Property

Apr 5, 2013Download as PPT, PDF0 likes344 views

This document lists various modes of acquiring property in India, including through auction sale, adverse possession, consent decree, court decree or sale, exchange, family settlement, gift, government or inam grant, inheritance, lease or license, mortgage, occupancy rights, partition, prescription, purchase, succession, survivorship, transfer, trust, and will or testament. It also provides contact information for a legal services organization.

• MYLAWHOUSE.IN
• mylawhouse@gmail.com
• mylawhouse@yahoo.com
• Ph:9833843250

This document lists the documents required to apply for N.A permission in Maharashtra under Sections 42-44-45-47 of the MLRC 1966. It includes documents like the title deed, 7/12 extracts, building plans, NOCs from various authorities, consent from adjacent owners, crops details, nil tenancy certificates, and a power of attorney. The processing time for such an application is estimated to be 6-9 months.

सातबारा म्हणजे काय?Sheetal Kachare

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भाग २ - अपील कामकाजSheetal Kachare

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Due diligence of land in maharashtraRohit Purandare

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The document provides tips for investigating clear title of a property before purchase. It recommends checking the following documents: - Recent 7/12 extract to understand ownership details, loans, tenants, land classification etc. - All mutations on the 7/12 extract to check for any changes in ownership. - Maps to verify the exact location and access to the property. - Checking for any reservations on the property. - Ceiling limits on land holding. - 6c certificate to identify all legal heirs. It also recommends verifying possession, searching sub-registrar records, publishing public notices, and ensuring important points are covered in the title deed.

Land DisputesSheetal Kachare

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1) The document discusses the history of land ownership in India from pre-historic times through the British colonial period and into independent India. 2) It notes that traditionally, land belonged to the king but individuals could claim ownership by clearing forests and cultivating the land. The British introduced new regulations while respecting old conditions. 3) Currently, there are over 4 crore pending land dispute court cases in India, involving around 8 crore parties, meaning resolution will take over 300 years at the current rate. Land disputes are a major source of court cases and criminal issues.

Mahabhulekh Maharashtra - 7/12 UtaraAsset Yogi

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Land RightsSheetal Kachare

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1) Village form No. 7/12 contains land record information including the Record of Rights and crop details for villages in Maharashtra. 2) The document discusses various aspects of land ownership, transfer, and inheritance under the Rayatwari system and different types of land occupancy. 3) It provides examples of common land transaction cases and discusses the appropriate decisions regarding mutation entries based on acts like the Transfer of Property Act, Registration Act, and Bombay Tenancy Act.

Due diligence real estateArun Prakaash

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This document outlines the various legal and regulatory considerations for conducting due diligence on real estate projects. It discusses organizing the project entity, modes of operation, project land information including ownership documents and maps. It also lists the various approvals, permissions and certificates required from town planning, environmental protection, labor laws and other authorities depending on the project location.

Mylawhouse brochure-151113Arun Prakaash

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The law firm provides consultation services related to real estate transactions including property purchase, sale, leasing, and mortgaging. They advise on applicable local laws and assist with necessary government approvals. The firm also represents clients in litigation regarding various land and property disputes before legal forums. They offer consultation on areas like identifying land, transaction documentation, due diligence, title investigation, development agreements, and property taxation issues.

Deposit of title deeds pptArun Prakaash

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An equitable mortgage can be created by merely depositing title deeds with a lender, without needing to prepare a written deed. However, if a written deed is prepared for the deposit, it must be executed and registered. While a memorandum of deposit need not be registered, noting is now mandatory under law for unregistered deed deposits in notified towns, except where the deed is registered. The stamp duty for equitable mortgages is 0.2% of the security amount.

Gift deed hindu lawArun Prakaash

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This document outlines the conditions for a valid gift deed under Hindu law, including that the gift must be voluntary, acceptance must occur during the donor's lifetime, no consideration is required, the gift can be of movable or immovable existing property and must be attested by two witnesses. It also notes the relevant sections of the Transfer of Property Act 1882 and requirements for stamp duty and registration for immovable but not movable property gifts.

General power of attorneyArun Prakaash

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This document is a general power of attorney for development purposes. It authorizes an attorney to act on behalf of and represent the executants for a wide range of activities related to a real estate development project. These activities include acquiring permissions from various authorities, handling legal and financial matters, overseeing construction, and managing the project until formation of a housing society. The power of attorney grants broad authority to the attorney to act on all matters regarding the specified property.

Agreement for saleArun Prakaash

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This document is an agreement for the sale of agricultural land in Maharashtra between unnamed parties. It outlines the land area and consideration being exchanged, payment terms including an earnest money deposit and balance sale price, and purposes for the land purchase and intended land uses. The document also includes representations and warranties from both the vendors and purchasers, provisions regarding title disputes, inspections, taxes, notices, assignments, dispute resolution, governing law, and execution of the agreement.

Gift mohammeden lawArun Prakaash

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Under Muslim personal law, there are three essential conditions for a valid gift: 1) The donor must intend to gift the property, either expressly or impliedly. 2) The donee must accept the property, either expressly or impliedly. 3) Possession of the gifted property must be delivered to and accepted by the donee, either actually or constructively. If all three of these conditions are met, the gift is valid and irrevocable under Muslim law.

ProbateArun Prakaash

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To apply for probate of a will, one must submit the original will to the Registrar General of the court along with an application and copy of the will. The application requires details like the testator's time and cause of death, that the writing is the last will, a schedule of property that comes to the petitioner, and the executor named in the will. It also requires the testator's fixed place of abode or location of property within the court's jurisdiction, details of property within and outside the state, the petitioner's oath, an attesting witness affidavit, provisions for caveats and affidavits, publication of citations to next of kin, inquiry into any contentions, termination of contentions, and payment

23 realestate laws-mahaArun Prakaash

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This document lists the major real estate laws applicable in Maharashtra, India. It covers transactional laws like the Indian Contract Act and Transfer of Property Act, land laws, registration and stamp duty laws, town planning laws, regulatory laws, laws around apartments and flats, tax laws, contract enforcement laws, labor laws, housing body laws, consumer laws, penal laws, and personal laws. The document provides contact information for a legal services firm that can provide assistance with real estate and property matters in Maharashtra.

leave and licencseArun Prakaash

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21 inam laws-arunArun Prakaash

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The document discusses several land reform acts passed in Maharashtra between 1949-1969 that abolished various feudal land tenure systems. These acts vested lands that had been under different types of inams and watans, like Paragana/Kulkarni Watan, Bhil Watan/Mahar Watan, and Deosam Watan, back to the government. The acts fixed appointed dates and occupancy prices for regranting the lands to existing occupants on a new tenure system that was non-transferable and impartible but enjoyed hereditarily. Divisional commissioner approval was required for purchasing or selling new tenure land, and revenues were to be paid for agricultural usage while nazrana was due for non-ag

19 land purchase processArun Prakaash

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The document outlines the land purchase process in India. It involves identifying the land parcel, confirming the land use zone, preparing a termsheet, paying an advance token amount, entering an agreement for sale with terms and conditions, conducting due diligence, curing any defects or encumbrances, completing the payment, getting necessary permissions, executing the sale deed, paying stamp duty, registering the deed, and mutating the property records. It also discusses options in case of a breach of contract such as filing suits for specific performance, injunction, or damages.

17 development agreementArun Prakaash

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This document outlines the terms of a development agreement between owners and developers for a property. It defines responsibilities for both parties regarding development and construction of the property according to agreed plans, schedules for payment, and consequences for default or breach of contract. It also includes standard clauses around warranties, representations, notices, dispute resolution and more.

Boilerplate clausesArun Prakaash

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This commercial contract document outlines standard boilerplate clauses including dispute resolution, notices, amendments, assignments, waivers, partnership, indemnity, force majeure, confidentiality, non-compete, severability, time being of the essence, specific performance, liquidated damages, further assurances, entire agreement, agency, governing law, jurisdiction, costs and expenses, being read and understood, counterparts, execution sheet, schedules and annexure. It also provides contact information for legal assistance.

15 land disputes in indiaArun Prakaash

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This document outlines many types of land disputes that occur in India, including disputes among family members over oral or written partitions; disputes over title deeds, boundaries, and possession; claims of easements or rights of way; illegal or improper land transfers; disputes resulting from partition suits or acquisition; and disputes involving unpaid taxes, mortgages, partnerships, or forged documents. Resolving these various types of disputes over ownership and rights to land is an ongoing challenge in India.

Mutation process mahaArun Prakaash

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The document outlines the mutation entry process for agricultural land in Maharashtra. It involves changes being reported to the Talathi for any type of land acquisition like succession, inheritance, or court orders. The Talathi acknowledges the report and publishes a public notice. If no objections are received within 30 days, the mutation entry is recorded. If objections are received, disputed cases are decided by a Revenue Officer within a year before changes are made.

712 record of rightsArun Prakaash

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The document outlines the details recorded in the Village Form (VF) VII and VF XII under the Maharashtra Land Revenue Code 1966. VF VII records property details like survey numbers, land classifications, crop types, area measurements, revenue amounts, ownership and tenancy information. VF XII records annual crop production information like area under different crops and irrigation sources. The 7/12 extract is issued every 10 years and serves as proof of land possession for availing government schemes, though it does not establish legal title to the land.

Articles of association 3009Arun Prakaash

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This document outlines the articles of association for a company. It defines terms, establishes the company name and purpose, addresses share capital structure and shareholder rights. It also covers management and board structure, meetings, director appointments and compensation, policies on share transfers, accounting practices, voting procedures, an exit mechanism, valuation methods, confidentiality agreements, dispute resolution, winding up the company, and amendments.

Contract draftingArun Prakaash

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This document outlines the standard clauses in a contract, including the names of parties, definitions, terms of agreement, obligations, warranties, dispute resolution, amendments, governing law, schedules, and execution. It provides guidance on drafting contracts by listing key components such as recitals, operative parts, termination conditions, indemnification, and other standard legal clauses.

Structure of commercial contract arunArun Prakaash

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This document outlines the typical structure and components of a commercial contract, including identifying the parties, defining terms, outlining obligations, addressing validity, termination, dispute resolution, standard boilerplate clauses around things like amendments, costs, confidentiality, governing law, and schedules. It provides the framework and sections one would expect to see in a commercial contract.

Building permission mumbaiArun Prakaash

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To obtain building permission in Mumbai, one must identify the project land, check the development plan and regulations, procure the land and develop an agreement. They must get consent from stakeholders, apply for NA permission, prepare layout/building drawings and structural drawings, submit drawings to the building proposal department, address any disapprovals, procure various approvals, and obtain permissions from departments like labor, coastal regulation, environment, fire brigade, and more. After construction, one must obtain a completion certificate, occupation certificate, form a housing society, and complete other paperwork before leaving the project.