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Real Estate Help

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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Real Estate Help

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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Real Estate Help

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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Real Estate Help

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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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 […]

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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 […]

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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 […]

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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 […]

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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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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Legal Article Real Estate Help

NRI Real Estate Investment Opportunites and Concerns

The Indian real estate market continues to grow rapidly. There is a positive sentiment flowing throughout the country and the real estate market is riding the wave. According to the World Investment Report by United Nations Conference for Trade and Development, India is currently ranked fourth in Asia for FDI inflows in 2016. Indian real estate […]

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Legal Article Real Estate Help

Developers do not Have to Maintain Flat or Apartment after Registration is Completed

Developers do not Have to Maintain Flat or Apartment after Registration is Completed and Property Handed Over The Calcutta High Court in Merlin Tf Lake View & Ors vs Ruchir Jain & Ors on 26 August, 2015, held that: “Once the apartments are constructed and registration is completed, we fail to understand how the maintenance charges […]

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Legal Article Real Estate Help

New Changes to Thika Tenancy in West Bengal

In continuation to the earlier analysis of thika tenancy in West Bengal : https://advocatechenoyceil.com/2013/07/13/deconstructing-west-bengal-thika-tenancy/ It has now come to light that the current West Bengal government is trying to bring a one window mechanism to help thika tenants and bharatias regulate their holding. Under the new law, the thika tenants or bharatias will not require the […]

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Legal Article Real Estate Help

Co-operative Society cannot Charge Fee or Raise Donation to Approve Transfer of Property

According to the latest update in the FAQs by the Department of Cooperation, the cooperative housing society cannot charge any fee or donation for transfer of membership from the transferor/member. This is the latest update from the previous position, where, the society could charge upto 0.5% of the sale value in terms order no. 2522 dated […]

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Legal Article Real Estate Help

Separately Selling Car Parking Space Illegal

Today, most developers are selling stilt car parking separately but it is illegal as held by the Supreme Court. Common areas cannot be sold by the Builder/Promoter but the Co-operative Society can regulate such spaces to allow parking to the members of the society. The Supreme Court in Nahalchand Laloochand Private Limited v. Panchali Cooperative Housing […]

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Legal Article Real Estate Help

Forming Apartment Association under Apartment Ownership Act West Bengal

An apartment or a flat is a self contained housing unit that forms part of a building. Under West Bengal Apartment Ownership Act, 1972, (the Act) Section 3(a), an apartment means a property that has direct exit to a road or to a common area leading to such road and the apartment along with common […]

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Legal Article Real Estate Help

How to Transfer Land, House or Apartment in West Bengal Co-Operative Housing Society and Take Action if Society Denies Transfer

Steps to Transfer To transfer house, land or apartment in Co operative society in West Bengal you need permission of the Society as provided under Rule 131 (3) of the WBCS Rules 2011 r/w Section 92 of the WBCS Act 2006. However, if the Society is asking for donation amount more than 0.5% (prescribed under […]