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Difference between Ownership and Possession of Property
Ownership and possession of a property are two separate concepts that have different meanings and implications. Ownership of a property is the legal right to possess, use, and control the property. Possession of a property is the actual physical control of the property. The two concepts are often confused or used interchangeably, but there are sign...
Understanding the Concept of Adverse Possession in India
Adverse possession is a legal concept that is used to determine ownership of a piece of real estate. It is a long-standing principle of real estate law that provides a way for a person who has been in continuous possession of a piece of land for a certain period of time to gain legal title to that land. In India, adverse possession is governed by t...
Women’s Right in Agricultural Property in India with special focus on Hindu Succession Act, 1956
Agricultural property is a very important factor for the economic development of India. It is the backbone of the Indian economy as it contributes to the production of food grains, vegetables, fruits and other essential commodities. The agricultural sector has been a major contributor to the Gross Domestic Product (GDP) of the country for the past ...
All you need to know about Land Acquisition Act, 2013
Introduction The Land Acquisition Act of 2013 is a major piece of legislation that was passed by the Indian Parliament in 2013. It replaced the archaic Land Acquisition Act of 1894, which had been in place for more than a century. The 2013 Act seeks to provide a more equitable and balanced framework for land acquisition across India, while protecti...
Some Important Points on Builder-Buyer Agreement
What is a Builder Buyer Agreement? A Builder-Buyer Agreement is a contractual arrangement between a real estate developer (builder) and a purchaser (buyer). The agreement outlines the expectations and obligations of both parties in the purchase of a property. It ensures that both parties are aware of all the necessary details of the transaction, su...
Analysis of Recent Judgments under RERA
1. Experion Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor (Civil Appeal No. 6044 of 2019 and Civil Appeal No. 7149 of 2019), April 07, 2022, In the Supreme Court of India Facts: Sushma Ashok Shiroor had booked an apartment from Experion Developers in Sector 112, Gurugram, Haryana, but the possession was not delivered within the stipulated time, s...
Title Insurance under RERA
Title insurance is a type of indemnity insurance that protects a home buyer or property owner from financial loss caused by title Issues. The policy is retroactive, which means that the insured is protected against losses resulting from events that occurred prior to the date the policy was issued. Section 16 of the Real Estate (Regulation and Dev...
Structural Deficiency under RERA Ac
Structural deficiency is a term used to describe a problem with the structure of a building that affects its safety or stability. It can be caused by a variety of factors, including poor design, inferior construction materials and poor workmanship. Structural deficiency can pose a serious risk to the people living or working in the affected buildin...
Procedure of filing Refund complaint with Gurugram RERA
The Government of India enacted The Real Estate (Regulation and Development) Act in 2016. The Preamble to the Act reads, "An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in and effici...
Daughter’s Right in Property
BACKGROUND ON PROPERTY RIGHTS IN INDIA Since medieval times till early 1900, Property Rights in India were governed by laws that differed from religion to religion,These property rights differed from region to region. Property Rights of Hindus before 1956, were governed by customary laws & Shashtric laws, these laws varied in some regions of ...
RIGHTS OF BUYER UNDER THE RERA
INTRODUCTION: The RERA Act was passed by parliament in 2016 with the aim to create an environment of fair transactions and holistic dealings between the buyer and seller of properties. With the RERA (Real Estate Regulatory Authority), India has got its first real estate regulator and the other states and union territories also have separate regula...
Builder Buyer Agreement Before and After RERA
SO, WHAT IS A BUILDER-BUYER AGREEMENT? These are the ‘Agreements for Sale’. The document basically signifies the said property is transferred to the owner’s name and that the rights and the liabilities are transferred to the new owner’s name, which is subject to the mutually agreed terms and conditions between them. The document contains the diffe...
Concept of Adverse Possession | Property Law
Introduction: In the historical context, the concept of adverse possession related to the land dates back to the days when the land was grabbed by feudal lords, conquerors and barrons from the poors, who could barely protect their right and ownership over the property. This practice is centuries old and even continues till today. The fundamental...
Real Estate | Deficiency in Service | Case Laws
DEFICIENCY IN SERVICE BY BUILDERS IN CONTEXT WITH THE LATEST LAW LAID DOWN BY SUPREME COURT INTRODUCTION: The Housing Sector has been hit badly by the poor service and the mischievous deeds of the giant builders, which have crucified the dreams of the homebuyers. The homebuyers are left in the lurch by these builders. Even after investing their ...
Article 35A | Indian Constitution | Property ownership of J&K Citizens
ARTICLE 35 A OF THE INDIAN CONSTITUTION: AMENDMENT WITH CONTEXT TO PROPERTY OWNERSHIP OF J&K CITIZENS There is a unique provision in the Indian Constitution i.e. Art 35A. It is a provision which is there in the bare act but not there !! The reason being Art 35A appears in the Appendix I of the Indian Constitution. The provision was especially and ...
PARTITION AND SUCCESSION SUITS | Property Law
In law, the phrase "partition" refers to the division or separation of real property by a court order, or the division of a concurrent estate into different sections, each of which reflects the proportional interests of the property's owners. In general, partition indicates that the individual coparceners' joint ownership has been divided into ind...
WHERE SHOULD HOMEBUYERS APPROACH: NCLT or RERA?
INTRODUCTION: Right from planning to own a home to actually owning one, it all takes a common man’s each and every penny earned from the hard work he has done in his life. Affording fraud or cheating played by the unscrupulous builders and real-estate companies is out of the thinking power of an owner. Since the last decade, the cases of such vic...
Property Settlement Deed | Download Free Template
1. What is a Property settlement deed? A deed of settlement is a legal instrument that formalizes an agreement between parties involved in a dispute. It settles disagreements between opposing parties. When the parties have agreed on and signed the deed, it contains stipulations that are legally binding on them. The deed of settlement is a quick a...
THE REAL ESTATE REGULATORY AUTHORITY [RERA]
The Real Estate (Regulation and Development) Act of 2016 (Act) and the Real Estate Regulatory Authority developed under it were created to balance the interests of many players in the real estate industry, minimise widespread misconduct, and safeguard purchasers. While the legislation took effect in 2017, it was not without controversy, with intens...
Solutions for Seeking A Share in The Property
Ancestral property is a property which is passed on to a family through four generations without partition or division in any way. Therefore, for a property to be considered ancestral, it must be inherited by grandfather and passed on by him to his son and so on without being divided or divided at any point. The laws and rules relating to the inher...
Rent Assurance Agreement | Download Free Templates
1. What is a Rent Assurance agreement? A Rent assurance agreement is a guarantee agreement whereby the investors are assured of the minimum return upon the investment made by them in the business of the other party. This agreement contains clauses as to the amount invested, the return to be paid to the investor, the rights and obligations of the ...
Adverse Possession of Immovable Property
One might be surprised to learn that under some conditions, a trespasser can enter your property, inhabit it, and claim legal possession. This is referred to as "adverse possession" in legal terms. We live in a civilization in which everything is regulated. Adverse possession serves as a reminder to the property owner of their ownership interest in...
#FounderSpotlight on Legal issues faced by real estate sector with Adv. Sravya Katta
Lawyered is pleased to announce its new series #FoundersSpotlight [https://www.youtube.com/hashtag/foundersspotlight]. In this series, we bring together advocates and startup founders to discuss legal issues faced by entrepreneurs everyday and various strategies to overcome them. The next episode brings together Adv. Sravya Katta, Advocate and Mr. ...
Provisions related to real estate #AMALawyered by Adv. Swapan Nath
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Swapan Nath
#F2FLawyered on India 2021 and Beyond: Real Estate in the New Normal with Mr. Sanjiv Dagar
Presenting a one-of-its-kind month long talk show for general counsels to discuss the problems faced by the legal community in the global lockdown, the ways to tackle them efficiently and the key learnings and takeaways - 'India 2021 and Beyond: A Way Forward'. The next episode brings together Mr. Akhilesh Kumar, General Counsel, SGS Group and Mr...
What to do when a Builder Delays Possession of Property? By LAWKHART LEGAL
Displaying [https://lh4.googleusercontent.com/AwEz10qwBdZEDdsMyznBRcsXLAadpctUmRoZY7oYcNXAD9yj9KSg7h59Aciv7Br2Cx2M5m-R529xt2SRoOAJnJUkvW8FFSCVbubGtQvt9K0k8DMIVa_qyu5qrKHENG-lvaSpr6m1nfMhyerllQ=w1366-h578] Introduction An individual invests his hard-earned income for buying new properties. But when the seller fails to transfer the property on time...
What is the difference between a mortgage and a charge? #AMALawyered by Adv. A Arumugam
Lawyered [https://www.lawyered.in/admin/] presents Advocate Arumugam Arunachalam [https://www.lawyered.in/lawyer-profile/arumugam-arunachalam-5689/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: What is the difference between a mortgage and a charge? Lawyered [https://law...
#MentorHours by Lawyered on 'Comprehending Property Law related Disputes'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on 'Comprehending Property Law related Disputes'. The webinar was conducted by Mr. Amit Srivastava [https://www.lawyered.in/lawyer-profile/amit-srivastava-2210/], Advocate, Found...
#MentorHours by Lawyered on 'Real Estate Market: Rights, Liabilities and Ownership'
Lawyered [https://www.lawyered.in] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on 'Real Estate Market: Rights, Liabilities and Ownership'. The webinar was conducted by Mr. Aman Kaushik [https://www.lawyered.in/lawyer-profile/aman-kaushik-5087/], Advocate, Chamber no. 56, District & Sessio...
Transfer of Ownership of the Goods in Business Law - Rahul Hingmire
TRANSFER OF OWNERSHIP OF THE GOODS IN BUSINESS LAW TRANSFER OF OWNERSHIP IN BUSINESS LAW FOR THE GOODS What is transfer of ownership in business law ? The transfer of ownership in business law for the goods which involves transfer of ownership of the absolute rights and legitimate claim to an object. Transfer of ownership is the means by which t...
COVID-19’s Impact On Lease And Suspension Of Rent By Pooja Thakkar
Author - Pooja Thakkar [https://www.lawyersclubindia.com/img/preview/paidnfree/Office-515984_1920.jpg]The COVID-19's Pandora's Box has left open several loose strands of ambiguity which require some tightening up, looking at the past reaction and anticipation of the possible future in various factions of life. One such faction already staring at t...
Indian Law- Does a Will Need to be Registered Or Not?
Indian Law- Does a Will Need to be Registered Or Not? Does a Will Have to be Registered Or Not? Author - Sanjiv Dagar Read this article from Lawyered to find out if it is necessary to register a will and whether the Registration of Will is mandatory. Get answers about probate of will in India and find out if it is compulsory. Does a Will nee...
#AMALawyered Advocate Rajan Kumar Hans COVID-19: Effect on Real Estate Sector
Lawyered [../../../../../] presents Advocate Rajan Kumar Hans [../../../../../lawyer-profile/rajan-kumar-hans-2512/], Founder - Hans & Hans Advocates, on COVID-19: Effect on Real Estate Sector in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered Situation: "Impact of covid19 on Real esta...
Property Laws In India | Property Law Act
PROPERTY LAWS IN INDIA AUTHOR - ASSOCIATE ZARMEEN JAHAN The Transfer of Property Act 1882 is an Indian enactment which directs the Laws related to property in India. It contains explicit arrangements concerning what comprises an exchange and the conditions connected to it. It came into power on 1 July 1882. As per the Act, 'move of property' si...
Delayed Possession
Author - Associate Shereen Abdin A large of the individuals are worried before putting resources into a proposed land venture or an under-development venture because of the dread of delayed possession or false guarantees. With the presentation of the Indian property law RERA (Real Estate Regulatory Act 2016) purchasing a fantasy, the house has tur...
Model Tenancy: Landlord or Tenant friendly?
Author - Associate Kantika Mukherjee and Advocate Karthik Raghavan The Ministry of Housing and Urban Affairs (MHUA) recently released the draft Model Tenancy Act, 2019, which proposes to regulate rental housing through a market-oriented approach. It states the obligations of tenants and landlords and offers an adjudication mechanism. Once enforced...
Transfer of Ownership law and its Legal Definition
TRANSFER OF OWNERSHIP LAW AND ITS LEGAL DEFINITION Author - Associate Sanjani Shah Ownership is a complex legal concept that has its beginning in ancient Roman law. In Roman law, ownership and possession were entitled as “dominium’ and ‘possessio’. The designated dominium denotes complete right to a thing while possessio hunted only physical con...
A Comparative Analysis Of Legal Remedies Available To Home Buyers by Advocate Kanchan Khatana
Author - Advocate Kanchan Khatana and Associate Nupur Mehrotra In today’s world where the judiciary is becoming more strict crimes are also increasing at the same pace. Every home buyer has a fear of being cheated by the builder as many fraud cases are coming up related to such cheatings. The buy is not sure that even after paying the agreed amoun...
What to do If Builder doesn't Give Possession on Time?
WHAT TO DO IF BUILDER DOESN'T GIVE POSSESSION ON TIME? Author - Associate Runa Jasia Possession of a Property can be called legal control over the property. It can be controlled over a property physically through legal paperwork. Owning a property makes a person financially strong and rich. Many times people tend to fight because of the ownership...
Real Estate Rules and Regulations in India
By Khyati Dhuparr Real Estate Laws- an overview When we talk about real estate it means the development of land and construction in relation to immovable property. There has been tremendous growth in the real estate sector in India as a result of more influx of industries, corporates and hence population in the cities. With the increase of the po...
Benami Property
BENAMI PROPERTY: Benami Property as the name itself suggests, is property without a name; over which a legal ownership cannot be claimed because the real owner has uses a fictitious identity to purchase it. To bring this into a simplified form, the property which has been purchased, is in the name of some other person other than the one who financ...
Legal compliance for real estate development
LEGAL COMPLIANCES FOR REAL ESTATE DEVELOPMENT EFFECTS OF MANDATED RERA LEGAL COMPLIANCE FOR REAL ESTATE DEVELOPERS India has always faced a scourge of black money, and the real estate industry has been notorious for its involvement in the same. Many real estate developers are paid in cash, which promotes use of untraceable cash, but not anymore!...
Benefit of RERA (Real Estate Regulatory Authority)
The Real Estate Regulatory Authority is a special body set up under the parliament act (Real Estate Regulatory And Authority Act) and deals with the real estate sector. ABOUT RERA (REAL ESTATE REGULATORY ACT) The Real Estate Regulatory Act was passed by Indian Parliament in 2016 which made it compulsory for all commercial as well as residential ...
How to Sue a Builder
Author: Priyamvada Sanjiv Dagar, Legajoist INTRODUCTION In this 21st century, owning a house is very difficult, real estate has emerged rapidly builders and developers play a vital role in completing the project and delivering it on time. Due to huge demand along with time and labor constrains builders fail to complete the projects on time, ther...
Facing Delayed Possession of Property?
The Supreme Court of India is proving to be a great help for all the stressed buyers who invested their hard earned money into buying a property but were facing delays in possession of their property. We have been helping home buyers approach the NCDRC (National Consumer Disputes Redressal Commission) in the right way and get their money back. La...
RERA: Real Estate Regulatory Act- All You Need To Know
AN INSIGHT INTO RERA RERA stands for Real Estate Regulatory Act. The bill was passed by the Rajya Sabha on 10th March 2016 and by the Lok Sabha on 15th March 2016. The Act came into force on 1st May 2016 with 59 of 92 sections notified. The Union Ministry of Housing and Urban Poverty Alleviation had given time till May 1st 2017, to formulate and n...
Documents You Must Check Before You Buy a House
Buying a new house has got to be one of the most ‘complex’ processes, mainly because no ever can ever be too sure if everything is in place. We have already covered a basic checklist before purchasing property [https://www.lawyered.in/legal-disrupt/articles/10-must-checks-buying-property/], this article will focus on the most important documents th...
10 Must-Checks Before Buying Property
Buying a property can be a tedious process. To avoid the wrongs and dodge the pressure, we have narrowed down the to-dos below: 1. Check the approvals and verify licenses: post finalization of your property, keep in mind to check the builder’s documents ranging from commencement certificate for work, environmental clearance and approved building p...
Son has no legal right in parents' house, can stay at their mercy: Delhi high court
NEW DELHI: A son, irrespective of his marital status, has no legal right to live in the self-acquired house of his parents and can reside there only at their "mercy", the Delhi high court has said. The court also said that only because parents have allowed the son to live in their house as long as their relations are cordial does not mean they hav...