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Transfer of Property Laws

 > Transfer of Property Laws

Legal Remedies available to a Homebuyer under the Real Estate (Regulation and Development) RERA Act, 2016

The real estate industry has been a serious affair for people who search for a risk-free investment. The real estate (Regulation and Development) RERA Act, 2016 addresses various grievances and tries to bring transparency in the real estate industry. The act has thus prescribed for the formation of the Real Estate Regulatory Authority in each state for promoting the interest of the buyers and to resolve their grievances. Any aggrieved homebuyer can file a complaint with the respective state regulatory authority for any violation under the Real Estate (Regulation and Development) RERA Act. Following are the legal remedies available to...

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Lodging a Complaint under the Real Estate (Regulation and Development) RERA Act, 2016

The Real Estate (Regulation and Development) Act, 2016 provides a forum to the buyers (allottees) where they can seek redressal of their grievances which often arise due to the misconduct of the builder/promoter or sometimes, the real estate agent. Prior to the enactment of this Act, home buyers were forced to seek redressal via consumer forums or civil courts. This Act not only addresses the grievances of the buyers but also acknowledges difficulties faced by the builders and promoters from time to time due to various reasons. Advantages of lodging a complaint under RERA One of the most common...

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Legal Remedies available to a Homebuyer if the Builder is Refusing the Registration of Property

The Real estate sector is jam-packed with legal obligations that are imposed on the builders and promoters. When a homebuyer purchases a flat or an apartment from a builder, the main aim behind such purchase is to acquire the legal title and ownership of the property from the builder so that the said property is truly theirs. One of the most important aspects of any execution of a sale/conveyance deed is its registration. A buyer must always get the sale/conveyance deed registered under his/her name in order to avoid future conflicts regarding the title of the flat. There are many...

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Legal Remedies available to a Homebuyer if the Builder is Illegally Constructing Additional Floors on the Property

There have been numerous incidences where developers arbitrarily amend the real estate project plans to seek greater profits. Reducing carpet area, constructing additional floors, changing the building layouts are some of the ways in which builders try to seek greater profits from one single project. However, buyers are not helpless if they encounter such situations. There are various legal remedies available to a home buyer when a builder arbitrarily constructs additional floors and make changes in the sanctioned plan. Can a Builder/Promoter Construct Additional Floors? A builder, promoter, or realtor can construct additional floors. However, before proceeding with the construction,...

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Effects of COVID-19 on Home Buyers and Real Estate Developers: Lawyers Advice

The real estate sector has been coping with a decelerating economy, credit crunch and growing inventories for quite some time, and the COVID-19 pandemic has only made matters worse. The nationwide lockdown, that came as a result, has stopped most activities relating to construction and has seen labourers planning to or having already gone back to their villages. This would obviously lead to a shortage in labour for quite some time and can further delay the recovery progress for such a sector. The reduction in demand in the residential sector has already cut project launches, housing sales and price growth in...

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Settlement Deed & Transfer of Property by a Non Resident Indian (NRI)

A Non Resident Indian (NRI) who have left India and/or are either staying abroad or have obtained the citizenship of a foreign country have their immovable properties and/or real estate in India. The said immovable properties or estates are in the form of either a joint ancestral property (which is being inherited) and self-acquired properties (which is/are self-purchased or self-owned) respectively. In case of the self-purchased/self-owned properties there exists no problem with respect to any share and/or partition as the same is the absolute property of the person or the Non Resident Indian (NRI) in the present case whereas when the...

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Execution of Documents for the Transfer of Property in India by a Non Resident Indians (NRI)

The laws relating to sale and transfer of property i.e. immovable property or the real estate are very clear, however, the Non Resident Indians (NRI) who are not residing in India and are staying abroad find it difficult to understand the Property Laws or the Real Estate Laws of India and execute necessary documents with respect to the sale and transfer of their property which includes a fractional transfer of share. Transfer of Property as Gift or by Relinquishment way of Love & Affection which generally happens between the legal heirs including the agnates and cognates:The transfer of property under this...

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Legal Steps for the Eviction of Tenant by a Non Resident Indians (NRI)

The laws relating to the Rent & Tenancy varies from State to State and every State in India has their own laws with respect to Rental & Tenancy of properties.Five Step guide for the Eviction of Rowdy & Unruly Tenants which can be undertaken by the Non Resident Indians (NRIs) in order to get their properties vacated in India are: Step-1: Sending Legal Notice to the Tenant for the Eviction of the Property- The landlord i.e. the Non Resident Indian (NRI) can send a legal notice to the Tenant whereby he can demand the vacation of the tenanted premises and...

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Justifiable Reasons for the Eviction of Tenant by a Non Resident Indians (NRI)

According to the Indian Rent laws, the rights of a landlord in India permit the landlords to evict their tenants provided there is a legitimate and justified reason for such an action. Many Indian states have declared the lawful basis of eviction for tenants in India. Furthermore, the laws relating to the Rent & Tenancy varies from State to State and every State in India has their own laws with respect to Rental & Tenancy of properties. It is often easy to find a tenant in India and this is one of the most convenient ways for the Non...

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Non Resident Indians (NRI) & Partition of their Ancestral Property in India

A Non Resident Indians (NRI) who have left India and/or are either staying abroad or have obtained the citizenship of a foreign country have their immovable properties and/or real estate in India and the same can be in the form of ancestral property which a person inherits. “Partition” is a process by which ownership of property among the family members is managed. When there is/are more than one owner of a property, it is known as “joint property”. Joint ownership in the property creates many problems to the owners of the property and for the Non Resident Indians (NRI) it...

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