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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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Consult Top Advertising Lawyers in India

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anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Advertising
  • Property
  • Adoption
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
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Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Advertising
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
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Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Advertising
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 9
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Ambuj Gupta

Advocate
Exp
Delhi , Delhi

Specialization

  • Advertising
  • Civil
  • Banking
  • Cheque Bounce
I am practicing since three and half years,mostly with civil and criminal cases. View Full Profile
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Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Advertising
  • Civil
  • Adoption
  • Animal Laws
  • Aviation
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Rhea Luthra

Independent Practising Lawyer
Exp
South Delhi , Delhi

Specialization

  • Advertising
  • Commercial
  • Administrative Law
  • Arbitration And Mediation
  • Bankruptcy And Debt
I completed my law in the year 2017 from Jindal Global Law School and have been providing services in various fields of law, that is, Family, Property, Cheque Bounce, Civil, Consumer Court, Recovery and drafting and vetting of various agreements and documents. View Full Profile
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Sunil Kumar Singh

Lawyer,Attorney,Solicitor
Exp
Kanpur , Uttar Pradesh

Specialization

  • Advertising
  • Contracts and Agreements
  • Commercial
  • Consumer Protection
  • Admiralty and Maritime
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
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Shailesh Kumar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Advertising
  • Civil
  • Adoption
  • Animal Laws
  • Aviation
I am a highly educated in different fields and experienced advocate providing online and offline Legal Consultancy/Support/Services to my national and international client on almost all aspects of law. View Full Profile
Total Answers Given : 21
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N Shekhar

Advocate
Exp
Patna , Bihar

Specialization

  • Advertising
  • Criminal
  • Adoption
  • Animal Laws
  • Aviation
Best Lawyer View Full Profile
Total Answers Given : 16
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Taran Dwivedi

Advocate
Exp
Indore , Madhya Pradesh

Specialization

  • Advertising
  • Adoption
  • Election Campaign And Political Laws
  • Landlord And Tenant
  • Police Laws
Total Answers Given : 12
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  • What is Advertising law?
  • What is role of ASCI?
  • What are the laws governing Media in general?
  • Which products and services cannot be advertised?
  • What are the regulatory agencies in India?

What is Advertising law?


It refers to a body of laws associated to the mode and methodology of communicating and conveying details or particulars of any product or service to the public. The effective marketing is the key of every successful business. However, every business has some legal obligations to ensure that any claims or portrayal they construct in their advertisement are truthful or in some other way not violating the law.

What are the applicable laws to the topic of advertising?


Currently in India, there is no central statutory office or uniform enactment managing the advertising business. The Indian advertising market all in all is managed and controlled by a non-statutory body, the Advertising Standards Council of India (ASCI). Without uniform coordinated enactment, it is important for promoters to guarantee that a commercial is in consistence will all nearby and national notice laws.

Role of ASCI:


ASCI is a self-regulatory body constituted in 1985 for the promotion of ‘responsible advertising’. Its objectives include, upholding the honesty of representation & claims made, safeguarding the promotions of substances which are hazardous to society, and so on. The ASCI follows a ‘Code for the self-regulation in advertising’. This code is applicable to commissioning, creation, publishing of advertisements. Despite being non-statutory, the code has been given recognition under certain Indian legislations, with it being colloquially followed by the advertising industry

Laws governing Media in general (ASCI aims at complementing these laws, not being in conflict with them):


  • Electronic Media Monitoring Centre
  • Code of Conduct of the News Broadcaster Association
  • Cable Television Network Rules, 1994
  • The Press Council Act 1978
  • Code for Commercial Advertising on Doordarshan and All India Radio
  • Consumer Protection Act, 1986(for example provisions banning comparative advertising)
  • Laws related to Intellectual property rights

Some Products & Services which cannot be advertised:


  • Tobacco
  • Bar Council of India Rules do not allow the advertisement for lawyers or law firms.
  • As per Indian Medical Council (professional Conduct, Etiquette and Ethics) Regulations,
  • physicians cannot advertise about their services.
  • Advertisements w.r.t. ’magical remedies’ of diseases. [The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954]
  • Products related to sexuality may be allowed if they are in contravention with any statue in place, for example, Indecent Representation of Women (Prohibition) Act 1986.

Free Speech & Advertisements:


Article 19(1)(A) OF the Constitution provides the freedom of speech however this right is subject to certain restrictions. The ASCI Code makes policies keeping in mind the other statutes and legal principles and provides for certain grounds on which no advertisement can be associated with. Some of those grounds are the potential of inciting a mob towards disorder, denigration of any race/caste/colour etc., presentation of criminality as desirable and so on.

Some regulatory agencies in India:


  • Indian Broadcasting Foundation and Broadcasting Content Complaints Council (BCCC) – deals with complaints regarding content showcased on TV. The Secretary Broadcasting Content Complaints Council
    C/o Indian Broadcasting Foundation,
    B-304, Ansal Plaza, New Delhi 110047, India
    Phone Nos. +91 11 43794488
    Fax No. +91 11 43794455
    Email: bccc@ibfindia.com
    Website: www.ibfindia.com
  • ASCI’s Consumer Complaints Council – aims at redressing the grievances & complaints of consumers.
    The Secretary General,
    The Advertising Standards Council of India,
    219, Bombay Market, 78 Tardeo Road, Mumbai 400 034, India
    Tel: +91 22 23513982,
    Fax: +91 22 23516863,
    E-mail: asci@vsnl.com
    Website: www.ascionline.org
  • Food Safety and Standards Authority of India (FSSAI) – FSSAI aims at providing scientific criterions related to articles of food.
    Food Safety and Standards Authority of India
    FDA Bhawan, Kotla Road, New Delhi-110002, India
    Email: admn@fssai.gov.in
    EPABX: +91 11 23236975
    Telefax: +91 11 23220994
    Web: www.fssai.gov.in

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