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Litigants and the Lockdown - A court perspective

          Litigants and the Lockdown - A court perspective. It is interesting to see the judiciary come up with new solutions to the novel problem of the lockdown, and so far the courts have been doing what they can to ensure that the regular functioning of the courts isnot hampered too much by the fact that people are no longer allowed to be present in person.[1] India has tried to embark on the path to digitize the court system, and it took a pandemic and a lockdown to finally realize the object of a fully digitized court system. Although one must beware, it does come with own sew of hiccups and issues the court doesn’t have either the readiness or capacity to address.   Measures taken by the Courts In the months since the lockdown has been announced, the Supreme Court and many High Courts have made a fit case for moving proceedings online and making filings to the registrar through E-mail. Courts have even Read More


Sharada H v

 Any minor having a property in his name is accompanied by a Natural guardian or in case any guardian appointed by the court to take care of such minor. a sale of minor's property by guardian can be done by a guardian only with the prior permissions of the court before any such kind of sale or alienations. the minor can file a suit to set aside the deed within the period of limitation 3yaers on the minor attaining the majority, as prescribed under Article 60 of the Limitation Act. In case the minor has died before attaining majority, the legal representatives of the minor should bring the suit within 3 years from the date on which the minor would have attained majority.     As per Section 8(2) of the Hindu Minority and Guardianship Act 1956, permission of the Court was necessary for the guardian to sell minor's property. Sale in violation of Section 8(2) is voidable as per Section 8(3). Therefore, the sale remains valid until set aside by the Court. A document which Read More

Difference between In Country and Inter Country Adoption

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   An individual or a couple who are willing and capable of taking a child in Adoption, who are the residents of India and who have the citizenship of India are called as the prospective adoptive parents of In country. Any such parent/parents/couple who takes a child in adoption through the special child adoption agencies called as CARA and CARINGS is called as In country adoption.  Whereas an Individual or parent or couple who are willing and capable of taking a child in Adoption, who are the residents of India or either the Non residents of Indian Origin and who have the citizenship of India and have also acquired the Foreign citizenship are staying abroad, the process of these citizens adopting an Indian child a is called as Inter country Adoption.  Where an Indian citizen have applied for child adoption with CARINGS when they were in India under the category of In-country adoption. Later on after application, have subsequently been granted a Foreign citizen Read More

Real Estate Laws

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REAL ESTATE LAWS: Real estate Regulatory Authority. ? Real Estate is a vast sector and growing because of the vast urbanization and globalization. It is one of the highest GDP sector of our country. It is providing infrastructure development for the various sector and Housing being one of the basic needs of Human community the Real Estate sector has been growing day by day. As such in the fast growth it is very much necessary that it should be regulated by the required laws of the country to avoid illegalities and also to have sustainable growth of the sector. it is also growing as it provides huge employment potential to the human resources. The Real Estate is governed by various laws, such as Land revenue Act, Transfer of property Act, Municipal corporation Act, etc. To give boost & regulate the Real Estate sector of the country RERA Act, has been passed. RERA Act is to give transparency & regulate the growth of the Real Estate sector in the Read More

what are the Rights and Duties of Aloottee/s under RERA Act

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 RERA Act prescribes certain rights & duties on the part of allottee/s also. Though Rera act gives protection to the Home buyers it also ensures that home buyers should perform their part of contract, duties and responsibility for the effective implementation of laws.  -     An allottee/s is entitled for getting sanctioned plans, layout plans approved by the competent authority along with specifications. Further allottee/s is entitled for all such information as required under the act.  -     Allottee/s is entitled to know the stage wise completion & development of the project along with provisions for electricity, water, sanitation with other amenities as promised under the agreement terms.   -     Allottee/s is entitled for the possession of the apartment/plot or building as the case may be while the association of allottees shall be entitled for possession of Read More

How to get compensation from builder under RERA act?

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Under sec.18 of the RERA act, If the Builder fails to complete and handover the possession of an apartment, plot or building on an agreed date under the terms of agreement, as the case may be and on such default of the builder the allottee/s have the right either to continue with the project and seek for delay compensation from the builder for the number of days delayed by the builder in handing over the possession of the apartment plot or building. (Handing over means & includes completion and occupancy certificate for the building/project). Or in the alternative to seek for cancellation and refund of the amount with interest at the rate of SBI Highest Marginal rate of lending plus 2% on the amount paid by the allottee/s till the date of payment.  (When the payments are made on different dates the calculation will be from the date of payment and on the amount paid.)   Karnataka Rera Rules, 2017 prescribes that the builder/developer is liable to oblige the order Read More

Article 48 of the Constitution

Article 48 of the Constitution lays down that “The State shall endeavor to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle”. The existence of such a provision has always been controversial and debated upon as many believe that it goes against the secular nature of the Constitution and to fully understand what this article mean we must look at history and how it has been interpreted by the Courts, what the actual intention behind this Constitutional provision was and how it has evolved. On examining the Constitutional assembly debates, we find that the arguments made for this provision to be included in the Constitution were on economic ground and were also substantiated through religious claims. Though the petitioners asking for this amendment wanted it to be fundamental right but could not go Read More


Sharada H v

 Due to the Covid-19 pandemic the Real estate sector in the country has suffered huge setback. Due to lockdown & after relaxation non-availability of labor has made the real estate sector to come to a standstill. There are thousands of Real estate projects and Lakhs of homebuyers are waiting for the possession of their dream homes. Even prior to the Covid-19 situation the Real Estate Industry has seen slow growth & progress. There were lakhs of home buyers in the country waiting for completion & handover of the projects. So the Central govt. has passed RERA act to regulate the real estate industry & to ensure accountability of the Real Estate Developers. During the Lockdown situation in the country & on request of the CREDAI with Builders/Developers the Central Govt has declared the COVID-19 as FORCE MAJEURE situation. In view of the same all the real estate projects which were due for completion under RERA registration have got an automatic extension of Read More


Sharada H v

 The State Govt. has passed an ordinance on 22nd May 2020 to the TOWN & country planning act. Under the New Amendment act, The Developer shall provide a Provisional plan and Plan of phased development wherein the Developer/Builder can develop the project in three phases. The developer/Builder can develop the first phase with 40% development of the layout and thirty percent in the second phase & remaining 30% in third phase. Thus after the area earmarked for roads, parks, Playground & other civic amenities of the entire layout area & after completion of the all infrastructure in first phase development the builder has to get the completion certificate from the concerned authority along with first phase development plan and then the developer/builder will be given permission to sell the sites of the first phase development.  The permission to sell will be given only after the registration of the Real Estate Project with RERA.  Similarly the Read More


Sharada H v

 Title Deeds/ Mother Deed of the land RTC/Pahani of land Mutation Entry of land IHC Certificate Nil Tenancy Certificate Family tree Tippani Akharbandh Land Survey records, Survey Assessment Atlas Village map Index of lands RR balbagh Secondary reclass tippani Endorsement issued by Assistant Commissioner under sec.79A & B of KLRA & under sec.4 of PTCL Act Registered Partition Deed/s Registered Sale Deed/s Registered Gift Deed (If any executed) Will/s(If any executed) Mortgage Deed and Discharge Deed (If land was mortgaged for any banks to secure loans) Encumbrance certificate of land/s for past 30 years Tax paid receipts Registered Joint Development Agreement Executed between Builder & Land lord/s Registered General Power of Attorney Executed by Land lord/s in favor of Builder Conversion order issued by Deputy commissioner permitting the Read More

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