10 June

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Laws & Compliances for Incorporating a Company in India by an Non Resident Indian and/or a Foreign National

in Case Study, Criminal lawyer, Legal Advice, Startup Lawyers

The professional team of Advocates & Lawyers of www.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is aNon Resident Indian (NRI) living in California (USA) and had approached us...

07 June

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Scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013

Posted by 360 Digital

in Criminal lawyer, High Court, Legal Advice, Startup Lawyers

The Government of India enacted Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act in 2013 for protection, prevention, and redressal of women against sexual harassment at workplace.The Act defines sexual harassment in line of Vishakha’sjudgement i.e. Vishakha vs. State of Rajasthan. Sexual harassment includes any unwelcome sexually tinted behaviour, whether directly or by implication, such as advances or physical contact, demand or request for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non verbal conduct of sexual nature. Other circumstances or behaviour which may amount to sexual harassment are implied...

02 June

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REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) INVESTMENT BY FOREIGN NATIONALS AND NON-RESIDENT INDIANS

Posted by 360 Digital

in Criminal lawyer, High Court, Legal Advisor, Startup Lawyers

A foreign national is any person who is not a national of the country in which he or she is residing and NRIs are overseas Indians, officially known as Non-Resident Indians or Person of Indian origin, are people of Indian birth, descent, origin who lives outside the Republic of India. An NRI or person of Indian origin (PIO), as defined in FEMA and as stated above, can acquire by way of purchase, any immovable property in India, other than agricultural land/plantation property/farm house. This is under a general permission that has been given by the Government of India. However, no person...

01 June

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REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) AND ITS IMPLICATIONS ON CONSUMERS AND HOME-BUYERS

Posted by 360 Digital

in Criminal lawyer, High Court, Legal Advice, Legal Advisor

The buyers have had problems such as the delay in possession, transfer of the deed or poor quality projects and much more and the builders are not held accountable for their actions or lack thereof. To ensure the timely possession of the properties the Real Estate (Regulation and Development) Act of 2016 (RERA) has made some provisions. RERA has been introduced mainly to protect the interest of consumers and property buyers The Act prohibits unaccounted money from being pumped into the sector and as of now 70 percent of the money has to be deposited in bank accounts through cheques is...

01 June

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REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) AND ITS EFFECT ON BUILDERS, DEVELOPERS AND REALTORS

Posted by 360 Digital

in Criminal lawyer, High Court, Legal Advice, Startup Lawyers

Impact of the Real Estate (Regulation and Development) Act of 2016 (RERA) on builders, developers and realtors (a person who acts an agent for the sale and purchase of buildings) includes the following: 1] Under RERA builders are mandated to register critical information regarding the project which includes layout, promoter details, land title status, statutory approval status, agreements, and details of the brokers, architects and contractors. Failure to register this information will lead them to penalties. 2] They are bound by a five-year agreement with the buyer for quality assurance. This means that within five years of selling a property if construction...

31 May

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ILLEGAL TRANSFER OF PROPERTIES IN INDIA AND IT’S LEGAL REMEDIES

Posted by 360 Digital

in Legal Advice, Legal Advisor, Startup Lawyers

Illegal transfers of property or mutation are disputes which are quiet often faced by Non-Resident Indians, which has caused a lot of growth in civil lawsuit in India. One must always establish a clear title of property in order to have stake over the ownership and also to avoid fraud. There are two basic ways in which transfer takes place, i.e., through a Will document or in absence of a Will, through law of natural succession. Also, if the owner is alive and is consenting to hand over his property, it can be done through a Gift deed, which is lawful....

28 May

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REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016(RERA) AND ITS IMPLICATIONS

Posted by 360 Digital

in Criminal lawyer, Legal Advice, Startup Lawyers

The Real Estate (Regulation and Development) Act, 2016 here after referred to as ‘RERA’ is an act of the Parliament of India which seeks to promote the house-buyers as well as to boost investments in real estate industry. The Central and state governments are liable to notify the Rules under the Act within a statutory period of six months. The Real Estate Act makes it mandatory for all commercial and residential real estate projects where the land is over 500 sq.mtr, or eight apartments, to register with the Real Estate Regulatory Authority (RERA) for launching a project, in order to provide...

27 May

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REGISTRATION OF PROPERTY IN INDIA

Posted by 360 Digital

in Criminal lawyer, Legal Advice, Startup Lawyers

property registraion in india,,real estate lawyers in Delhi- canada,real estate lawyers in Gurugram-Toronta,real estate lawyers in Noida-Calgary

When a valid sale of a property takes place, it comes with certain compliances. For a valid sale of property, it must come with a valid sale deed or agreement and in order to give such sale deed a valid essence, it must be registered as per the Registrations Act, 1908. The registration of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. As per the Section 17 of the Registrations Act, 1908, all transactions involving sale of an immovable property for a value exceeding Rs. 100, should be...

24 May

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SALE OF IMMOVABLE PROPERTY IN INDIA

Posted by 360 Digital

in Criminal lawyer, Legal Advice, Legal Advisor, Uncategorized

Real Estate Lawyer in canada,,transfer of immovable property outside india,transfer of immovable property in india by nri

Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid or partly promised under Section 54 of the Transfer of Property Act OF 1882. For a sale to be a valid sale, it must cover the essential elements as prescribed under Section 54 of the Transfer of Property Act 1882. These elements are as follows:- Parties- In a sale, there has to be a buyer and a seller. Both of these parties must be competent to enter into a contract as per the Indian Contract Act. Subject Matter-...

24 May

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TRANSFER OF IMMOVABLE PROPERTY IN INDIA BY NON RESIDENTS INDIAN (NRI) AND FOREIGN NATIONALS

Posted by 360 Digital

in Legal Advisor, Uncategorized

The procedure and regulation for acquisition and transfer of immovable property by Non-Resident Indians (NRIs) is governed by Foreign Exchange Management Act, 1999 (FEMA). The Reserve Bank of India has been empowered under Foreign Exchange Management Act, 1999 (FEMA) to frame regulations for restricting, prohibiting and regulating the acquisition or transfer of immovable property in India by Non- Resident Indians. As per the direction of the regulations, a person residing outside India who is a citizen of India, Non-Resident Indian (NRI) or Person of Indian Origin (PIO) can acquire by way of purchase, any immovable property in India, other than...

Laws & Compliances for Incorporating a Company in India by an Non Resident Indian and/or a Foreign National

Scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013

REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) INVESTMENT BY FOREIGN NATIONALS AND NON-RESIDENT INDIANS

REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) AND ITS IMPLICATIONS ON CONSUMERS AND HOME-BUYERS

REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) AND ITS EFFECT ON BUILDERS, DEVELOPERS AND REALTORS

ILLEGAL TRANSFER OF PROPERTIES IN INDIA AND IT’S LEGAL REMEDIES

REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016(RERA) AND ITS IMPLICATIONS

REGISTRATION OF PROPERTY IN INDIA

SALE OF IMMOVABLE PROPERTY IN INDIA

TRANSFER OF IMMOVABLE PROPERTY IN INDIA BY NON RESIDENTS INDIAN (NRI) AND FOREIGN NATIONALS

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