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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 Consumer Protection Lawyers in India

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Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Consumer Protection
  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1168
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K Mondal

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Consumer Protection
  • 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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Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Consumer Protection
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile
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Ravinderreddy

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Consumer Protection
  • Criminal
  • Administrative Law
  • Adoption
  • Arbitration And Mediation
I am practicing in high court of Telangana at Hyderabad civil criminal writ petition all type cases View Full Profile
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Vijay Tangri

Advocate
Exp
South Delhi , Delhi

Specialization

  • Consumer Protection
  • Civil
  • Criminal
  • Administrative Law
  • Adoption
Deals in Commercial & Family Disputes & Criminal & Consumer Cases.Deals in Rera Cases . View Full Profile
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naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Consumer Protection
  • Civil
  • Admiralty and Maritime
  • Banking
  • 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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Vivek Tanwar

Founder/Director, Law Offices of Kr. Vivek Tanwar Advocate & Associates.
Exp
Gurgaon , Haryana

Specialization

  • Consumer Protection
  • Criminal
  • Arbitration and Mediation
  • Banking
  • Bankruptcy And Debt
I graduated from Maharshi Dayanand University, Rohtak, Haryana in B.A.LLB. (Hons). Since 2000, I've been in active practice and am enrolled with the Bar Council of Punjab and Haryana at Chandigarh. Also, I'm appointed as the SPECIAL PUBLIC PROSECUTOR by the Government of Haryana in some cases. View Full Profile
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Sandeep Hegde

Advocate & Legal Consultant
Exp
Bangalore , Karnataka

Specialization

  • Consumer Protection
  • Divorce
  • Corporate and Incorporation
  • Contracts and Agreements
  • Criminal
We are multi-facet law firm having expertise & specialization in family law, Divorce laws, etc. We also provide corporate consulting which include contract drafting, reviews, Negotiation, etc. We help companies in developing business model in compliance with regulation. View Full Profile
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Anshul Gupta

Lawyer Partne
Exp
South Delhi , Delhi

Specialization

  • Consumer Protection
  • Property
  • Real Estate
Mr. Gupta is a Lawyer registered in the Bar council of Delhi. Mr. Gupta is a top lawyer in home buyers dispute. He is representing Clients in matters against SuperTech, Emmar MGF, Logix, etc , He sees the matters of delayed possession of the property, in RERA, NCDRC, NCLT and Supreme Court View Full Profile
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S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Consumer Protection
  • Administrative Law
  • Commercial
  • Human Rights
  • Landlord And Tenant
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
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  • What is consumer protection law?
  • Is there any specific Act or Rule for consumer protection in India?
  • How can one file a consumer complaint in India?
  • Where to file a consumer protection case?
  • What are the rights of a consumer?
  • What is purpose of consumer protection act?


Consumer protection laws aim at the protection of the interests and rights of consumers. These laws aim at changing the mentality of the market from “Caveat Emptor” (let the buyer beware) to “Caveat Venditor” (let the seller beware). In India, there is a statue called ‘The Consumer Protection Act, 1986’ which aims at safeguarding the rights and best interest of consumers.

The Consumer Protection Act, 1986 (COPRA):


This act focuses at advocating competition policy, prohibiting against abusing of a dominant position, prohibiting agreements which can be of an anti-competitive nature.

The intent behind this law is to solve the obstacles in promotion of competition amongst businesses operating under the Indian law. The COPRA is one of the Social Welfare Legislations.

This Act is applicable to all the goods and services until and unless it is specifically exempted by the Central Government. COPRA covers private, public & co-operative sectors, with its provisions having a compensatory nature. The provisions of this Act are powerful as they provide with simple & speedy processes for the solving of disputes. This Act provides for the application of Consumer Protection Councils ate various levels.

Appeal Process/Dispute Redressal Mechanism as per this Act:


There are three levels of adjudicatory authorities under this Act; they are the National, State, & District Level, which are known as National Commission, State Commissions, and District Forum. District Forum is composed of President and two members with graduation being the minimum educational qualification. State Commission is presided over by a Retired High Court Judge, and the National Commission is presided over by the retired Supreme Court Judge.

Pecuniary Jurisdiction of District Forum – matters upto Rs. 20 lakhs

Pecuniary jurisdiction of State Commission – matters upto Rs. 1 Crore

Pecuniary Jurisdiction of National Commission – matters above Rs. 1 Crore.

Proceedings before these adjudicatory bodies are dealt with in compatibility with the principles of Natural Justice.

How to file a Consumer Complaint in India:


  • Making of a complaint petition – this petition would include all the particulars of a case, for example, the precise complaint, arranging of the facts proofs and so on in an arranged manner.
  • Selecting the correct Consumer Court - while choosing the correct forum, the pecuniary jurisdiction (the extent of the value of suits which may be allowed) must be taken into consideration. Also the local jurisdiction of the various district forums must be given importance, for example in cases filed at district forums, one of the grounds for choosing the court can be the place where cause of action arises.
  • Submitting a mandatory statutory fee – the amount instructed by the concerned forum has to be deposited.
  • Filling in for Revisions & Appeals – as per the provisions of the COPRA, an appeal or a revision petition is available.

    Section 15 of COPRA says that a person may appeal to the State Commission, within 30 days from the date of order, but would have to submit Rs. 25,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 19 of COPRA says that a person may appeal, against the result of the State Commission, within 30 days from the date of order, but would have to submit Rs. 35,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 23 of COPRA says that a person may appeal, against the result of the National Commission, within 30 days from the date of order, but would have to submit Rs. 50,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    *Forums & Supreme Court may allow the appeal after the period of 30 days if they seem to find reasonable causes for the delay.

Miscellaneous:


  • Ravneet Singh Bagga v. KLM Royal Dutch Airlines and another (2000) – Supreme Court observed that the “deficiency in service cannot be alleged without attributing fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be performed by a person in pursuance of a contract or otherwise in relation to any service. The burden of proving the deficiency in service is upon the person who alleges it.
  • HDFC Bank Limited v. Balwinder Singh – The issue was of the bank, or its credit recuperation specialist, utilizing musclemen to take coercive repossession of the hypothecated vehicle and accordingly making physical badgering and mental injury to the complainant. The District Forum permitted the complaint and guided the bank to pay of Rs. 4 lakh for repossessing the vehicle in this way and exchanging it to an outsider. The State Commission affirmed the request in claim. Adjudicating the bank's revision petition, the National Commission communicated stun that the bank had employed musclemen specifically or through its recuperation specialists(recovery agent) to recoup the advance/repossess the vehicle. The Commission additionally alluded to the State Commission's request, which had observed that the alleged letter delivered by the bank implying to the complainant deliberately giving over ownership of the vehicle was untrustworthy and that no notice was given to the complainant at the phases of repossession and offer of vehicle. In rejecting the request, the Commission depended upon its judgment in Citicorp Maruti Finance Limited v S. Vijayalaxmi [III (2007) CPJ 161 (NC)] where it had unequivocally deplored such practices. The Commission expelled the appeal to and granted Rs. 25,000 as exemplary costs.
  • Sehgal School of Competition v. Dalbir Singh – Complainant requested for refund on grounds of poor standards from the coaching school at completion of one year (it was a 2 year course). District Forum allowed it, eventually the other party filed a revision petition claiming that the provisions of the contract provide for the condition of unavailability of refunds. Commission eventually held that such a provision is heavily biased towards one side and should not be allowed. Nipun Nagar v. Symbiosis Institute of International Business observed that the collection of fees for the total period of a course is unjust.

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