Quick Contact Mobile: + 91 97630 40088 / 9764133661|[email protected]
­

Advocates in matter relating to Divorce and Domestic Violence

CONSULTANCY FOR TO DOMESTIC VIOLENCE PUNE

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not meant to penalize criminally.[1] The act does not extend to Jammu and Kashmir, which has its own laws, and which enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.[2]
Contents [hide]
1 Definition
2 Scope
3 Application to the magistrate
3.1 Jurisdiction of court
3.2 Different kinds of order issued by the Magistrate
3.2.1 Protection orders
3.2.2 Residence orders
3.2.3 Monetary relief
3.2.4 Custody orders
3.2.5 Compensation orders
4 Criticism
5 See also
6 References
7 External links

DEFINITION
The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code – section 498A of the Indian Penal Code – in that it provides a broader definition of domestic violence.[3]
Domestic violence is defined by Section 3 of the Act as[4] “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
The Act goes on, through the section Explanation 1, to define “physical abuse”,”sexual abuse”, “verbal and emotional abuse” and “economic abuse”.[4]

SCOPE
Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic.[3] Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.

The salient features of the Protection from Domestic Violence Act, 2005 are as follows:
The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act.

“Domestic violence” includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.

The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bail able offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
While “economic abuse” includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom whether payable under an order of a Court or otherwise or which the victim requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by her, payment of rental related to the shared household and maintenance and disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or her children or her stridhan or any other property jointly or separately held by the victim and prohibition or restriction to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household, “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force.

*APPLICATION TO THE MAGISTRATE
An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by:
The aggrieved person,
Protection officer on behalf of aggrieved person
Any other person on behalf of aggrieved person

JURISDICTION OF COURT
The first class magistrate court or metropolitan court shall be the competent court within the local limits of which
The aggrieved person permanently or temporary resides or carries on business or is employed
The respondent permanently or temporally resides or carries on business or is employed or
The cause of action arises.

Any order made under this Act shall be enforceable throughout India While disposing application the magistrate shall take in to consideration any domestic incident report received from the protection officer or service provider. The relief sought under this section includes the issuance of order of payment or compensation or damages without prejudice to the right of such person to institute suit for compensation or damages for injuries caused by the act of domestic violence. If the magistrate is satisfied that an application prima facie discloses that the respondent is committing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant following exparte interim order against the respondent on the basis of affidavit of the aggrieved person. Magistrate can issue different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.

In case of an earlier decree of compensation or damages passed by any other court, in favour of aggrieved person, the amount if any paid shall be set off against the order of amount payable under this act. The application to the magistrate shall be as nearly possible to the formats prescribed under this Act and Rules. After receiving the application the Magistrate shall fix the date of first hearing within 3 days and the magistrate shall endeavor to dispose of every application be within a period of 60 days of the first hearing. The notice of the date of hearing shall be given by the magistrate to the protection officer who shall get it served to the respondent. At any stage of the application, the magistrate may order, counseling of the respondent or aggrieved person either singly or jointly with any member of service provider. The magistrate may secure the service of suitable person preferably a woman including a person engaged in the welfare of women for assisting the court in the discharge of its function. If the circumstance of the case so warrant and if either party so desires the magistrate may conduct the proceedings on camera.

*DIFFERENT KINDS OF ORDER ISSUED BY THE MAGISTRATE
PROTECTION ORDERS
After giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as Committing any acts of domestic violence
Aiding or abetting in the act of domestic violence
Entering the place of employment of aggrieved person or if the person is child, its school or any other places
Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
Committing any other acts specified by the protection officer

*RESIDENCE ORDERS
The magistrate being satisfied that a domestic violence has taken place, pass residence order-
Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
Directing the respondent to remove himself from the shared household
Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
Restraining the respondent from renouncing his right in the shared household
Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.
No order shall be made against women under this section. Magistrate may impose additional condition and pass any other order to protect the safety of the aggrieved person or her child. Magistrate is also empowered to order direction the concerned station house officer of the police station to give protection to the aggrieved person r to assist in implementing his order. Magistrate may also impose on the respondent to direct stridhan or any other property or valuable security she is entitled
*MONETARY RELIEF
The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

Loss of earnings
Medical expenses
Loss caused due to destruction or removal or damage of any property
Pass order as to maintenance for the aggrieved person as well as her children if any
Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.
The quantum of relief shall be fair reasonable and consistent with the standard of living to which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.

CUSTODY ORDERS
Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

COMPENSATION ORDERS
Magistrate may pass order directing the respondent to pay compensation to the petitioner for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.
Copies of orders passed by the magistrate shall be supplied free of cost to the parties concerned and police officer and service provider
Any relief available under this Act may also be sought in any other legal proceedings before a civil court, family court or criminal court and such relief may be sought in addition to and along with relief sought for in suit, or legal proceeding before civil or criminal court

*CRITICISM
Some[who?] have criticized the law as having too little force, serving chiefly as a civil, rather than criminal, law—requiring a further offense by the accused respondent (such as violating a Protection Order issued under this law) before triggering criminal law sanctions against the respondent (such as arrest and imprisonment). However, groups involved in drafting the law believed this would provide more rapid and flexible relief for the victim.[5][6]

Men’s organizations such as the Save Indian Family Foundation have opposed the law, arguing that it might be misused by women during disputes.[3][7]
Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that “an equal gender law would be ideal. But there is simply too much physical evidence to prove that it is mainly the woman who suffers at the hands of man”.[8]
Former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal abuse in the act.[9]
According to the then President of India, Pratibha Devisingh Patil, “Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation.”

*MATRIMONIAL DISPUTE:-
Questions arises when there is a property jointly owned, in matrimonial dispute were Wife had filed Application u/s 12 of Domestic Violence Act,2005 and sought protection u/s 18 of the Act the Property acquired jointly by Husband and Wife, Wife Prayed to restrain husband from enjoyment of flat, Husband filed application of interim relief of accommodation rejected and limited relief was granted to him from alienating.
Problems In Matrimonial Disputes:-

In matrimonial disputes, what are the real problems that confront a divorcing couple? Begin with the definition of divorce. Black’s Law Dictionary defines divorce as “the legal separation of man and wife.” The New Britannica – Webster Dictionary defines divorce as “a complete legal dissolution of a marriage.” Interestingly, however, marriage has a much broader definition. Britannica – Webster defines marriage as “the institution whereby a man and a woman are joined in a special social and legal relationship for the purpose of making a home and raising a family.”
Thus, it is interesting to see that marriage is viewed as a legal and social union of two people; however, divorce is merely viewed as the legal termination of said marriage. These definitions in and of themselves highlight one of the basic problems that occur when a couple chooses to divorce. Namely, although the legal system is equipped to deal with the legal problems that the couple faces when divorcing, it does not address nor is it equipped to deal with the social and emotional issues that confront the couple.

Once the emotional or social issues are dealt with, it makes the resolution of the legal issues that much easier. Taking it a step further, what most people really are arguing about is not legal or financial issues, but rather arguments fueled by their desire to get some form of revenge for a perceived wrong by the other spouse.
Once each of the participants is helped and supported to resolve the emotional and social issues, however, they are in a much better position to deal effectively with the legal and financial issues.

By |November 4th, 2017|Advocates in matter relating to Divorce and Domestic Violence|Comments Off on Advocates in matter relating to Divorce and Domestic Violence
Read More

What is Domestic Violence?

CONSULTANCY FOR TO DOMESTIC VIOLENCE PUNE

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not meant to penalize criminally.[1] The act does not extend to Jammu and Kashmir, which has its own laws, and which enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.[2]
Contents [hide]
1 Definition
2 Scope
3 Application to the magistrate
3.1 Jurisdiction of court
3.2 Different kinds of order issued by the Magistrate
3.2.1 Protection orders
3.2.2 Residence orders
3.2.3 Monetary relief
3.2.4 Custody orders
3.2.5 Compensation orders
4 Criticism
5 See also
6 References
7 External links

DEFINITION
The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code – section 498A of the Indian Penal Code – in that it provides a broader definition of domestic violence.[3]
Domestic violence is defined by Section 3 of the Act as[4] “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
The Act goes on, through the section Explanation 1, to define “physical abuse”,”sexual abuse”, “verbal and emotional abuse” and “economic abuse”.[4]

SCOPE
Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic.[3] Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.

The salient features of the Protection from Domestic Violence Act, 2005 are as follows:
The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act.

“Domestic violence” includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.

The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bail able offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
While “economic abuse” includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom whether payable under an order of a Court or otherwise or which the victim requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by her, payment of rental related to the shared household and maintenance and disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or her children or her stridhan or any other property jointly or separately held by the victim and prohibition or restriction to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household, “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force.

*APPLICATION TO THE MAGISTRATE
An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by:
The aggrieved person,
Protection officer on behalf of aggrieved person
Any other person on behalf of aggrieved person

JURISDICTION OF COURT
The first class magistrate court or metropolitan court shall be the competent court within the local limits of which
The aggrieved person permanently or temporary resides or carries on business or is employed
The respondent permanently or temporally resides or carries on business or is employed or
The cause of action arises.

Any order made under this Act shall be enforceable throughout India While disposing application the magistrate shall take in to consideration any domestic incident report received from the protection officer or service provider. The relief sought under this section includes the issuance of order of payment or compensation or damages without prejudice to the right of such person to institute suit for compensation or damages for injuries caused by the act of domestic violence. If the magistrate is satisfied that an application prima facie discloses that the respondent is committing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant following exparte interim order against the respondent on the basis of affidavit of the aggrieved person. Magistrate can issue different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.

In case of an earlier decree of compensation or damages passed by any other court, in favour of aggrieved person, the amount if any paid shall be set off against the order of amount payable under this act. The application to the magistrate shall be as nearly possible to the formats prescribed under this Act and Rules. After receiving the application the Magistrate shall fix the date of first hearing within 3 days and the magistrate shall endeavor to dispose of every application be within a period of 60 days of the first hearing. The notice of the date of hearing shall be given by the magistrate to the protection officer who shall get it served to the respondent. At any stage of the application, the magistrate may order, counseling of the respondent or aggrieved person either singly or jointly with any member of service provider. The magistrate may secure the service of suitable person preferably a woman including a person engaged in the welfare of women for assisting the court in the discharge of its function. If the circumstance of the case so warrant and if either party so desires the magistrate may conduct the proceedings on camera.

*DIFFERENT KINDS OF ORDER ISSUED BY THE MAGISTRATE
PROTECTION ORDERS
After giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as Committing any acts of domestic violence
Aiding or abetting in the act of domestic violence
Entering the place of employment of aggrieved person or if the person is child, its school or any other places
Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
Committing any other acts specified by the protection officer

*RESIDENCE ORDERS
The magistrate being satisfied that a domestic violence has taken place, pass residence order-
Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
Directing the respondent to remove himself from the shared household
Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
Restraining the respondent from renouncing his right in the shared household
Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.
No order shall be made against women under this section. Magistrate may impose additional condition and pass any other order to protect the safety of the aggrieved person or her child. Magistrate is also empowered to order direction the concerned station house officer of the police station to give protection to the aggrieved person r to assist in implementing his order. Magistrate may also impose on the respondent to direct stridhan or any other property or valuable security she is entitled
*MONETARY RELIEF
The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

Loss of earnings
Medical expenses
Loss caused due to destruction or removal or damage of any property
Pass order as to maintenance for the aggrieved person as well as her children if any
Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.
The quantum of relief shall be fair reasonable and consistent with the standard of living to which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.

CUSTODY ORDERS
Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

COMPENSATION ORDERS
Magistrate may pass order directing the respondent to pay compensation to the petitioner for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.
Copies of orders passed by the magistrate shall be supplied free of cost to the parties concerned and police officer and service provider
Any relief available under this Act may also be sought in any other legal proceedings before a civil court, family court or criminal court and such relief may be sought in addition to and along with relief sought for in suit, or legal proceeding before civil or criminal court

*CRITICISM
Some[who?] have criticized the law as having too little force, serving chiefly as a civil, rather than criminal, law—requiring a further offense by the accused respondent (such as violating a Protection Order issued under this law) before triggering criminal law sanctions against the respondent (such as arrest and imprisonment). However, groups involved in drafting the law believed this would provide more rapid and flexible relief for the victim.[5][6]

Men’s organizations such as the Save Indian Family Foundation have opposed the law, arguing that it might be misused by women during disputes.[3][7]
Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that “an equal gender law would be ideal. But there is simply too much physical evidence to prove that it is mainly the woman who suffers at the hands of man”.[8]
Former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal abuse in the act.[9]
According to the then President of India, Pratibha Devisingh Patil, “Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation.”

*MATRIMONIAL DISPUTE:-
Questions arises when there is a property jointly owned, in matrimonial dispute were Wife had filed Application u/s 12 of Domestic Violence Act,2005 and sought protection u/s 18 of the Act the Property acquired jointly by Husband and Wife, Wife Prayed to restrain husband from enjoyment of flat, Husband filed application of interim relief of accommodation rejected and limited relief was granted to him from alienating.
Problems In Matrimonial Disputes:-

In matrimonial disputes, what are the real problems that confront a divorcing couple? Begin with the definition of divorce. Black’s Law Dictionary defines divorce as “the legal separation of man and wife.” The New Britannica – Webster Dictionary defines divorce as “a complete legal dissolution of a marriage.” Interestingly, however, marriage has a much broader definition. Britannica – Webster defines marriage as “the institution whereby a man and a woman are joined in a special social and legal relationship for the purpose of making a home and raising a family.”
Thus, it is interesting to see that marriage is viewed as a legal and social union of two people; however, divorce is merely viewed as the legal termination of said marriage. These definitions in and of themselves highlight one of the basic problems that occur when a couple chooses to divorce. Namely, although the legal system is equipped to deal with the legal problems that the couple faces when divorcing, it does not address nor is it equipped to deal with the social and emotional issues that confront the couple.

Once the emotional or social issues are dealt with, it makes the resolution of the legal issues that much easier. Taking it a step further, what most people really are arguing about is not legal or financial issues, but rather arguments fueled by their desire to get some form of revenge for a perceived wrong by the other spouse.
Once each of the participants is helped and supported to resolve the emotional and social issues, however, they are in a much better position to deal effectively with the legal and financial issues.

By |November 4th, 2017|Uncategorized|Comments Off on What is Domestic Violence?
Read More

Advocates in Divorce and Domestic Violence around Pune

CONSULTANCY FOR TO DOMESTIC VIOLENCE PUNE

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not meant to penalize criminally.[1] The act does not extend to Jammu and Kashmir, which has its own laws, and which enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.[2]
Contents [hide]
1 Definition
2 Scope
3 Application to the magistrate
3.1 Jurisdiction of court
3.2 Different kinds of order issued by the Magistrate
3.2.1 Protection orders
3.2.2 Residence orders
3.2.3 Monetary relief
3.2.4 Custody orders
3.2.5 Compensation orders
4 Criticism
5 See also
6 References
7 External links

DEFINITION
The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code – section 498A of the Indian Penal Code – in that it provides a broader definition of domestic violence.[3]
Domestic violence is defined by Section 3 of the Act as[4] “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
The Act goes on, through the section Explanation 1, to define “physical abuse”,”sexual abuse”, “verbal and emotional abuse” and “economic abuse”.[4]

SCOPE
Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic.[3] Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.

The salient features of the Protection from Domestic Violence Act, 2005 are as follows:
The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act.

“Domestic violence” includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.

The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bail able offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
While “economic abuse” includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom whether payable under an order of a Court or otherwise or which the victim requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by her, payment of rental related to the shared household and maintenance and disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or her children or her stridhan or any other property jointly or separately held by the victim and prohibition or restriction to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household, “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force.

*APPLICATION TO THE MAGISTRATE
An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by:
The aggrieved person,
Protection officer on behalf of aggrieved person
Any other person on behalf of aggrieved person

JURISDICTION OF COURT
The first class magistrate court or metropolitan court shall be the competent court within the local limits of which
The aggrieved person permanently or temporary resides or carries on business or is employed
The respondent permanently or temporally resides or carries on business or is employed or
The cause of action arises.

Any order made under this Act shall be enforceable throughout India While disposing application the magistrate shall take in to consideration any domestic incident report received from the protection officer or service provider. The relief sought under this section includes the issuance of order of payment or compensation or damages without prejudice to the right of such person to institute suit for compensation or damages for injuries caused by the act of domestic violence. If the magistrate is satisfied that an application prima facie discloses that the respondent is committing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant following exparte interim order against the respondent on the basis of affidavit of the aggrieved person. Magistrate can issue different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.

In case of an earlier decree of compensation or damages passed by any other court, in favour of aggrieved person, the amount if any paid shall be set off against the order of amount payable under this act. The application to the magistrate shall be as nearly possible to the formats prescribed under this Act and Rules. After receiving the application the Magistrate shall fix the date of first hearing within 3 days and the magistrate shall endeavor to dispose of every application be within a period of 60 days of the first hearing. The notice of the date of hearing shall be given by the magistrate to the protection officer who shall get it served to the respondent. At any stage of the application, the magistrate may order, counseling of the respondent or aggrieved person either singly or jointly with any member of service provider. The magistrate may secure the service of suitable person preferably a woman including a person engaged in the welfare of women for assisting the court in the discharge of its function. If the circumstance of the case so warrant and if either party so desires the magistrate may conduct the proceedings on camera.

*DIFFERENT KINDS OF ORDER ISSUED BY THE MAGISTRATE
PROTECTION ORDERS
After giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as Committing any acts of domestic violence
Aiding or abetting in the act of domestic violence
Entering the place of employment of aggrieved person or if the person is child, its school or any other places
Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
Committing any other acts specified by the protection officer

*RESIDENCE ORDERS
The magistrate being satisfied that a domestic violence has taken place, pass residence order-
Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
Directing the respondent to remove himself from the shared household
Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
Restraining the respondent from renouncing his right in the shared household
Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.
No order shall be made against women under this section. Magistrate may impose additional condition and pass any other order to protect the safety of the aggrieved person or her child. Magistrate is also empowered to order direction the concerned station house officer of the police station to give protection to the aggrieved person r to assist in implementing his order. Magistrate may also impose on the respondent to direct stridhan or any other property or valuable security she is entitled
*MONETARY RELIEF
The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

Loss of earnings
Medical expenses
Loss caused due to destruction or removal or damage of any property
Pass order as to maintenance for the aggrieved person as well as her children if any
Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.
The quantum of relief shall be fair reasonable and consistent with the standard of living to which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.

CUSTODY ORDERS
Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

COMPENSATION ORDERS
Magistrate may pass order directing the respondent to pay compensation to the petitioner for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.
Copies of orders passed by the magistrate shall be supplied free of cost to the parties concerned and police officer and service provider
Any relief available under this Act may also be sought in any other legal proceedings before a civil court, family court or criminal court and such relief may be sought in addition to and along with relief sought for in suit, or legal proceeding before civil or criminal court

*CRITICISM
Some[who?] have criticized the law as having too little force, serving chiefly as a civil, rather than criminal, law—requiring a further offense by the accused respondent (such as violating a Protection Order issued under this law) before triggering criminal law sanctions against the respondent (such as arrest and imprisonment). However, groups involved in drafting the law believed this would provide more rapid and flexible relief for the victim.[5][6]

Men’s organizations such as the Save Indian Family Foundation have opposed the law, arguing that it might be misused by women during disputes.[3][7]
Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that “an equal gender law would be ideal. But there is simply too much physical evidence to prove that it is mainly the woman who suffers at the hands of man”.[8]
Former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal abuse in the act.[9]
According to the then President of India, Pratibha Devisingh Patil, “Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation.”

*MATRIMONIAL DISPUTE:-
Questions arises when there is a property jointly owned, in matrimonial dispute were Wife had filed Application u/s 12 of Domestic Violence Act,2005 and sought protection u/s 18 of the Act the Property acquired jointly by Husband and Wife, Wife Prayed to restrain husband from enjoyment of flat, Husband filed application of interim relief of accommodation rejected and limited relief was granted to him from alienating.
Problems In Matrimonial Disputes:-

In matrimonial disputes, what are the real problems that confront a divorcing couple? Begin with the definition of divorce. Black’s Law Dictionary defines divorce as “the legal separation of man and wife.” The New Britannica – Webster Dictionary defines divorce as “a complete legal dissolution of a marriage.” Interestingly, however, marriage has a much broader definition. Britannica – Webster defines marriage as “the institution whereby a man and a woman are joined in a special social and legal relationship for the purpose of making a home and raising a family.”
Thus, it is interesting to see that marriage is viewed as a legal and social union of two people; however, divorce is merely viewed as the legal termination of said marriage. These definitions in and of themselves highlight one of the basic problems that occur when a couple chooses to divorce. Namely, although the legal system is equipped to deal with the legal problems that the couple faces when divorcing, it does not address nor is it equipped to deal with the social and emotional issues that confront the couple.

Once the emotional or social issues are dealt with, it makes the resolution of the legal issues that much easier. Taking it a step further, what most people really are arguing about is not legal or financial issues, but rather arguments fueled by their desire to get some form of revenge for a perceived wrong by the other spouse.
Once each of the participants is helped and supported to resolve the emotional and social issues, however, they are in a much better position to deal effectively with the legal and financial issues.

By |November 4th, 2017|Advocates in Divorce and Domestic Violence around Pune|Comments Off on Advocates in Divorce and Domestic Violence around Pune
Read More

REGISTRATION IN PUNE

CO-OPERATIVE LAWYERS IN PUNE

*Ved Legal deals with property transfer cases such as SALE DEED, GIFT DEED, ASSINGMENT DEED, MORTGAGE DEED, and AGREEMENTS etc….since 2007. Ved Legal offers a multitude of services in the areas of Property, Co-operative and Matrimonial law and it is best known for its expertise in these fields. We have vast experience in representing our clients before concern authorities for the matters. We therefore undertake different types of property matters as mentioned above various transfers, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc.

We have enough experience in co-operative laws and property laws as well as we are specifically expertise in execution and registration process of various DEED & AGREEMENTS as well as in Registration process of Co-operative Housing/Commercial/Industrial Societies, Federations and execution of Conveyance or Deemed Conveyance thereof.

*AMENDMENTS IN THE TRANSFER OF PROPERTY ACT 1882.
Execution and registration of sale deed for an immoveable property transfers and conveys absolute title of the property in favour of the buyer. However, in certain cases, when a sale deed for an immoveable property is being executed, the concerned parties incorporate certain conditions in the document that impose restrictions or constraints on the right of the buyer to sell or transfer the property.
The Transfer of Property Act, 1882 deals with such restrictions or constraints. Any condition or limitation restraining the buyer from parting with or disposing of his interest in the property is void according to the act. Two exceptions to this rule are:

■ In the case of a lease where such restriction or condition is imposed for the benefit of the lessor, and
■ Where a property is transferred to or for the benefit of a woman who is not a Hindu, Muslim or Buddhist, with a condition that she shall not have power during her marriage to transfer or create any encumbrance in the sale of property transferred to her

The above mentioned rule has been incorporated into the Act to encourage sale and purchase of property without restriction on future transfer. It is based on the basic principle that transferring a property cannot be separated from giving the beneficial ownership of the property to the transferee/buyer. Therefore, the condition by which an absolute restraint is imposed against the transfer of that property is considered to be void. Selling or transferring the property is an inherent right of every owner and restrictive conditions cannot be imposed on him or her.
One of the examples of absolute restraint can be where A ( owner of a property) agrees to sell it to B (the buyer)for 1 lakh. While executing of the sale deed, A puts a condition in the sale deed that if B ever intends to part with or sell or transfer the house in the future, B must sell the house to A or heirs of A and to no one else. Such a condition would fall in the category of absolute restraint as it affects the beneficial enjoyment of the house by B. Beneficial enjoyment of the house by B includes his right to sell it or dispose it in any other way.
The consistent view of the courts has been that an absolute restraint is void but a partial restraint is not.

For applicability of this rule, two essential conditions are required: ■ There must be a transfer of property and ■ There must be a condition which absolutely restrains the transferee/buyer from alienation/transfer of such property This rule applies to only those conditions which impose an absolute condition on the alienation/ transfer of property. However, there may be certain conditions, which partially restrain the right of the owner of the property to alienate/transfer the property. Such specific conditions which partially restrain the owner from alienating/ transferring the property have been held to be valid by various courts on various occasions.

*PAPERS/DOCUMENTS REQUIRED FOR PROPERTY REGISTRATION IN PUNE
The following papers and documents are required for the registration of property.

ADJUDICATION
Adjudication is a process which evaluates a market value of a property and hence ascertains the stamp duty by collector of stamps. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.

NO OBJECTION CERTIFICATE
A No Objection Certificate (NOC) is required under the Urban Land Ceiling Act, if the land transferred exceeds 500 mtrs in the Pune City, If the land belongs to a Government Body or Semi-Government body or Charitable Trust then the NOC of the body is also required.

PROPERTY CARD OF THE LAND
A Property Card of the land on which the property is being registered is situated is necessary. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.

PROOF OF OLD CONSTRUCTION
If you are going to purchase and old property then you may claim the benefit of depreciation during the adjudication procedure. For that, the documents required are
–Municipal Assessment Bill Of The Building,
–Building Completion Certificate
— Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building

REGISTRATION FEES
As per the valuation the registration fee is to be paid in cash to the sub-registrar at the time of registration. The fees are prescribed in the Registration Act, 1908 which is 1% of the market value or up to Rs. 30,000/- which is accepted by a Challan.

PROOF OF IDENTITY
Any proof of identity such as voter id card, PAN card, driving license, passport etc are required during the registration procedure.
Original Stamp Duty Payment Receipt
Photocopy of the Deed and Butter Paper

*TRANSFER OF PROPERTY LAWS….
Land is a subject falling within the powers of the State Governments under the Constitution of India 1 and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift.
When a person acquires or owns an immovable property, the law also give him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner also has a right to mortgage his immovable property as a security for loans. However, there are some laws which restrict the type of use a land can be put to, e.g., a land may be used only for residential or commercial purposes to prevent haphazard/unorganized growth of cities and towns. Laws in some of the States prevent/restrict outsiders from acquiring property within the State. Restrictions are also placed on non-agriculturists from acquiring agricultural land. There are also other laws which prescribe rules and regulations for protection of environment or which provide for approval of building plans/designs so as to protect people from natural or manmade hazards. Some laws like the Registration Act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain.
The Transfer of Property between any two parties is governed by the Transfer of Property Act, 1882. Both these parties need to be alive for transfer under the Act. In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable.

*PROPERTY LAW CASES / PROPERTY TRANSFER INCLUDES ALL MOVEABLE OR IMMOVABLE PROPERTY CLAIMS/SUITS.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer of Property
If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.
1. Terms for Payment
The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property
The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty
Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed
Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports
A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?
Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

*SALE OF IMMOVABLE PROPERTY
Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

*TRANSFER OF PROPERTY ACT IN INDIA
The Transfer of Property Act governs the transfer of property by any means in India. Property can be transferred by sale, mortgage, exchange, lease or gift. All such property transactions are governed by the Transfer of Property Act.
As per the Act, a sale is transfer of ownership of property in exchange for a price paid or promised to be paid. Any sale of property must be made only by a written and registered instrument like sale deed. On execution of a property transfer document, delivery of the immovable property takes place when the seller places the buyer, in possession of the property to complete the property sale transaction.
It is important to note that an agreement for sale of property does not amount to sale of property, as it does not, of itself, create any interest in or charge on the property.

Mortgage of Property
Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. Hence, though mortgage does not transfer the property to a third-party, it creates an interest in the immovable property. More about property mortgage laws in India.

Lease of Property
Lease of property is a transfer of right to enjoy the property, for a certain period of time or in perpetuity, for consideration paid or promised by the transferee. In a lease transaction, the owner of the property is the transferor and the tenant is the transferee. In the absence of a lease agreement, the lease of agricultural or manufacturing property is deemed to be a lease from year to year, terminable by either party with a six months notice. Lease of immovable property for any other purpose is deemed to be a lease from month to month, terminable by either party with fifteen days notice. Lease of property for any term exceeding one year or reserving a yearly rent must be made as a registered lease agreement. All lease agreements must be executed by both the lessor and the lessee.

Exchange of Property
When two persons agree transfer the ownership of a property for the ownership of another property, neither thing nor both things being money only, then the transaction is called an “exchange” of property. A transfer of property in completion of an exchange can be made only in a way provided for the transfer of such property by sale.

Gift of Property
Gift of property is when a transfer or property happens voluntarily and without consideration. In a gift of property, the person giving the property is called the donor and the person accepting the property is called the donee. All gift of property must be made by way of registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The acceptance of a gift of property must be made during the lifetime of the donor and while he is still capable of giving.

By |November 4th, 2017|REGISTRATION IN PUNE|Comments Off on REGISTRATION IN PUNE
Read More

DOCUMENTS REQUIRED FOR PROPERTY

CO-OPERATIVE LAWYERS IN PUNE

*Ved Legal deals with property transfer cases such as SALE DEED, GIFT DEED, ASSINGMENT DEED, MORTGAGE DEED, and AGREEMENTS etc….since 2007. Ved Legal offers a multitude of services in the areas of Property, Co-operative and Matrimonial law and it is best known for its expertise in these fields. We have vast experience in representing our clients before concern authorities for the matters. We therefore undertake different types of property matters as mentioned above various transfers, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc.

We have enough experience in co-operative laws and property laws as well as we are specifically expertise in execution and registration process of various DEED & AGREEMENTS as well as in Registration process of Co-operative Housing/Commercial/Industrial Societies, Federations and execution of Conveyance or Deemed Conveyance thereof.

*AMENDMENTS IN THE TRANSFER OF PROPERTY ACT 1882.
Execution and registration of sale deed for an immoveable property transfers and conveys absolute title of the property in favour of the buyer. However, in certain cases, when a sale deed for an immoveable property is being executed, the concerned parties incorporate certain conditions in the document that impose restrictions or constraints on the right of the buyer to sell or transfer the property.
The Transfer of Property Act, 1882 deals with such restrictions or constraints. Any condition or limitation restraining the buyer from parting with or disposing of his interest in the property is void according to the act. Two exceptions to this rule are:

■ In the case of a lease where such restriction or condition is imposed for the benefit of the lessor, and
■ Where a property is transferred to or for the benefit of a woman who is not a Hindu, Muslim or Buddhist, with a condition that she shall not have power during her marriage to transfer or create any encumbrance in the sale of property transferred to her

The above mentioned rule has been incorporated into the Act to encourage sale and purchase of property without restriction on future transfer. It is based on the basic principle that transferring a property cannot be separated from giving the beneficial ownership of the property to the transferee/buyer. Therefore, the condition by which an absolute restraint is imposed against the transfer of that property is considered to be void. Selling or transferring the property is an inherent right of every owner and restrictive conditions cannot be imposed on him or her.
One of the examples of absolute restraint can be where A ( owner of a property) agrees to sell it to B (the buyer)for 1 lakh. While executing of the sale deed, A puts a condition in the sale deed that if B ever intends to part with or sell or transfer the house in the future, B must sell the house to A or heirs of A and to no one else. Such a condition would fall in the category of absolute restraint as it affects the beneficial enjoyment of the house by B. Beneficial enjoyment of the house by B includes his right to sell it or dispose it in any other way.
The consistent view of the courts has been that an absolute restraint is void but a partial restraint is not.

For applicability of this rule, two essential conditions are required: ■ There must be a transfer of property and ■ There must be a condition which absolutely restrains the transferee/buyer from alienation/transfer of such property This rule applies to only those conditions which impose an absolute condition on the alienation/ transfer of property. However, there may be certain conditions, which partially restrain the right of the owner of the property to alienate/transfer the property. Such specific conditions which partially restrain the owner from alienating/ transferring the property have been held to be valid by various courts on various occasions.

*PAPERS/DOCUMENTS REQUIRED FOR PROPERTY REGISTRATION IN PUNE
The following papers and documents are required for the registration of property.

ADJUDICATION
Adjudication is a process which evaluates a market value of a property and hence ascertains the stamp duty by collector of stamps. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.

NO OBJECTION CERTIFICATE
A No Objection Certificate (NOC) is required under the Urban Land Ceiling Act, if the land transferred exceeds 500 mtrs in the Pune City, If the land belongs to a Government Body or Semi-Government body or Charitable Trust then the NOC of the body is also required.

PROPERTY CARD OF THE LAND
A Property Card of the land on which the property is being registered is situated is necessary. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.

PROOF OF OLD CONSTRUCTION
If you are going to purchase and old property then you may claim the benefit of depreciation during the adjudication procedure. For that, the documents required are
–Municipal Assessment Bill Of The Building,
–Building Completion Certificate
— Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building

REGISTRATION FEES
As per the valuation the registration fee is to be paid in cash to the sub-registrar at the time of registration. The fees are prescribed in the Registration Act, 1908 which is 1% of the market value or up to Rs. 30,000/- which is accepted by a Challan.

PROOF OF IDENTITY
Any proof of identity such as voter id card, PAN card, driving license, passport etc are required during the registration procedure.
Original Stamp Duty Payment Receipt
Photocopy of the Deed and Butter Paper

*TRANSFER OF PROPERTY LAWS….
Land is a subject falling within the powers of the State Governments under the Constitution of India 1 and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift.
When a person acquires or owns an immovable property, the law also give him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner also has a right to mortgage his immovable property as a security for loans. However, there are some laws which restrict the type of use a land can be put to, e.g., a land may be used only for residential or commercial purposes to prevent haphazard/unorganized growth of cities and towns. Laws in some of the States prevent/restrict outsiders from acquiring property within the State. Restrictions are also placed on non-agriculturists from acquiring agricultural land. There are also other laws which prescribe rules and regulations for protection of environment or which provide for approval of building plans/designs so as to protect people from natural or manmade hazards. Some laws like the Registration Act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain.
The Transfer of Property between any two parties is governed by the Transfer of Property Act, 1882. Both these parties need to be alive for transfer under the Act. In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable.

*PROPERTY LAW CASES / PROPERTY TRANSFER INCLUDES ALL MOVEABLE OR IMMOVABLE PROPERTY CLAIMS/SUITS.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer of Property
If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.
1. Terms for Payment
The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property
The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty
Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed
Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports
A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?
Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

*SALE OF IMMOVABLE PROPERTY
Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

*TRANSFER OF PROPERTY ACT IN INDIA
The Transfer of Property Act governs the transfer of property by any means in India. Property can be transferred by sale, mortgage, exchange, lease or gift. All such property transactions are governed by the Transfer of Property Act.
As per the Act, a sale is transfer of ownership of property in exchange for a price paid or promised to be paid. Any sale of property must be made only by a written and registered instrument like sale deed. On execution of a property transfer document, delivery of the immovable property takes place when the seller places the buyer, in possession of the property to complete the property sale transaction.
It is important to note that an agreement for sale of property does not amount to sale of property, as it does not, of itself, create any interest in or charge on the property.

Mortgage of Property
Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. Hence, though mortgage does not transfer the property to a third-party, it creates an interest in the immovable property. More about property mortgage laws in India.

Lease of Property
Lease of property is a transfer of right to enjoy the property, for a certain period of time or in perpetuity, for consideration paid or promised by the transferee. In a lease transaction, the owner of the property is the transferor and the tenant is the transferee. In the absence of a lease agreement, the lease of agricultural or manufacturing property is deemed to be a lease from year to year, terminable by either party with a six months notice. Lease of immovable property for any other purpose is deemed to be a lease from month to month, terminable by either party with fifteen days notice. Lease of property for any term exceeding one year or reserving a yearly rent must be made as a registered lease agreement. All lease agreements must be executed by both the lessor and the lessee.

Exchange of Property
When two persons agree transfer the ownership of a property for the ownership of another property, neither thing nor both things being money only, then the transaction is called an “exchange” of property. A transfer of property in completion of an exchange can be made only in a way provided for the transfer of such property by sale.

Gift of Property
Gift of property is when a transfer or property happens voluntarily and without consideration. In a gift of property, the person giving the property is called the donor and the person accepting the property is called the donee. All gift of property must be made by way of registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The acceptance of a gift of property must be made during the lifetime of the donor and while he is still capable of giving.

By |November 4th, 2017|DOCUMENTS REQUIRED FOR PROPERTY|Comments Off on DOCUMENTS REQUIRED FOR PROPERTY
Read More

Consultants for property

CO-OPERATIVE LAWYERS IN PUNE

*Ved Legal deals with property transfer cases such as SALE DEED, GIFT DEED, ASSINGMENT DEED, MORTGAGE DEED, and AGREEMENTS etc….since 2007. Ved Legal offers a multitude of services in the areas of Property, Co-operative and Matrimonial law and it is best known for its expertise in these fields. We have vast experience in representing our clients before concern authorities for the matters. We therefore undertake different types of property matters as mentioned above various transfers, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc.

We have enough experience in co-operative laws and property laws as well as we are specifically expertise in execution and registration process of various DEED & AGREEMENTS as well as in Registration process of Co-operative Housing/Commercial/Industrial Societies, Federations and execution of Conveyance or Deemed Conveyance thereof.

*AMENDMENTS IN THE TRANSFER OF PROPERTY ACT 1882.
Execution and registration of sale deed for an immoveable property transfers and conveys absolute title of the property in favour of the buyer. However, in certain cases, when a sale deed for an immoveable property is being executed, the concerned parties incorporate certain conditions in the document that impose restrictions or constraints on the right of the buyer to sell or transfer the property.
The Transfer of Property Act, 1882 deals with such restrictions or constraints. Any condition or limitation restraining the buyer from parting with or disposing of his interest in the property is void according to the act. Two exceptions to this rule are:

■ In the case of a lease where such restriction or condition is imposed for the benefit of the lessor, and
■ Where a property is transferred to or for the benefit of a woman who is not a Hindu, Muslim or Buddhist, with a condition that she shall not have power during her marriage to transfer or create any encumbrance in the sale of property transferred to her

The above mentioned rule has been incorporated into the Act to encourage sale and purchase of property without restriction on future transfer. It is based on the basic principle that transferring a property cannot be separated from giving the beneficial ownership of the property to the transferee/buyer. Therefore, the condition by which an absolute restraint is imposed against the transfer of that property is considered to be void. Selling or transferring the property is an inherent right of every owner and restrictive conditions cannot be imposed on him or her.
One of the examples of absolute restraint can be where A ( owner of a property) agrees to sell it to B (the buyer)for 1 lakh. While executing of the sale deed, A puts a condition in the sale deed that if B ever intends to part with or sell or transfer the house in the future, B must sell the house to A or heirs of A and to no one else. Such a condition would fall in the category of absolute restraint as it affects the beneficial enjoyment of the house by B. Beneficial enjoyment of the house by B includes his right to sell it or dispose it in any other way.
The consistent view of the courts has been that an absolute restraint is void but a partial restraint is not.

For applicability of this rule, two essential conditions are required: ■ There must be a transfer of property and ■ There must be a condition which absolutely restrains the transferee/buyer from alienation/transfer of such property This rule applies to only those conditions which impose an absolute condition on the alienation/ transfer of property. However, there may be certain conditions, which partially restrain the right of the owner of the property to alienate/transfer the property. Such specific conditions which partially restrain the owner from alienating/ transferring the property have been held to be valid by various courts on various occasions.

*PAPERS/DOCUMENTS REQUIRED FOR PROPERTY REGISTRATION IN PUNE
The following papers and documents are required for the registration of property.

ADJUDICATION
Adjudication is a process which evaluates a market value of a property and hence ascertains the stamp duty by collector of stamps. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.

NO OBJECTION CERTIFICATE
A No Objection Certificate (NOC) is required under the Urban Land Ceiling Act, if the land transferred exceeds 500 mtrs in the Pune City, If the land belongs to a Government Body or Semi-Government body or Charitable Trust then the NOC of the body is also required.

PROPERTY CARD OF THE LAND
A Property Card of the land on which the property is being registered is situated is necessary. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.

PROOF OF OLD CONSTRUCTION
If you are going to purchase and old property then you may claim the benefit of depreciation during the adjudication procedure. For that, the documents required are
–Municipal Assessment Bill Of The Building,
–Building Completion Certificate
— Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building

REGISTRATION FEES
As per the valuation the registration fee is to be paid in cash to the sub-registrar at the time of registration. The fees are prescribed in the Registration Act, 1908 which is 1% of the market value or up to Rs. 30,000/- which is accepted by a Challan.

PROOF OF IDENTITY
Any proof of identity such as voter id card, PAN card, driving license, passport etc are required during the registration procedure.
Original Stamp Duty Payment Receipt
Photocopy of the Deed and Butter Paper

*TRANSFER OF PROPERTY LAWS….
Land is a subject falling within the powers of the State Governments under the Constitution of India 1 and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift.
When a person acquires or owns an immovable property, the law also give him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner also has a right to mortgage his immovable property as a security for loans. However, there are some laws which restrict the type of use a land can be put to, e.g., a land may be used only for residential or commercial purposes to prevent haphazard/unorganized growth of cities and towns. Laws in some of the States prevent/restrict outsiders from acquiring property within the State. Restrictions are also placed on non-agriculturists from acquiring agricultural land. There are also other laws which prescribe rules and regulations for protection of environment or which provide for approval of building plans/designs so as to protect people from natural or manmade hazards. Some laws like the Registration Act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain.
The Transfer of Property between any two parties is governed by the Transfer of Property Act, 1882. Both these parties need to be alive for transfer under the Act. In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable.

*PROPERTY LAW CASES / PROPERTY TRANSFER INCLUDES ALL MOVEABLE OR IMMOVABLE PROPERTY CLAIMS/SUITS.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer of Property
If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.
1. Terms for Payment
The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property
The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty
Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed
Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports
A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?
Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

*SALE OF IMMOVABLE PROPERTY
Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

*TRANSFER OF PROPERTY ACT IN INDIA
The Transfer of Property Act governs the transfer of property by any means in India. Property can be transferred by sale, mortgage, exchange, lease or gift. All such property transactions are governed by the Transfer of Property Act.
As per the Act, a sale is transfer of ownership of property in exchange for a price paid or promised to be paid. Any sale of property must be made only by a written and registered instrument like sale deed. On execution of a property transfer document, delivery of the immovable property takes place when the seller places the buyer, in possession of the property to complete the property sale transaction.
It is important to note that an agreement for sale of property does not amount to sale of property, as it does not, of itself, create any interest in or charge on the property.

Mortgage of Property
Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. Hence, though mortgage does not transfer the property to a third-party, it creates an interest in the immovable property. More about property mortgage laws in India.

Lease of Property
Lease of property is a transfer of right to enjoy the property, for a certain period of time or in perpetuity, for consideration paid or promised by the transferee. In a lease transaction, the owner of the property is the transferor and the tenant is the transferee. In the absence of a lease agreement, the lease of agricultural or manufacturing property is deemed to be a lease from year to year, terminable by either party with a six months notice. Lease of immovable property for any other purpose is deemed to be a lease from month to month, terminable by either party with fifteen days notice. Lease of property for any term exceeding one year or reserving a yearly rent must be made as a registered lease agreement. All lease agreements must be executed by both the lessor and the lessee.

Exchange of Property
When two persons agree transfer the ownership of a property for the ownership of another property, neither thing nor both things being money only, then the transaction is called an “exchange” of property. A transfer of property in completion of an exchange can be made only in a way provided for the transfer of such property by sale.

Gift of Property
Gift of property is when a transfer or property happens voluntarily and without consideration. In a gift of property, the person giving the property is called the donor and the person accepting the property is called the donee. All gift of property must be made by way of registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The acceptance of a gift of property must be made during the lifetime of the donor and while he is still capable of giving.

By |November 4th, 2017|consultants for property|Comments Off on Consultants for property
Read More

Advocates for sale deed

CO-OPERATIVE LAWYERS IN PUNE

*Ved Legal deals with property transfer cases such as SALE DEED, GIFT DEED, ASSINGMENT DEED, MORTGAGE DEED, and AGREEMENTS etc….since 2007. Ved Legal offers a multitude of services in the areas of Property, Co-operative and Matrimonial law and it is best known for its expertise in these fields. We have vast experience in representing our clients before concern authorities for the matters. We therefore undertake different types of property matters as mentioned above various transfers, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc.

We have enough experience in co-operative laws and property laws as well as we are specifically expertise in execution and registration process of various DEED & AGREEMENTS as well as in Registration process of Co-operative Housing/Commercial/Industrial Societies, Federations and execution of Conveyance or Deemed Conveyance thereof.

*AMENDMENTS IN THE TRANSFER OF PROPERTY ACT 1882.
Execution and registration of sale deed for an immoveable property transfers and conveys absolute title of the property in favour of the buyer. However, in certain cases, when a sale deed for an immoveable property is being executed, the concerned parties incorporate certain conditions in the document that impose restrictions or constraints on the right of the buyer to sell or transfer the property.
The Transfer of Property Act, 1882 deals with such restrictions or constraints. Any condition or limitation restraining the buyer from parting with or disposing of his interest in the property is void according to the act. Two exceptions to this rule are:

■ In the case of a lease where such restriction or condition is imposed for the benefit of the lessor, and
■ Where a property is transferred to or for the benefit of a woman who is not a Hindu, Muslim or Buddhist, with a condition that she shall not have power during her marriage to transfer or create any encumbrance in the sale of property transferred to her

The above mentioned rule has been incorporated into the Act to encourage sale and purchase of property without restriction on future transfer. It is based on the basic principle that transferring a property cannot be separated from giving the beneficial ownership of the property to the transferee/buyer. Therefore, the condition by which an absolute restraint is imposed against the transfer of that property is considered to be void. Selling or transferring the property is an inherent right of every owner and restrictive conditions cannot be imposed on him or her.
One of the examples of absolute restraint can be where A ( owner of a property) agrees to sell it to B (the buyer)for 1 lakh. While executing of the sale deed, A puts a condition in the sale deed that if B ever intends to part with or sell or transfer the house in the future, B must sell the house to A or heirs of A and to no one else. Such a condition would fall in the category of absolute restraint as it affects the beneficial enjoyment of the house by B. Beneficial enjoyment of the house by B includes his right to sell it or dispose it in any other way.
The consistent view of the courts has been that an absolute restraint is void but a partial restraint is not.

For applicability of this rule, two essential conditions are required: ■ There must be a transfer of property and ■ There must be a condition which absolutely restrains the transferee/buyer from alienation/transfer of such property This rule applies to only those conditions which impose an absolute condition on the alienation/ transfer of property. However, there may be certain conditions, which partially restrain the right of the owner of the property to alienate/transfer the property. Such specific conditions which partially restrain the owner from alienating/ transferring the property have been held to be valid by various courts on various occasions.

*PAPERS/DOCUMENTS REQUIRED FOR PROPERTY REGISTRATION IN PUNE
The following papers and documents are required for the registration of property.

ADJUDICATION
Adjudication is a process which evaluates a market value of a property and hence ascertains the stamp duty by collector of stamps. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.

NO OBJECTION CERTIFICATE
A No Objection Certificate (NOC) is required under the Urban Land Ceiling Act, if the land transferred exceeds 500 mtrs in the Pune City, If the land belongs to a Government Body or Semi-Government body or Charitable Trust then the NOC of the body is also required.

PROPERTY CARD OF THE LAND
A Property Card of the land on which the property is being registered is situated is necessary. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.

PROOF OF OLD CONSTRUCTION
If you are going to purchase and old property then you may claim the benefit of depreciation during the adjudication procedure. For that, the documents required are
–Municipal Assessment Bill Of The Building,
–Building Completion Certificate
— Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building

REGISTRATION FEES
As per the valuation the registration fee is to be paid in cash to the sub-registrar at the time of registration. The fees are prescribed in the Registration Act, 1908 which is 1% of the market value or up to Rs. 30,000/- which is accepted by a Challan.

PROOF OF IDENTITY
Any proof of identity such as voter id card, PAN card, driving license, passport etc are required during the registration procedure.
Original Stamp Duty Payment Receipt
Photocopy of the Deed and Butter Paper

*TRANSFER OF PROPERTY LAWS….
Land is a subject falling within the powers of the State Governments under the Constitution of India 1 and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift.
When a person acquires or owns an immovable property, the law also give him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner also has a right to mortgage his immovable property as a security for loans. However, there are some laws which restrict the type of use a land can be put to, e.g., a land may be used only for residential or commercial purposes to prevent haphazard/unorganized growth of cities and towns. Laws in some of the States prevent/restrict outsiders from acquiring property within the State. Restrictions are also placed on non-agriculturists from acquiring agricultural land. There are also other laws which prescribe rules and regulations for protection of environment or which provide for approval of building plans/designs so as to protect people from natural or manmade hazards. Some laws like the Registration Act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain.
The Transfer of Property between any two parties is governed by the Transfer of Property Act, 1882. Both these parties need to be alive for transfer under the Act. In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable.

*PROPERTY LAW CASES / PROPERTY TRANSFER INCLUDES ALL MOVEABLE OR IMMOVABLE PROPERTY CLAIMS/SUITS.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer of Property
If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.
1. Terms for Payment
The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property
The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty
Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed
Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports
A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?
Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

*SALE OF IMMOVABLE PROPERTY
Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

*TRANSFER OF PROPERTY ACT IN INDIA
The Transfer of Property Act governs the transfer of property by any means in India. Property can be transferred by sale, mortgage, exchange, lease or gift. All such property transactions are governed by the Transfer of Property Act.
As per the Act, a sale is transfer of ownership of property in exchange for a price paid or promised to be paid. Any sale of property must be made only by a written and registered instrument like sale deed. On execution of a property transfer document, delivery of the immovable property takes place when the seller places the buyer, in possession of the property to complete the property sale transaction.
It is important to note that an agreement for sale of property does not amount to sale of property, as it does not, of itself, create any interest in or charge on the property.

Mortgage of Property
Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. Hence, though mortgage does not transfer the property to a third-party, it creates an interest in the immovable property. More about property mortgage laws in India.

Lease of Property
Lease of property is a transfer of right to enjoy the property, for a certain period of time or in perpetuity, for consideration paid or promised by the transferee. In a lease transaction, the owner of the property is the transferor and the tenant is the transferee. In the absence of a lease agreement, the lease of agricultural or manufacturing property is deemed to be a lease from year to year, terminable by either party with a six months notice. Lease of immovable property for any other purpose is deemed to be a lease from month to month, terminable by either party with fifteen days notice. Lease of property for any term exceeding one year or reserving a yearly rent must be made as a registered lease agreement. All lease agreements must be executed by both the lessor and the lessee.

Exchange of Property
When two persons agree transfer the ownership of a property for the ownership of another property, neither thing nor both things being money only, then the transaction is called an “exchange” of property. A transfer of property in completion of an exchange can be made only in a way provided for the transfer of such property by sale.

Gift of Property
Gift of property is when a transfer or property happens voluntarily and without consideration. In a gift of property, the person giving the property is called the donor and the person accepting the property is called the donee. All gift of property must be made by way of registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The acceptance of a gift of property must be made during the lifetime of the donor and while he is still capable of giving.

By |November 4th, 2017|Advocates for Sale Deed|Comments Off on Advocates for sale deed
Read More

Advocates for property transfer in pune

CO-OPERATIVE LAWYERS IN PUNE

*Ved Legal deals with property transfer cases such as SALE DEED, GIFT DEED, ASSINGMENT DEED, MORTGAGE DEED, and AGREEMENTS etc….since 2007. Ved Legal offers a multitude of services in the areas of Property, Co-operative and Matrimonial law and it is best known for its expertise in these fields. We have vast experience in representing our clients before concern authorities for the matters. We therefore undertake different types of property matters as mentioned above various transfers, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc.

We have enough experience in co-operative laws and property laws as well as we are specifically expertise in execution and registration process of various DEED & AGREEMENTS as well as in Registration process of Co-operative Housing/Commercial/Industrial Societies, Federations and execution of Conveyance or Deemed Conveyance thereof.

*AMENDMENTS IN THE TRANSFER OF PROPERTY ACT 1882.
Execution and registration of sale deed for an immoveable property transfers and conveys absolute title of the property in favour of the buyer. However, in certain cases, when a sale deed for an immoveable property is being executed, the concerned parties incorporate certain conditions in the document that impose restrictions or constraints on the right of the buyer to sell or transfer the property.
The Transfer of Property Act, 1882 deals with such restrictions or constraints. Any condition or limitation restraining the buyer from parting with or disposing of his interest in the property is void according to the act. Two exceptions to this rule are:

■ In the case of a lease where such restriction or condition is imposed for the benefit of the lessor, and
■ Where a property is transferred to or for the benefit of a woman who is not a Hindu, Muslim or Buddhist, with a condition that she shall not have power during her marriage to transfer or create any encumbrance in the sale of property transferred to her

The above mentioned rule has been incorporated into the Act to encourage sale and purchase of property without restriction on future transfer. It is based on the basic principle that transferring a property cannot be separated from giving the beneficial ownership of the property to the transferee/buyer. Therefore, the condition by which an absolute restraint is imposed against the transfer of that property is considered to be void. Selling or transferring the property is an inherent right of every owner and restrictive conditions cannot be imposed on him or her.
One of the examples of absolute restraint can be where A ( owner of a property) agrees to sell it to B (the buyer)for 1 lakh. While executing of the sale deed, A puts a condition in the sale deed that if B ever intends to part with or sell or transfer the house in the future, B must sell the house to A or heirs of A and to no one else. Such a condition would fall in the category of absolute restraint as it affects the beneficial enjoyment of the house by B. Beneficial enjoyment of the house by B includes his right to sell it or dispose it in any other way.
The consistent view of the courts has been that an absolute restraint is void but a partial restraint is not.

For applicability of this rule, two essential conditions are required: ■ There must be a transfer of property and ■ There must be a condition which absolutely restrains the transferee/buyer from alienation/transfer of such property This rule applies to only those conditions which impose an absolute condition on the alienation/ transfer of property. However, there may be certain conditions, which partially restrain the right of the owner of the property to alienate/transfer the property. Such specific conditions which partially restrain the owner from alienating/ transferring the property have been held to be valid by various courts on various occasions.

*PAPERS/DOCUMENTS REQUIRED FOR PROPERTY REGISTRATION IN PUNE
The following papers and documents are required for the registration of property.

ADJUDICATION
Adjudication is a process which evaluates a market value of a property and hence ascertains the stamp duty by collector of stamps. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.

NO OBJECTION CERTIFICATE
A No Objection Certificate (NOC) is required under the Urban Land Ceiling Act, if the land transferred exceeds 500 mtrs in the Pune City, If the land belongs to a Government Body or Semi-Government body or Charitable Trust then the NOC of the body is also required.

PROPERTY CARD OF THE LAND
A Property Card of the land on which the property is being registered is situated is necessary. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.

PROOF OF OLD CONSTRUCTION
If you are going to purchase and old property then you may claim the benefit of depreciation during the adjudication procedure. For that, the documents required are
–Municipal Assessment Bill Of The Building,
–Building Completion Certificate
— Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building

REGISTRATION FEES
As per the valuation the registration fee is to be paid in cash to the sub-registrar at the time of registration. The fees are prescribed in the Registration Act, 1908 which is 1% of the market value or up to Rs. 30,000/- which is accepted by a Challan.

PROOF OF IDENTITY
Any proof of identity such as voter id card, PAN card, driving license, passport etc are required during the registration procedure.
Original Stamp Duty Payment Receipt
Photocopy of the Deed and Butter Paper

*TRANSFER OF PROPERTY LAWS….
Land is a subject falling within the powers of the State Governments under the Constitution of India 1 and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift.
When a person acquires or owns an immovable property, the law also give him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner also has a right to mortgage his immovable property as a security for loans. However, there are some laws which restrict the type of use a land can be put to, e.g., a land may be used only for residential or commercial purposes to prevent haphazard/unorganized growth of cities and towns. Laws in some of the States prevent/restrict outsiders from acquiring property within the State. Restrictions are also placed on non-agriculturists from acquiring agricultural land. There are also other laws which prescribe rules and regulations for protection of environment or which provide for approval of building plans/designs so as to protect people from natural or manmade hazards. Some laws like the Registration Act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain.
The Transfer of Property between any two parties is governed by the Transfer of Property Act, 1882. Both these parties need to be alive for transfer under the Act. In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable.

*PROPERTY LAW CASES / PROPERTY TRANSFER INCLUDES ALL MOVEABLE OR IMMOVABLE PROPERTY CLAIMS/SUITS.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer of Property
If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.
1. Terms for Payment
The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property
The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty
Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed
Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports
A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?
Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

*SALE OF IMMOVABLE PROPERTY
Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

*TRANSFER OF PROPERTY ACT IN INDIA
The Transfer of Property Act governs the transfer of property by any means in India. Property can be transferred by sale, mortgage, exchange, lease or gift. All such property transactions are governed by the Transfer of Property Act.
As per the Act, a sale is transfer of ownership of property in exchange for a price paid or promised to be paid. Any sale of property must be made only by a written and registered instrument like sale deed. On execution of a property transfer document, delivery of the immovable property takes place when the seller places the buyer, in possession of the property to complete the property sale transaction.
It is important to note that an agreement for sale of property does not amount to sale of property, as it does not, of itself, create any interest in or charge on the property.

Mortgage of Property
Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. Hence, though mortgage does not transfer the property to a third-party, it creates an interest in the immovable property. More about property mortgage laws in India.

Lease of Property
Lease of property is a transfer of right to enjoy the property, for a certain period of time or in perpetuity, for consideration paid or promised by the transferee. In a lease transaction, the owner of the property is the transferor and the tenant is the transferee. In the absence of a lease agreement, the lease of agricultural or manufacturing property is deemed to be a lease from year to year, terminable by either party with a six months notice. Lease of immovable property for any other purpose is deemed to be a lease from month to month, terminable by either party with fifteen days notice. Lease of property for any term exceeding one year or reserving a yearly rent must be made as a registered lease agreement. All lease agreements must be executed by both the lessor and the lessee.

Exchange of Property
When two persons agree transfer the ownership of a property for the ownership of another property, neither thing nor both things being money only, then the transaction is called an “exchange” of property. A transfer of property in completion of an exchange can be made only in a way provided for the transfer of such property by sale.

Gift of Property
Gift of property is when a transfer or property happens voluntarily and without consideration. In a gift of property, the person giving the property is called the donor and the person accepting the property is called the donee. All gift of property must be made by way of registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The acceptance of a gift of property must be made during the lifetime of the donor and while he is still capable of giving.

By |November 4th, 2017|Advocates for property transfer in pune|Comments Off on Advocates for property transfer in pune
Read More

Advocates for property registration in pune

CO-OPERATIVE LAWYERS IN PUNE

*Ved Legal deals with property transfer cases such as SALE DEED, GIFT DEED, ASSINGMENT DEED, MORTGAGE DEED, and AGREEMENTS etc….since 2007. Ved Legal offers a multitude of services in the areas of Property, Co-operative and Matrimonial law and it is best known for its expertise in these fields. We have vast experience in representing our clients before concern authorities for the matters. We therefore undertake different types of property matters as mentioned above various transfers, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc.

We have enough experience in co-operative laws and property laws as well as we are specifically expertise in execution and registration process of various DEED & AGREEMENTS as well as in Registration process of Co-operative Housing/Commercial/Industrial Societies, Federations and execution of Conveyance or Deemed Conveyance thereof.

*AMENDMENTS IN THE TRANSFER OF PROPERTY ACT 1882.
Execution and registration of sale deed for an immoveable property transfers and conveys absolute title of the property in favour of the buyer. However, in certain cases, when a sale deed for an immoveable property is being executed, the concerned parties incorporate certain conditions in the document that impose restrictions or constraints on the right of the buyer to sell or transfer the property.
The Transfer of Property Act, 1882 deals with such restrictions or constraints. Any condition or limitation restraining the buyer from parting with or disposing of his interest in the property is void according to the act. Two exceptions to this rule are:

■ In the case of a lease where such restriction or condition is imposed for the benefit of the lessor, and
■ Where a property is transferred to or for the benefit of a woman who is not a Hindu, Muslim or Buddhist, with a condition that she shall not have power during her marriage to transfer or create any encumbrance in the sale of property transferred to her

The above mentioned rule has been incorporated into the Act to encourage sale and purchase of property without restriction on future transfer. It is based on the basic principle that transferring a property cannot be separated from giving the beneficial ownership of the property to the transferee/buyer. Therefore, the condition by which an absolute restraint is imposed against the transfer of that property is considered to be void. Selling or transferring the property is an inherent right of every owner and restrictive conditions cannot be imposed on him or her.
One of the examples of absolute restraint can be where A ( owner of a property) agrees to sell it to B (the buyer)for 1 lakh. While executing of the sale deed, A puts a condition in the sale deed that if B ever intends to part with or sell or transfer the house in the future, B must sell the house to A or heirs of A and to no one else. Such a condition would fall in the category of absolute restraint as it affects the beneficial enjoyment of the house by B. Beneficial enjoyment of the house by B includes his right to sell it or dispose it in any other way.
The consistent view of the courts has been that an absolute restraint is void but a partial restraint is not.

For applicability of this rule, two essential conditions are required: ■ There must be a transfer of property and ■ There must be a condition which absolutely restrains the transferee/buyer from alienation/transfer of such property This rule applies to only those conditions which impose an absolute condition on the alienation/ transfer of property. However, there may be certain conditions, which partially restrain the right of the owner of the property to alienate/transfer the property. Such specific conditions which partially restrain the owner from alienating/ transferring the property have been held to be valid by various courts on various occasions.

*PAPERS/DOCUMENTS REQUIRED FOR PROPERTY REGISTRATION IN PUNE
The following papers and documents are required for the registration of property.

ADJUDICATION
Adjudication is a process which evaluates a market value of a property and hence ascertains the stamp duty by collector of stamps. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.

NO OBJECTION CERTIFICATE
A No Objection Certificate (NOC) is required under the Urban Land Ceiling Act, if the land transferred exceeds 500 mtrs in the Pune City, If the land belongs to a Government Body or Semi-Government body or Charitable Trust then the NOC of the body is also required.

PROPERTY CARD OF THE LAND
A Property Card of the land on which the property is being registered is situated is necessary. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.

PROOF OF OLD CONSTRUCTION
If you are going to purchase and old property then you may claim the benefit of depreciation during the adjudication procedure. For that, the documents required are
–Municipal Assessment Bill Of The Building,
–Building Completion Certificate
— Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building

REGISTRATION FEES
As per the valuation the registration fee is to be paid in cash to the sub-registrar at the time of registration. The fees are prescribed in the Registration Act, 1908 which is 1% of the market value or up to Rs. 30,000/- which is accepted by a Challan.

PROOF OF IDENTITY
Any proof of identity such as voter id card, PAN card, driving license, passport etc are required during the registration procedure.
Original Stamp Duty Payment Receipt
Photocopy of the Deed and Butter Paper

*TRANSFER OF PROPERTY LAWS….
Land is a subject falling within the powers of the State Governments under the Constitution of India 1 and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift.
When a person acquires or owns an immovable property, the law also give him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner also has a right to mortgage his immovable property as a security for loans. However, there are some laws which restrict the type of use a land can be put to, e.g., a land may be used only for residential or commercial purposes to prevent haphazard/unorganized growth of cities and towns. Laws in some of the States prevent/restrict outsiders from acquiring property within the State. Restrictions are also placed on non-agriculturists from acquiring agricultural land. There are also other laws which prescribe rules and regulations for protection of environment or which provide for approval of building plans/designs so as to protect people from natural or manmade hazards. Some laws like the Registration Act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain.
The Transfer of Property between any two parties is governed by the Transfer of Property Act, 1882. Both these parties need to be alive for transfer under the Act. In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable.

*PROPERTY LAW CASES / PROPERTY TRANSFER INCLUDES ALL MOVEABLE OR IMMOVABLE PROPERTY CLAIMS/SUITS.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer of Property
If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.
1. Terms for Payment
The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property
The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty
Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed
Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports
A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?
Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

*SALE OF IMMOVABLE PROPERTY
Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

*TRANSFER OF PROPERTY ACT IN INDIA
The Transfer of Property Act governs the transfer of property by any means in India. Property can be transferred by sale, mortgage, exchange, lease or gift. All such property transactions are governed by the Transfer of Property Act.
As per the Act, a sale is transfer of ownership of property in exchange for a price paid or promised to be paid. Any sale of property must be made only by a written and registered instrument like sale deed. On execution of a property transfer document, delivery of the immovable property takes place when the seller places the buyer, in possession of the property to complete the property sale transaction.
It is important to note that an agreement for sale of property does not amount to sale of property, as it does not, of itself, create any interest in or charge on the property.

Mortgage of Property
Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. Hence, though mortgage does not transfer the property to a third-party, it creates an interest in the immovable property. More about property mortgage laws in India.

Lease of Property
Lease of property is a transfer of right to enjoy the property, for a certain period of time or in perpetuity, for consideration paid or promised by the transferee. In a lease transaction, the owner of the property is the transferor and the tenant is the transferee. In the absence of a lease agreement, the lease of agricultural or manufacturing property is deemed to be a lease from year to year, terminable by either party with a six months notice. Lease of immovable property for any other purpose is deemed to be a lease from month to month, terminable by either party with fifteen days notice. Lease of property for any term exceeding one year or reserving a yearly rent must be made as a registered lease agreement. All lease agreements must be executed by both the lessor and the lessee.

Exchange of Property
When two persons agree transfer the ownership of a property for the ownership of another property, neither thing nor both things being money only, then the transaction is called an “exchange” of property. A transfer of property in completion of an exchange can be made only in a way provided for the transfer of such property by sale.

Gift of Property
Gift of property is when a transfer or property happens voluntarily and without consideration. In a gift of property, the person giving the property is called the donor and the person accepting the property is called the donee. All gift of property must be made by way of registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The acceptance of a gift of property must be made during the lifetime of the donor and while he is still capable of giving.

By |November 4th, 2017|Advocates for Property Registration in pune|Comments Off on Advocates for property registration in pune
Read More

Advocates for property law

CO-OPERATIVE LAWYERS IN PUNE

*Ved Legal deals with property transfer cases such as SALE DEED, GIFT DEED, ASSINGMENT DEED, MORTGAGE DEED, and AGREEMENTS etc….since 2007. Ved Legal offers a multitude of services in the areas of Property, Co-operative and Matrimonial law and it is best known for its expertise in these fields. We have vast experience in representing our clients before concern authorities for the matters. We therefore undertake different types of property matters as mentioned above various transfers, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc.

We have enough experience in co-operative laws and property laws as well as we are specifically expertise in execution and registration process of various DEED & AGREEMENTS as well as in Registration process of Co-operative Housing/Commercial/Industrial Societies, Federations and execution of Conveyance or Deemed Conveyance thereof.

*AMENDMENTS IN THE TRANSFER OF PROPERTY ACT 1882.
Execution and registration of sale deed for an immoveable property transfers and conveys absolute title of the property in favour of the buyer. However, in certain cases, when a sale deed for an immoveable property is being executed, the concerned parties incorporate certain conditions in the document that impose restrictions or constraints on the right of the buyer to sell or transfer the property.
The Transfer of Property Act, 1882 deals with such restrictions or constraints. Any condition or limitation restraining the buyer from parting with or disposing of his interest in the property is void according to the act. Two exceptions to this rule are:

■ In the case of a lease where such restriction or condition is imposed for the benefit of the lessor, and
■ Where a property is transferred to or for the benefit of a woman who is not a Hindu, Muslim or Buddhist, with a condition that she shall not have power during her marriage to transfer or create any encumbrance in the sale of property transferred to her

The above mentioned rule has been incorporated into the Act to encourage sale and purchase of property without restriction on future transfer. It is based on the basic principle that transferring a property cannot be separated from giving the beneficial ownership of the property to the transferee/buyer. Therefore, the condition by which an absolute restraint is imposed against the transfer of that property is considered to be void. Selling or transferring the property is an inherent right of every owner and restrictive conditions cannot be imposed on him or her.
One of the examples of absolute restraint can be where A ( owner of a property) agrees to sell it to B (the buyer)for 1 lakh. While executing of the sale deed, A puts a condition in the sale deed that if B ever intends to part with or sell or transfer the house in the future, B must sell the house to A or heirs of A and to no one else. Such a condition would fall in the category of absolute restraint as it affects the beneficial enjoyment of the house by B. Beneficial enjoyment of the house by B includes his right to sell it or dispose it in any other way.
The consistent view of the courts has been that an absolute restraint is void but a partial restraint is not.

For applicability of this rule, two essential conditions are required: ■ There must be a transfer of property and ■ There must be a condition which absolutely restrains the transferee/buyer from alienation/transfer of such property This rule applies to only those conditions which impose an absolute condition on the alienation/ transfer of property. However, there may be certain conditions, which partially restrain the right of the owner of the property to alienate/transfer the property. Such specific conditions which partially restrain the owner from alienating/ transferring the property have been held to be valid by various courts on various occasions.

*PAPERS/DOCUMENTS REQUIRED FOR PROPERTY REGISTRATION IN PUNE
The following papers and documents are required for the registration of property.

ADJUDICATION
Adjudication is a process which evaluates a market value of a property and hence ascertains the stamp duty by collector of stamps. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.

NO OBJECTION CERTIFICATE
A No Objection Certificate (NOC) is required under the Urban Land Ceiling Act, if the land transferred exceeds 500 mtrs in the Pune City, If the land belongs to a Government Body or Semi-Government body or Charitable Trust then the NOC of the body is also required.

PROPERTY CARD OF THE LAND
A Property Card of the land on which the property is being registered is situated is necessary. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.

PROOF OF OLD CONSTRUCTION
If you are going to purchase and old property then you may claim the benefit of depreciation during the adjudication procedure. For that, the documents required are
–Municipal Assessment Bill Of The Building,
–Building Completion Certificate
— Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building

REGISTRATION FEES
As per the valuation the registration fee is to be paid in cash to the sub-registrar at the time of registration. The fees are prescribed in the Registration Act, 1908 which is 1% of the market value or up to Rs. 30,000/- which is accepted by a Challan.

PROOF OF IDENTITY
Any proof of identity such as voter id card, PAN card, driving license, passport etc are required during the registration procedure.
Original Stamp Duty Payment Receipt
Photocopy of the Deed and Butter Paper

*TRANSFER OF PROPERTY LAWS….
Land is a subject falling within the powers of the State Governments under the Constitution of India 1 and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift.
When a person acquires or owns an immovable property, the law also give him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner also has a right to mortgage his immovable property as a security for loans. However, there are some laws which restrict the type of use a land can be put to, e.g., a land may be used only for residential or commercial purposes to prevent haphazard/unorganized growth of cities and towns. Laws in some of the States prevent/restrict outsiders from acquiring property within the State. Restrictions are also placed on non-agriculturists from acquiring agricultural land. There are also other laws which prescribe rules and regulations for protection of environment or which provide for approval of building plans/designs so as to protect people from natural or manmade hazards. Some laws like the Registration Act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain.
The Transfer of Property between any two parties is governed by the Transfer of Property Act, 1882. Both these parties need to be alive for transfer under the Act. In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable.

*PROPERTY LAW CASES / PROPERTY TRANSFER INCLUDES ALL MOVEABLE OR IMMOVABLE PROPERTY CLAIMS/SUITS.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a license to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.

Indian experiences and conception of property and wealth have a very different historical basis when compared to western countries. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17th to 18thcentury and therefore its experiences were universally not applicable. A still more economic area in which the answer is both difficult and important is the definition of property rights. The notion of property as it has developed over centuries and it has embodied in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self-evident propositions.

Transfer of Property
If you want to transfer registered land or property, you must use the correct form depending on whether you are transferring the whole or part of the actual land or property. You will need to send us a completed form TR1 if you wish to transfer: the whole of the land/property a share of the property/land by adding someone to the ownership, for example, on marriage or civil partnership when the current owner(s) is transferring to themselves and their new partner a share of the property by removing someone from ownership, for example, when a relationship breaks down and one or more of the current owner(s) are transferring to the remaining owner(s) a share in the property/land by adding additional owners, for example when E and F want to add G and H to the ownership, so E and F transfer to E,F G and H, a share in a property, for example, when I J and K own the property/land and I no longer wants to be an owner so I, J and K transfer to J and K.

Having an authorized property without any legal issues is very important for a new property investor. With an increasing number of frauds in a land sale, it is quite difficult to sense the trouble at the initial stages. In such cases, one of the most important legal security towards the ownership of the property will be the sale deed. It is mandatory that every investor is aware of the importance and the basis of a sale deed. This will protect him from being cheated by any developers and owners.

While preparing property agreements you bear in mind some basic points. This not only helps you in ensuring the validity of an agreement but also saves time and avoids unwanted delays from the seller. Here are some tips that help you to ensure the validity of your property.
1. Terms for Payment
The buyer and seller have to agree to the terms of the price and other expenses with regard to the transfer of property. The document must contain the terms and method of payment agreed by both buyer and seller, the time required for payment of the last installment of property. The lawyers of both the buyer and seller must go through the documentation and sign them.

2. Transfer Title of Property
The title of the property is an important document for the sanction of mortgage or loan from the bank. The title of property should be transferred to the buyer’s name once the seller receives the amount agreed with the buyer. Transfer of title of the property is the last step in the transaction before transferring the property. Seller has to register the property in the buyer’s name in local registrar office or under whichever jurisdiction the property belongs to.

3. Stamp Duty
Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

4. Sales deed
Sales deed is an agreement between the buyer and seller. One needs to go through all the requisite documents in detail with professional help If any property has multiple owners, then each owner has to sign on the documents.

(B) To Issue search title Reports
A title search is a process that is performed primarily to determine the answer to three important questions: Does the seller have a saleable interest in the property? What kind of restrictions or allowances pertains to the use of the land (real covenants, easements, or other servitudes)?
Do any liens exist on the property which needs to be paid off at closing (mortgages, back taxes, mechanic’s liens, or other assessments)?
Anyone may do a title search. Documents concerning conveyances of land are a matter of public record. These documents are maintained in hard copy format or sometimes scanned into image files but the information contained within the documents is typically not available in a data format as the records are descriptions of legal events which contain terms, conditions, and languages in excess. It is often the case
that people choose to contact a title company or attorney to conduct an exhaustive title search. The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event which occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against the property in favor of another. In each recorded event, the document indicates parties of grantor and grantee. The grantor is the party transferring away property rights, and the grantee is receiving property right. In the case of a deed, the grantor would typically be the property seller, and the grantee the buyer. A mortgage grantor is the borrower of the loan since they are giving away property rights to the lender, or grantee.

(C) Property Claims/Suits
Property rights are rights over things enforceable against all other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights may, however, arise from a contract; the two systems of rights overlap. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the contractual right to sue for damages, and the property right exercisable over the land. A minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the non-owner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests.

*SALE OF IMMOVABLE PROPERTY
Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..

There are various ways through which you can transfer a property that you own. It could be by way of sale, Will or gift. A commonly used method, especially when transferring to a family member or friend, is executing a gift deed in favour of the recipient. Though no monetary transaction is involved, it is still necessary to register the gift deed to make the transfer valid.
1) At time of Sale of Immovable Property, we come across the market value of the property. What exactly is the meaning of market value of property?
It means the price which such property would have fetched if sold in open market on the date of execution of such Document or the consideration stated in the document whichever is higher. However the Stamp office uses Ready Reckoner for referring to prevalent value of the property.
Stamp Duty is paid on the Market Value of the property and not on the amount of consideration stated in the Document.
2) Why Stamp duty is required to be paid?

It is kind of Tax like Sales Tax or Income Tax. And it must be paid in full and on time to the government. When there is a delay in payment, penalties are imposed. If it is properly paid as per the approved rate and after ascertainment of market value of the property, then the instrument / document/ agreement is treated as duly stamped document which can be admitted as evidence in any lawful transaction or in the court. if they are not properly stamped, Court or the Competent Authority may impound the same or will not be accepted as evidence.

*TRANSFER OF PROPERTY ACT IN INDIA
The Transfer of Property Act governs the transfer of property by any means in India. Property can be transferred by sale, mortgage, exchange, lease or gift. All such property transactions are governed by the Transfer of Property Act.
As per the Act, a sale is transfer of ownership of property in exchange for a price paid or promised to be paid. Any sale of property must be made only by a written and registered instrument like sale deed. On execution of a property transfer document, delivery of the immovable property takes place when the seller places the buyer, in possession of the property to complete the property sale transaction.
It is important to note that an agreement for sale of property does not amount to sale of property, as it does not, of itself, create any interest in or charge on the property.

Mortgage of Property
Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. Hence, though mortgage does not transfer the property to a third-party, it creates an interest in the immovable property. More about property mortgage laws in India.

Lease of Property
Lease of property is a transfer of right to enjoy the property, for a certain period of time or in perpetuity, for consideration paid or promised by the transferee. In a lease transaction, the owner of the property is the transferor and the tenant is the transferee. In the absence of a lease agreement, the lease of agricultural or manufacturing property is deemed to be a lease from year to year, terminable by either party with a six months notice. Lease of immovable property for any other purpose is deemed to be a lease from month to month, terminable by either party with fifteen days notice. Lease of property for any term exceeding one year or reserving a yearly rent must be made as a registered lease agreement. All lease agreements must be executed by both the lessor and the lessee.

Exchange of Property
When two persons agree transfer the ownership of a property for the ownership of another property, neither thing nor both things being money only, then the transaction is called an “exchange” of property. A transfer of property in completion of an exchange can be made only in a way provided for the transfer of such property by sale.

Gift of Property
Gift of property is when a transfer or property happens voluntarily and without consideration. In a gift of property, the person giving the property is called the donor and the person accepting the property is called the donee. All gift of property must be made by way of registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The acceptance of a gift of property must be made during the lifetime of the donor and while he is still capable of giving.

By |November 4th, 2017|Advocates for property law|Comments Off on Advocates for property law
Read More