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www.buildnova.com - legal Advice

          Legal Advice plays a vital role in important aspects of Construction. Be it construction, purchase, sale or lease of property  – Legal Advice is mandatory. Buildnova aims at guiding its users to find the right lawyer and enlighten them in various legal issues related to construction.

 

            To learn your legal rights, click a topic below and find answers to your legal questions.

  Purchase of Property

            Agreement

            Arbitration

            Consumer Protection

               Compensation for delay in flat construction

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If you are buying or selling a house/land or any other property and are in need of Legal Advice, please post your query  

 

Purchase of Property

 

          The property bears a Survey number. To prove the title of any person to the immovable property he must have a title deed.  It may be a sale deed , gift deed or partition deed. It must be registered. To examine the title of any person, the original title deed along with the prior link documents must be produced. Mere production of a single title deed is not enough.  

 

          The title along with the link documents must be verified for a period of 15 years prior to the date of verification of the title. If the property is a land property which is assessed for land revenue, the land revenue receipts and the Pattadar pass book should also be produced. If the property is situated in the Municipality or Corporation there would be a property register and property tax demand register. Verification of the name of the person in the said registers must be carried out.  If the property is a house then the  house tax demand  registers in the Panchayat, Municipality or Corporation must be verified for up to date payment of the house tax. An encumbrance certificate is also to be obtained from the concerned Sub-Registrar to show that there are no mortgages (etc) for a period of 15 years earlier.

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Agreement

 

   Every agreement after 1999 in respect of immovable property is compulsorily registerable.  Five percent on the basic value is to be paid as stamp duty plus registration charges.  Every alienation for more than 5 lakhs would be registered by the Sub-Registrar only if income tax clearance certificate is produced by both transferer and transferee.  In case of apartments, tripartite agreements between the owner of the site, builder and the purchaser can be entered into.  A power of Attorney can be obtained by the builder from owner, for the delivery of the property to avoid double stamp duty.  The builder would directly execute a sale deed in favour of the purchaser based on the power of Attorney. Every transferee will have right over the undivided share in the site.

 

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Arbitration       

 

          In the agreement both parties can fix up a term so that all disputes between them arising outside the agreement can be referred to one or more arbitrators named by them.  That is called Arbitration Agreement Clause.  Based on the clause of arbitration, the arbitrator would decide the matter and give a settlement. It is called an award. It will be binding on both the parties. If any party wants to challenge the award, they have to file a suite to set-aside the award.

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Consumer Protection 

 

 

           As amended by the Amendment Act of 50/93, housing construction is also a service coming under the Consumer Protection Act.  If any party who is aggrieved approaches Consumer Forum, the Consumer Forum may order any person to remove the defects or order to pay compensation for any loss of property.  An appeal to the State Commission may be made against the orders of the District Forum. 

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Disclaimer
Buildnova provides general legal information to help people understand their legal rights, but is not a substitute for personal legal advice from a solicitor. Legal Advice is offered for your own personal, non-commercial purposes, AS IS, subject to our disclaimer and conditions of use. Questions or problems regarding this  web  page should be directed to info@buildnova.com

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