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Property Disputes

Property disputes are a common occurrence in India. Some of the important topics are Will, Probate of Will, Disputes with Promoter, Agreement before buying a Flat, Deed of Settlement, Delay in Transfer of Possession, Fraud by Land/Flat seller. Also proper use of Legal Instruments like – Power of Attorney, Injunction, Registration/Mutation of Property are crucial. Timely Legal Succession/Partnership of Property is very much helpful.

 

Some Common Property Disputes

  1. Creation and purpose of Will; why Probate is important?

    “Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. “Probate” means the copy of a Will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator.

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  2. Caution points to look before signing an Agreement with Promoter.

    The one sided agreement signed by the Purchaser often makes him helpless. Timely insertion of some basic clauses will strengthen the consumer in future course.

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  3. Legal Points to be checked before buying a Flat.

    Often the Apartment purchase is the first biggest investment in one’s life. Still we forget to take legal advice before will face some trouble. The Transfer of Immovable Property attracts certain rules so do the ownership of an apartment. Knowing the Legal basics often saves a lot of time and money.

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  4. What is “Deed of Settlement”.

    However the “Deed of Settlement” may also solve some issues, which a “Will” may not serve. However the use should be proper with the knowledge of the consequence.

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  5. Fraud by Land/Flat seller.

    We can safeguard our self from the wrongdoers by knowing and implementing proper legal measure before plunging. Even after facing the fraud the hasty decision often makes things worse.

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  6. Delay in Transfer of Possession for Flats.

    Delaying the Possession is one of the most happening difficulties in the purchase process of any apartment in India. The knowledge of the steps which a buyer may take, in case of delay, is often helps.

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  7. Legal Succession/Partnership of Property.

    Knowledge of acts and rules of intestate succession helps to avoid misunderstanding and confusions in case of sudden demise of our family members.

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  8. Power of Attorney-Proper use.

    The registration of the document is not compulsory. According to the Power of Attorney Act 1882, power of attorney ‘includes any instrument empowering a specified person to act for and in the name of the person executing it’. There are two kinds of powers of attorney: General & Specific. Under the Indian Evidence Act Notary public is empowered to authenticate the documents.

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  9. Injunction and Its effect.

    Injunctions often give the applicant time to get the proper remedy. If used judiciously this is a very effective way to stop a damage beforehand . An injunction is a Judicial Remedy prohibiting persons from doing a specified act called a restrictive injunction or commanding them to undo some wrong or injury called a mandatory injunction and may be either temporary, interim or interlocutory or permanent.

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  10. Registration/Mutation of Property.

    Any Transfer of Property has several steps. It is often done without proper legal advice. It is mandatory for the sale deed of all high value property transactions to be registered at the regional sub registrar’s office of the local municipal authority. Thereafter, the buyer has to apply for mutation, which involves a change in the title records to incorporate the name of the buyer of the property. In order to complete the transfer of property, it is mandatory for the seller to furnish or arrange a valid “certificate of completion” issued from the local municipal authority to the buyer.

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