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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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  • What is Registration Law?
  • Which Law is applicable while Registration of a Property?
  • Is it necessary for Registration of Document?

Humans enter innumerable transactions in their lives. Law trusts some of these to be appropriately known by all in the larger interest of the society. Thus, the idea of registration of certain human exchanges by State advanced. To guarantee this, State made the necessary policies.

What is Registration Law?

Registration of the documents of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. The law of registration of documents is contained in the Indian Registration Act.

Laws Applicable on Registration?

The major legislation in India is the Registration Act 1908.

The reason for the Registration Act, in addition to other things, is to give a strategy for public registration of documents in order to offer data to individuals with respect to lawful rights and commitments emerging or influencing a specific property, and to sustain documents which may a while later be of legitimate significance, and furthermore to counteract extortion. Registration loans sacredness and significance to specific classes of documents.

As per the Act, registration of immovable property is mandatory, section 17 states that a immovable property having value more than Rs.100/- has to be registered.

As per the Act, registration of immovable property is mandatory however, Section 17(2) of the Act speaks of some documents which despite being related to immovable property do not necessarily have to be registered.

Section 18 of the Act talks about the documents whose registration is optional. The registration of Wills is optional. Leases of immovable property for a term not exceeding a year is optional.

The time limit for a document (apart from a will) is 4 months from the date of its execution. Section 23A talks about the re-registration of some particular documents, Section 26 about a particular power of the registering officer. A document executed outside India is not valid unless it is registered in India.

As per Section 28 of the Registration Act, document affecting immovable property mentioned in Section 17(a) to 17(e) and Section 17(2) should be presented to the Sub-Registrar’s office within whose sub-district the portion of the relevant property is situated. For the remaining types of documents, as per Section 29 of the Act, the office of the Sub-Registrar within whose sub-district the execution of the document took place.

In case a representative is presenting a document for registration, he/she must possess a Special Power of Attorney to do so, a General Power of Attorney would not suffice.

The Registrar does have the power to refuse registration on certain grounds, some of them are; the presentation of a document by a minor, document being presented after the limitation period of 4 months, concerned property being outside his jurisdiction, etc. However, undervaluation of stamp duty is not a ground for the Registrar to refuse registration.

On the off chance that a document which is required to be register under Section 17 or under policies of Transfer of Property Act, 1882 isn't registered, the impact is that such un-registered document does not influence any immovable property in that it can't be used as evidence of any exchange influencing such property. Hence, the document winds up plainly pointless for every pragmatic reason. However, it may be acknowledged as evidence in criminal procedures.

Necessity of Registration.

Registration of the documents of sale and purchase of immovable property is necessary and ensures conservation of evidence, prevention of fraud and assurance of title.

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