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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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How to have a tenant vacate premises by sending a...

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.Why send notice to vacate premises?An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential.The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create inexorable nuisance at the landlord’s expense. Such incidents are quite common in India. The tenant forcibly remains in possession, thus provoking the landlord to file a lawsuit to evict the tenant. However, prior to filing a case, the landlord ought to first and foremost send notice to the tenant for vacating the premises.In the case of employee accommodations provided by employers often are put up on rent for some extra income. Nonetheless at times, evicting the tenant even after intimating that the tenant ought to vacate the apartment is a hassle of sorts. There is no reason at all for a landlord to be worried even if such a scenario looms. The landlord could consult an expert lawyer to evict the tenant after all the criteria of the notice are fulfilled. At this point, sending a tenant eviction notice drafted by an experienced lawyer is crucial.  How should the landlord deal with the tenant?If the landlord wants to send the tenant packing to form his rented property he would ideally send a notice or letter for vacating the premises to the tenant. The landlord is the owner of the property and therefore can rightfully claim his property from the tenant after giving a reasonable time to the tenant to vacate the property. While it's not mandatory, intimating a tenant to vacate the property through eviction notice is the acceptable protocol of apprising the tenant of the fact that the landlord intends on evicting the tenant.Eviction notice to the tenant is a type of evidence in the Court of Law that the tenant did get adequate time to make alternative arrangements in the interim period and move out.Oftentimes situations arise where properties are on lease through long term lease agreements. However, the tenant ought to vacate it prior to the end of the lease term. In cases like that, the landlord would typically send a notice of lease termination to the tenant and the tenant would have to vacate the premises within a reasonable time.Call 7604047601 for consultation with a registered expert property lawyer on Vidhikarya. 

Posted By

Avik Chakravorty

3 weeks ago

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Consult Top Property Lawyers in India

sathish  kumar v

sathish kumar v

ADVOCATE
Exp
Kanchipuram , Tamil Nadu

Specialization

  • Property
  • Civil
  • Contracts and Agreements
  • Corporate And Incorporation
  • Employment And Labour
V.SATHISH KUMAR B.E.,B.L. View Full Profile
Rahul  Dhamija

Rahul Dhamija

Lawyer
Exp
Delhi , Delhi

Specialization

  • Property
  • Divorce
  • Domestic Violence
  • Cheque Bounce
  • Consumer Protection
Practicing Law Since 2016 in all district courts as well as High Court in Delhi. Deals in all kinds of civil, criminal and matrimonial cases. I believe in understanding the needs of my clients patiently and working hard towards accomplishing those needs with hard work, honesty and transparency. View Full Profile
Barun  Ghosh

Barun Ghosh

Sr. Lawyer , Sr. P.P. In-Charge
Exp
Kolkata , West Bengal

Specialization

  • Property
  • Adoption
  • Banking
  • Cheque Bounce
  • Child Custody
I am an individual lawyer with associates having background in finance law and accounts as Cost Accountant and dedicated to professional excellence, personal and high quality support and effective solution oriented advocacy with proper due diligence in litigated matters and also strategizing them. View Full Profile
Pranav  Goyal

Pranav Goyal

Research Head/Advocate
Exp
East Delhi , Delhi

Specialization

  • Property
  • Criminal
  • Consumer Protection
  • Cheque Bounce
  • Cyber, Internet, Information Technology
3rd Generation Advocate based in Delhi. I have completed my BA LLB (H) from GGSIPU (First Division) and completed 12th standard from Apeejay School, Noida. I can speak English, Hindi, Punjabi and elementary French & German. View Full Profile
Dixit  Garg

Dixit Garg

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Property
  • Criminal
  • Civil
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I am Practicing since 2015 View Full Profile
Dwijendra  Mishra

Dwijendra Mishra

Advocate (Legal Counsel)
Exp
Lucknow , Uttar Pradesh

Specialization

  • Property
  • Civil
  • Consumer Protection
  • Criminal
  • Real Estate
l am sincere, hardworking and devoted person towards my duties and leave no stone unturned to please my superiors as well as clients both. View Full Profile
Adv Arvind  Balaut

Adv Arvind Balaut

Advocate
Exp
Jaipur , Rajasthan

Specialization

  • Property
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Their is always a way View Full Profile
Adv. Yogendra Prasad  Azad

Adv. Yogendra Prasad Azad

Advocate
Exp
Patna , Bihar

Specialization

  • Property
  • Civil
  • Banking
  • Cheque Bounce
  • Child Custody
Hi! I am Adv. Yogendra Prasaad Azad, Practising at Patna High Court, Civil Court and Family Court, Patna. Bihar Land Tribunel, Patna, Bihar Teachers Tribunel, Patna & Central Administration Tribunel, Bihar, Patna. View Full Profile
Vikas  Rana

Vikas Rana

ADVOCATE
Exp
Una , Himachal Pradesh

Specialization

  • Property
  • Cheque Bounce
  • Consumer Protection
  • Administrative Law
  • Arbitration And Mediation
Doing Practice as a Advocate at District Courts, Una, (HP) View Full Profile
Abhijit Kumar  Sen

Abhijit Kumar Sen

Junior Advocate
Exp
Bardhaman , West Bengal

Specialization

  • Property
  • Civil
  • Criminal
  • Cheque Bounce
  • Real Estate
I am practicing in District Judges' Court, Burdwan for 6 years on both criminal and civil matters. View Full Profile
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  • What is Property Law?
  • What are the Applicable Laws in Relation to Property?
  • Is Registration Compulsory while buying a property?

Property and resources govern the events of humanity. As per Montesquieu, ‘one would forget sooner the murderer of his father than the man who robbed him of his property’. Hence, there are well defined statutes governing interactions involving properties. The major legislation in this regard is Transfer of Property Act. For the scope of this article; Partition, Will, Intangible Property, Succession, Property Dispute etc. shall not be discussed as they are covered under specialised statutes and/or recognised legal practises.

What is Property Law?


Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights, and obligations thereon.

Laws applicable to Property related Matters?


  • Transfer of Property Act, 1882
  • Indian Easement Act, 1882
  • Registration Act, 1908
  • Stamp Act, 1988
  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (at instances of land acquisition)
  • Indian Contract Act, 1872
  • Specific Relief Act, 1963 –Part II

What does Constitution of India Reveal about Property?


Initially, Right to Property was a fundamental right under the Constitution in the form of- Article 19(f) which spoke about the right to acquire, hold and dispose of property, subject to reasonable restrictions & Article 31 which, as originally enacted, said that no person shall be deprived of his property except by authority of law. Forty Fourth Amendment to the Constitution of India, deleted Article 19(1)(f) and Article 31[Article 300-A is now the provision regarding right to property]. The current position of the Supreme Court on interpretation on the right to property can be gleaned from one of the few direct judgements on property after the 44th Amendment, particularly the case of ‘Jilubhai Nanbhai Khachar Etc. v. State of Gujrat And Anr. Etc.’. This case dealt with mines taken by the State under legislated laws from erstwhile revenue farmers and upheld the right of the State to do so under Article 300-A, not entertaining any discussion on adequacy of compensation. Among other things, it is unequivocally held that the right to property under Article 300-A is not a “basic feature or structure of the Constitution” and that the Legislature has power to acquire the property of private person exercising the power of eminent domain by a law for public purpose.

What are the Basic Principal of Property Law?


  • Immovable property does not include standing timber, growing crops or grass as per Section 3 of the Act.
  • Suresh Chand v. Kundan, 2001 – a portion of land with saplings in it was sold. The seller later argues that the objection was to sell land without trees, and asked for a type of compensation for the extra gain which the other party is getting. Court held that in absence of any express/implied intention in the agreement, it would be taken that the land along with saplings standing on the land which subsequently grown into trees were sold.
  • At instances of conflict between Muslim Law & Transfer of Property Act, it is the Muslim Law which shall have prominence.
  • Future properties cannot be transferred, for example, Spes Successionis is a void transfer
  • K. Muniswamy v. K. Venkataswamy – on grounds of sound public policy, total restraint on the right of alienation in respect of immovable property which prevents free circulation is to be held void.
  • Section 108 of the TRANSFER OF PROPERTY ACT, 1882 enumerates the rights & liabilities of lessor & lessee.

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