very complicated issue, although it requires four to six months on an average to complete the whole procedure. It may take more than a year to sell a property in a low […]

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NRIs Guide for Property Registration in India

Introduction: If you are an NRI and thinking about buying a property in India, then it is very much needed for you to get the right information about the NRI property registration process in India. The better you know about property registration, the better you will be able to make decisions on it. For an […]

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Concept of Will under Muslim Law in India

Introduction: Like Hindu law, Islamic law also has different ways of transferring property. In Islamic law, a Muslim person can give his property as a gift or by means of a Will to his preferred person. After the death of a Muslim person, his or her whole property has to be divided equally to his […]

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Attachment of Property under Execution Proceeding in India

Introduction: Each and every civil suit has three stages such as:- Institution of the suit, Adjudication of suit, Implementation of the litigation. The implementation of the legal action or litigation is to put the consequences of the adjudication into action and so, this stage is known as execution. This process gives effect to the judgement […]

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What are the Conditions of Sale by Auction of Movable Property in India

Introduction: Meaning of Sale by Auction:- A sale by auction is a sale where different individual offer bids for the property and try to outbid each other. The auctioneer marks the completion of auction sale by the fall of the hammer and then the property or goods are given to the purchaser or the highest […]

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Digitization of Land Records and Impact on Disputes in India

Introduction: The National Land Records Modernization Programme (NLRMP) came into force in 2008 and now this programme has changed to Digital India Land Records Modernization Programme (DILRMP) which came into force from 01st April 2016. This programme has the following elements:- (i) Computerization or digitization of land records;  (ii) Survey and resurvey and updating of […]

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When is a Co-Owner Legally Competent to Make a Transfer of Property in India

Introduction: Meaning of Co-owner: Co-owner simply means two or more persons holding a title or share to the same property. What are the types of co-ownership? Tenants in Common:  When two or more person buy a property ( Co-owners ) and they do not specifically mention the share for each other, there “tenancy-in-common” comes into […]

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What are the Remedies Against Unfair Practices of Builders and Real Estate Developers in Kolkata

Introduction: The real estate industry has become the most important and flourishing industry in Kolkata in recent years. There are a large number of builders and developers in Kolkata because the demand for residential and commercial property is increasing day by day. This demand itself has created unfair practices between builders or developers and buyers. […]

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Real Estate Help

What to do if Property Document Gets Destroyed in a Fire

Introduction: Summary of property documents lost or destroyed: Property documents can get destroyed by different natural calamities and human activities among them fire destruction is the worst. These losses include sensitive personal documents or other documents like the documents of properties or assets. There are different procedures to get back the property documents which are […]

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Real Estate Help

Do Co-Operative Housing Societies Come Under Right to Information Act (RTI) in West Bengal?

Meaning of RTI: The full form of RTI is Right to Information. Right to Information means that any citizen of India can get or request for information from the departments of state and central government and also from officers and receive such information. The RTI Act has mandated a time period for which specific information […]

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Real Estate Help

What is the legal Formality to be Carried Out After a Person is Dead in India

Introduction: Life and death are both like two sides of a coin. One who has got life will die one day and this is the rule of the earth. There are various legal formalities to be carried out after the death of an individual or person. The legal heir or legal representative must carry out […]

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Real Estate Help

Modes of Attachment of Property in India

Introduction: The judgement-debtor holding the property over which he has the right to get profits and has disposing power which he may use for his benefit is liable to attachment and sale in execution of a decree. The properties which are liable to attachment are lands, houses and other buildings, money, goods, banknotes, promissory notes, […]

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Can a Police Officer Seize any Property in the Course of an Investigation

Introduction: The Code of Criminal Procedure, 1973 provides section 102 as follows: Power of police officer to seize some property: “(1)  Any police officer who is competent to seize under the Act can seize any property which may be suspected or alleged to have stolen or found under circumstances which create suspicion of the commission […]

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How Delivery of Property Takes Place in India

Introduction: The act of delivering or transferring a deed or yielding possession or control of something to another is known as delivery. The act of delivery may be in the form of words or acts and delivery can be conditional or absolute. Delivery: Different ways in which property can be delivered under the Transfer of […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]