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Laws Related to Registration of Property Transacti...

In the case of immovable property, mandatory registration of property purchase and sale documents are essential ensuring proof of ownership, fraud prevention and assurance of title.Under The Indian Registration Act, there is legislation for property registration in India known as the law of registration of documents that makes it a mandatory requirement to register key documents for the recording of evidence, fraud prevention and assured title transfer. Property Documents Necessitating Mandatory RegistrationRegistration of property or property registration in India in accordance with Section 17 of the Registration Act, 1908, is mandatory in case of transactions involving immovable property sale for an amount in excess of Rs. 100. What this essentially means is that all immovable property sale transactions must be registered since a mere Rs. 100 cannot possibly be the purchase price of immovable property. Furthermore, a gift of immovable property, as well as lease for a period in excess of 12 months are essentially transactions that require registration.In special circumstances, if any of the parties to the transaction is unable to be physically present at the sub registrar's office, then, in that case, any of its officers may be deputed by the sub-registrar for acceptance of the registration documents at the buyer’s residence. Included in ‘immovable property’ are land, buildings and any attached rights to these classes of properties.Procedure and Documents Required for Registration of PropertyAs registration of property documents are mandatory it's worth knowing what the procedure for registration of property entails. Firstly, the documents have to be submitted to the office of the Sub-Registrar of Assurances within the jurisdiction of the location of the transferrable property by the property lawyer. Thereafter both the authorized signatories of the seller and the purchaser, need to be physically present with their proof of identities including Aadhar card, PAN card or any other government authority issued ID proof along with two witnesses, for the purpose of registration of property documents.All designated authorized signatories ought to produce the power of authority if in case they are representing someone on their behalf.  If however, in the case of a company the company is one of the parties in the agreement, the company representatives ought to have all necessary documents with them including the letter of authority, and along with that a copy of the company board’s resolution granting authority to execute the registration. The designated authorized signatory ought to show the property card to the sub-registrar and in addition to that all original documents and proof that stamp duty has indeed been paid. Prior to registration of property documents, verification would be done by the sub-registrar as to whether or not the required stamp duty for the property has been paid, according to the ready reckoner for stamp duty.  Any deficit in the stamp duty would result in the registrar declining registration of property documents. Time Limit and Fees to be Paid for Property Registration ?All documents that need mandatory registration ought to be presented by the property lawyer no later than 4 months from their execution date along with the prescribed fee. In the case of expiry of the time limit, an application can be made to the sub-registrar to condone the delay, and that with an extension of time of another 4 months the registration of property documents would be submitted to the sub-registrar within that time. The registrar may consent to register documents that missed the registration deadline for a hefty fine of up to ten times the actual registration fee. For the registration of property documents, the fee is 1% of the property’s value, capped at Rs 30,000.Previously, presenting registration of property documents for registration of property would result in returning the documents to the sender after six months. Nonetheless, with the sub registrar's offices being computerized, the documents with the registration number and proof that the registrar has indeed completed the registration are first scanned and then returned to the sender on the very same day.Consequences of Non-registration of PropertyIf the property purchase agreement remains unregistered then it could be very risky for the buyer of the property. Since it’s mandatory for all documents to be registered but if they remain unregistered then those unregistered documents cannot be presented as proof in a lawsuit.  

Posted By

Avik Chakravorty

23 hours ago

How to File for Mutual Consent Divorce: Step by St...

According to the Indian Legal system, the divorce procedure or process of divorce basically starts as soon as the divorce petition is filed. The way the divorce procedure in India in its entirety works is with the initiation of the filing of the divorce petition by either party to the divorce suit and serving of notice to the other party.If the relationship between the parties has hit rock bottom and both the spouses have jointly made a decision to split according to the law of the land, then either party can initiate ‘mutual divorce’ according to the Hindu Marriage Act, 1955. Either party can file for divorce even if any one of the parties is unwilling to file for divorce and is widely known as ‘contested divorce’. How to file for Mutual Consent Divorce?Section 13B of the Hindu Marriage Act, 1955 is related to the provision of mutual consent divorce and there is a preset divorce procedure to file for a mutual consent divorce mentioned in section 13B. To file a mutual consent divorce petition there is certain steps/procedure to follow as well as requirements that need to be fulfilled and they are as follows: 1. Filing a petition First and foremost, both spouses have to seek a decree of divorce by presenting a joint petition for dissolution of marriage to the family court through a divorce lawyer based on the fact that they have been living apart for a period of a year or more. They may also disclose that living together as couples did not come to fruition and therefore there has been a mutual agreement for dissolution of the marriage. Both parties would have to sign the petition.  2. Appearing before Court and scrutiny of the petition Both parties would have to be present at the family court with their respective divorce lawyer after the petition has been filed. What the court would do is analyze the petition with all the filed documents. The court may even try and reconcile any differences or patch up the strained relations among the parties, although if it's irreconcilable then the divorce case would continue until it reaches its logical conclusion.  3. Order for the recording of statements on oath After the court analyses the petition and it's satisfactory the courts may order the statement of the parties to be recorded under oath. 4. Order on First Motion and elapsing of a period of 6 months prior to Second Motion With the recording of the statements, the court passes an order on the first motion. After this step, a 6 months’ time period is allotted to both parties to divorce prior to filing the second motion. The maximum time period for the filing of a second motion is 18 months from the date the divorce petition is presented in the family court by a divorce lawyer, the only exception being withdrawing the petition unless the petition is withdrawn meanwhile.5. Second Motion and Final Hearing of the MatterWith the decision made to forge ahead with the divorce procedure and be present for the second motion, they can certainly do so and get on with the final hearing. Involved in this step are parties being physically present and statements recorded at the Family Court. Recently, though, the Supreme Court has upheld that the 6 months’ time period that the parties get can be waived off if the courts so wish to. Therefore, in instances of parties genuinely settling their marital issues including alimony, custody of the child or any other pending issues among the parties the cooling-off period of 6 months can be waived off if the courts decide that the waiting period of 6 months would only make them more miserable. Within the period of 18 months, if the second motion is not made, the court will not order any decree of divorce. It's an established law that consent can be withdrawn by either party at will prior to the courts ordering of the decree.6. Decree of Divorce?Both parties in a mutual consent divorce would have to be consenting to get a divorce fair and square without any bone of contention between the parties about alimony, child custody, maintenance, property, and so on. Therefore, a comprehensive agreement among the parties is required for the marriage to be dissolved. After the trial if the court is convinced about the truthfulness of what has been alleged in the petition and that there isn’t an iota of the probability of reconciliation or cohabitation, the courts would then pass a decree of divorce making the divorce final and declaring the marriage as dissolved according to the facts and situations of the case. You may have been unsure as to how to file for divorce or what the exact steps are. However, after reading this blog you would be more informed of the divorce procedure. So, go ahead and retain a good divorce lawyer to get a divorce. 

Posted By

Avik Chakravorty

2 days ago

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K Mondal

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Admiralty and Maritime
  • Military Laws
  • Civil
  • Criminal
  • Divorce
Deals in any kind of Armed Forces Tribunal (Court Martial, Disciplinary Proceedings, Disability Pension, Round Off, Transfer etc), Writ, Civil, Criminal, Property, Company C.A.T, S.A.T etc matters. View Full Profile
Total Answers Given : 2
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naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Admiralty and Maritime
  • Civil
  • Banking
  • Consumer Protection
  • Cheque Bounce
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
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Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Admiralty and Maritime
  • Arbitration and Mediation
  • Aviation
  • Corporate And Incorporation
  • Debt And Lending Agreement
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile
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SUBRATHA RAY

Legal Counsel , Lawyer
Exp
Delhi , Delhi

Specialization

  • Admiralty and Maritime
  • Criminal
  • Sexual Harassment at Workplace
  • Divorce
  • Banking
Practicing Lawyer & mastering the law skills in the field of Criminal & Civil Laws. Appointed for Pro Bono Legal Services by Ministry Of Law & Justice, (Department of Justice). Expertise in Bail's & Anticipatory Bails, Civil Cases, Divorce , Patent & Trademark &Copyrights Law, Legal Draftings. View Full Profile
Total Answers Given : 13
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Asha Bhuta

LAWYER, PROPRIETOR, PARTNER, MEDIATOR
Exp
Mumbai City , Maharashtra

Specialization

  • Admiralty and Maritime
  • Property
  • Arbitration and Mediation
  • Banking
  • Divorce
I AM AN ADVOCATE, ENROLLED WITH BOMBAY BAR ASSOCIATION SINCE 1993. I HAVE MY LAW FIRM BY THE NAME OF BHUTA & ASSOCIATES. I AND MY TEAM PRACTICE IN CIVIL LAW. WE SPECIALIZE IN PROPERTY, BANKING, CORPORATE, FAMILY AND MANY OTHER FIELDS OF LAW. INTEGRITY, SINCERETY AND DETERMINATION IS OUR MOTO. View Full Profile
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Harshad Rathod

Legal Counsel / Advocate
Exp
Pune , Maharashtra

Specialization

  • Admiralty and Maritime
  • Commercial
  • Contracts And Agreements
  • Arbitration And Mediation
  • Administrative Law
Second generation in the legal profession. I am practising legal counsel at HNR LEGAL which is a prominent law firm, having its head office in the city of Pune India. Our practise is before the Pune District Court, Bombay High Court , NCLT , NGT, Arbitration Tribunal Seated in India & Abroad. View Full Profile
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Vijay vikram Singh

Hi
Exp
Lucknow , Uttar Pradesh

Specialization

  • Admiralty and Maritime
  • Criminal
  • Animal Laws
For free advice View Full Profile
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Vishwabandhu Chaudhary

SENIOR LAWYER
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Admiralty and Maritime
  • Criminal
  • Privacy
  • Adoption
Criminal Cases Handel View Full Profile
Total Answers Given : 291
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Sunil Kumar Singh

Lawyer,Attorney,Solicitor
Exp
Kanpur , Uttar Pradesh

Specialization

  • Admiralty and Maritime
  • Contracts and Agreements
  • Commercial
  • Consumer Protection
  • Advertising
Prominent Lawyer,Experience to Assit Court of Justice , He has been providing services in various fields of law, including, but not limited to Civil, Criminal, Arbitration, Labour & Service Matters, Intellectual Property Rights, Trademark, matters relating to Property Law, Copyright, inter Thank View Full Profile
Total Answers Given : 242
Consult Top Admiralty and Maritime Lawyers in India

Manoj Kumar Singh

Lawyer
Exp
New Delhi , Delhi

Specialization

  • Admiralty and Maritime
  • Criminal
  • Civil
  • Adoption
  • Administrative Law
we are located in Delhi, we provide services all over Delhi , NCR in all Delhi courts Like High court of Delhi, Tis Hazari court Delhi, Karkardooma Court Delhi , Saket Court Delhi , Dwarka Court Delhi, you can contact us for all kinds of matters we have a team of associates lawyers and experts who. View Full Profile
Total Answers Given : 14
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  • What does "maritime law" or "admiralty law" mean?
  • Can a seaman sue his employer for the unseaworthiness of the vessel?
  • Can a seaman get maintenance and cure benefits at the same time he is suing his employer?
  • Who is liable to pay in case of the vessel meeting an accident?
  • What do I do in case my vessel meets with an accident?
  • What are the (local) laws that one should refer to as a seaman?
  • What should you do if you've just suffered a maritime injury?
  • What does "unseaworthiness" mean?
  • What is General Maritime Law?
  • Why hire a Maritime Lawyer?
  • If I file a maritime injury claim, will I be blackballed or blacklisted?

As per Black’s Law Dictionary, Maritime Law refers to the law governing sea or seaport bound actions conducted and commerce transacted. Registration, license, and inspection procedures for ships and shipping contracts, insurance and carriage of goods and passengers are included. Admiralty Law refers to the rules and orders of maritime law. This protects the ships and the sea from harm. Maritime treaties are drafted between international interests.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Maritime related queries and also guide you on how to resolve the matters with ease. What we can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Maritime related queries and also guide you on how to resolve the matters with ease. What we can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

About the Maritime and Admiralty Laws


Maritime and Admiralty laws are those laws which govern the life and affairs of the seamen both on water and near water meaning on high sea as well as on ports. Usually these are the laws which are looked at when a seaman is fairing on the sea with his ship and crew. They need these laws to ensure the proper regulations of the shipping industry and also to ensure that justice is done with the crew and seamen when any event occurs.

In 2017, India enacted a law which is now the paragon law in the field of admiralty and maritime laws. The Act is known as ‘The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017’ whose main aim is to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto.

The Act says that the provisions of the Code of Civil Procedure 1908 shall apply in all the proceedings before the High Court to the extent of them not being inconsistent with any of the provisions the Act. The Act also says that notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from any judgement, decree or final order or interim order of a single Judge of the High Court under this Act to a division Bench of the High Court.

What are the applicable laws to Maritime?


The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 repealed these following laws;

  • The Admiralty Court Act, 1840;
  • The Admiralty Court Act, 1861;
  • The Colonial Courts of Admiralty Act, 1890;
  • The Colonial Courts of Admiralty (India) Act, 1891; and
  • The provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.

Some important facts and cases about and under Maritime law


As per the act, every maritime lien shall have the following order of inter se priority, namely:-

  • Claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;
  • Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel;
  • Claims for reward for salvage services including special compensation relating thereto;
  • Claims for port, canal, and other waterway dues and pilotage dues and any other statutory dues related to the vessel;
  • Claims based on tort arising out of loss or damage caused by the operation of the vessel other than loss or damage to cargo and containers carried on the vessel.

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