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What and how Property Lawyers do their job

What’s real estate law all about? What's it that real estate lawyers do and how do they do it? These are the queries that pop up in one’s mind as one gets initiated in the real estate business and the only way one can get answers to these questions is by seeking advice. Oftentimes even after paying a couple of lakhs of rupees as a down payment on a flat, that is under construction the builder or developer does not start construction work on the plea that due to unforeseen circumstances, the construction work had to be withheld. A few months could very well have elapsed and the work may be pending. At this point, the developer/builder may be asked by the homeowner to clarify matters. Once the seemingly lackadaisical attitude of the developer is noticeable heated arguments may ensue followed by threats of a possible lawsuit by the homebuyer. The threat of a lawsuit is a deterrent for the contractor/builder who may retaliate by waiving off suing rights by signing one of the legal documents. Subsequently, the contractor who was unresponsive and had bolted would take the initiative of contacting the homebuyer. The homebuyer may ask the contractor to share copies of all relevant documents. If there is documentary evidence of waiving off suing rights amongst other rights then, in that case, it gets complicated, someone with little or no experience at all in real estate law ought to refer the case to an expert real-estate lawyer after providing initial legal advice.   Real estate laws, rules, and regulations Through networking, the extent of involvement in these matters is transparent. One may realize how real estate laws, rules, and regulations may affect one's daily lives. It can be intriguing knowing what is it that the real estate lawyers exactly do and more importantly how? The answer partially is - there are real estate law courses that qualify them to practice real estate law. Call 7604047601 for consultation with registered expert property lawyers on Vidhikarya.

Posted By

Avik Chakravorty

5 days ago

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India’s arguably generous maternity law benefits m...

In India, working mothers-to-be are far better-of than most of their peers in the developed world, however, the country’s maternity laws are archaic. A year or two ago, the country passed the Maternity (Amendment) Bill aimed at working women and their right to paid maternity leave from 12 weeks to 26 weeks which is the world’s third-highest. There is a no-win situation nonetheless — the law is meant for companies with a headcount of at least ten employees which is just a minuscule proportion of the working women of India.This limitation in maternity benefits is an upshot of the desire of the elite of India to merely mimic policies that are both purposed and executed in the West, without any sort of fine-tuning suiting Indian conditions. The maternity bill is an exemplary bill – phantom legislation that passes laws that don't have and in all probability will not be as effective as required. Progress or that one is doing something is an illusion, and is given, but the reality is something else. There is an ideological dimension to the law which is a part and parcel of what the Indian elite believes is good, just, and prestigious in communities transcending boundaries.Symbol of progressCanada and Norway are the only two countries, with GDPs per capita of 27 and 47 times higher than India’s, respectively, provide protracted maternity leaves in comparison with India. The moot point, however, isn’t the perception of generosity, but how the law is applied.It was estimated that the vast majority of Indian women shun work. While on the one hand the unorganized sector is comprised of over 80% of women working for companies with an employee headcount of less than ten. On the other hand, the organized sector comprises of 16% women workers, who do informal work, where the maternity law is not applicable.A more realistic assumption would be that a meagre 20% of the females work in the organized sector, then the law is potentially applicable to simply 1.3% of the workforce, or not even 1% of all females.Considering these off-the-cuff calculations, the unanswered question is why would India deplete its invaluable resources on ratifying a law that is applicable to a minuscule section of its growing population.Call 7604047601 for consultation with a registered expert maternity lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 week ago

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Consult Top Arbitration and Mediation Lawyers in India

SUBRATHA  RAY

SUBRATHA RAY

Legal Counsel , Lawyer
Exp
Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • 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
Srinivasan  Ellappan

Srinivasan Ellappan

Advocate, Madras high court
Exp
Chennai , Tamil Nadu

Specialization

  • Arbitration and Mediation
  • Property
  • Tax-Service Tax
  • Administrative Law
An experienced and knowledgeable civil servant turned lawyer having immense experience in drafting Government contracts, experience in Arbitration,Tax and service matters. Rich experience in auditing major Public sector undertakings. Having rich knowledge in dealing matrimonial and property disputes View Full Profile
Total Answers Given : 10
Kalyanraopeddireddi  PEDDIREDDI

Kalyanraopeddireddi PEDDIREDDI

FORMER DISTRICT & SESSIONS JUDGE NOW ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Arbitration and Mediation
  • Intellectual Property, Copyright, Patent, Trademar
  • Landlord And Tenant
  • Administrative Law
  • Power Of Attorney
An experienced Judge who has completed 33 years in Indian Judiciary, retired as District & Sessions Judge, now ADVOCATE, HIGH COURT OF JUDICATURE AT HYDERABAD, ALSO C.E.O OF KALYAN LEGAL EXCEL ONLINE SERVICES for all Citizens & Non-resident Indian giving legal solutions within 24 of asking Query. View Full Profile
Total Answers Given : 10
Dadasaheb  Lande

Dadasaheb Lande

Legal advocate
Exp
Pune , Maharashtra

Specialization

  • Arbitration and Mediation
  • Civil
  • Cheque Bounce
  • Contracts And Agreements
  • Corporate And Incorporation
Our customers are satisfaction this is my job View Full Profile
Total Answers Given : 10
Kalpesh  Gaikwad

Kalpesh Gaikwad

Advocate
Exp
Aurangabad , Maharashtra

Specialization

  • Arbitration and Mediation
  • Criminal
  • Civil
  • Adoption
  • Consumer Protection
I am an practising Lawyer at Bombay High Court Aurangabad Bench as well as District and Sessions Court Aurangabad , Maharashtra View Full Profile
Total Answers Given : 10
Sonam  Priya

Sonam Priya

Advocate
Exp
New Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Consumer Protection
Actively handled matters company matters in Company Law Board and the Company Courts in Hon’ble Delhi High Court and the Punjab and Haryana High Court, civil matters, criminal matters which included complaint cases under the Indian Penal Code and the Negotiable Instruments Act, consumer disputes. View Full Profile
Total Answers Given : 10
Adv. Jamal Sait

Adv. Jamal Sait

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Criminal
  • Bankruptcy and Debt
I am an Advocate practicing primarily before Hon'ble High Court of Karnataka and courts sub-ordinate to it. My specialization is in both criminal, famil and civil law. I have independently argued various nature of cases ranging from Bail Petitions, Suit for Declaration and Injunction etc View Full Profile
Total Answers Given : 9
Dr Vedula  Gopinath

Dr Vedula Gopinath

senior lawyer and arbitrator
Exp
Visakhapatnam , Andhra Pradesh

Specialization

  • Arbitration and Mediation
  • Civil
  • Privacy
  • Corporate And Incorporation
  • Financial Markets And Services
Senior Lawyer View Full Profile
Total Answers Given : 9
Shah Rukh  Ahmad

Shah Rukh Ahmad

Advocate
Exp
South Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Employment and Labour
  • Cheque Bounce
  • Divorce
  • Contracts and Agreements
Total Answers Given : 9
Abhradip  Maity

Abhradip Maity

Junior Advocate
Exp
Kolkata , West Bengal

Specialization

  • Arbitration and Mediation
  • Registration
  • Financial Markets And Services
Where there is a WILL, there is a WAY. Problem of yours can be solved by my endeavour & enthusiasm only if you follow up my efforts with better mindset. View Full Profile
Total Answers Given : 7
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  • What is Arbitration law?
  • What is Mediation law?
  • How are Arbitration and Mediation different?
  • Can meditator become an arbitrator?
  • What are laws relating to it in India?

Traditional litigation requires a lot of time and procedural formality to be followed for coming into a conclusion. At times, the person who wins a case realises that he has actually won a pyrrhic victory. That’s why the concept of Alternate Dispute Resolution is gaining prominence. Arbitration and Mediation are two forms of Alternate Dispute Resolution.

Arbitration in India:


The governing law for Arbitration in India is the Arbitration & Conciliation Act 1996. It is heavily influenced by the UNCITRAL Arbitration Rules 1976 & the 1985 UNICITRAL Model Law on International Commercial Arbitration, provisions of the Indian Oath’s Act 1969 are also attracted.
There are certain features which distinguish arbitration from traditional litigation. Some of the features are-

  • Role of the Courts have been minimised, their role is to refer parties to arbitration in presence of an arbitration agreement and for providing interim reliefs, and for the appointment of an arbitrator
  • Section 11 of the Arbitration & Conciliation Act, 1996 deals with the appointment of arbitrators and in the case of S.B.P & Co. the Supreme Court held the function under Section 11 to be of a judicial nature.
  • ‘Arbitrators are masters of their own procedure’, they have the power of guiding their proceedings in the way they deem fit. Code of Civil Procedure, Evidence Act are not binding on the arbitration proceedings
  • Supreme Court in the case of ‘TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd’ observed that companies incorporated in India have to make Indian law as the principal law of the arbitration proceedings.
  • As per the case of Renu Sagar Power Co. Ltd v. General Electric Co., an award which is contrary to the public policy of India cannot be enforced in India and can be set aside.

Mediation in India:


  • Mediation if a type of ADR mechanism which is spoken of in Section 89 of the Code of Civil Procedure, 1908 as well.
  • Procedures for mediation are to be the ones that are prescribed by the Court
  • Confidentiality is upheld in Mediation proceedings
  • Mediator, unlike an arbitrator, does not have the powers of giving a binding decision on the parties involved in the dispute.
  • Mediation completes with an agreement between the concerned parties
  • Mediation refers to interactive procedure of apt negotiation techniques being involved with the aim of assisting the parties at concluding to the best solution for their dispute.

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