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

CONVEYANCE VS DEEMED CONVEYANCE

Conveyance Deed is a document executed to transfer the title of land and building in favour of Society.

 

MEANING OF DEEMED CONVEYANCE:

 

The Promoter (Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorized officer to execute the conveyance deed in favour of the society and execute on behalf of non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

 

DIFFERENCE BETWEEN THE DEEMED CONVEYANCE AND THE REGULAR CONVEYANCE

 

In case of regular conveyance, the builder/ Developer/ Land owner prepare a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner.

 

In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who don’t want to part with the land and the building in favour of the society.

 

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 18th, 2018|Conveyance Vs Deemed Conveyance|Comments Off on CONVEYANCE VS DEEMED CONVEYANCE
Read More

PROCEDURE FOR FILING AN APPLICATION FOR DEEMED CONVEYANCE

After the above mentioned conditions are fulfilled, the following steps shall be taken:

Write a letter /email to builder/ promoter requesting him to provide a draft of the SALE DEED/ CONVEYANCE DEED or providing the draft to him and requesting him to sign the same.

  • If the Builder rejects or postpones the same, send him a legal notice through an advocate requesting for the same.
  • Even then if the builder refuses, File an application with the Registrar of Co-operative Societies together with all the relevant documents and 2000 Rs. Court stamp fees.
  • Self-attestation all the copies enclosed (by the society)
  • The Competent Authority will assess the application and if any documents are missing he will ask the applicant to correct the mistake within fifteen days.
  • Thereafter, notice would be sent to the promoter and the land owners.
  • After receipt of the notice by the land owners and the promoters, the authority will hear both parties in the first hearing and ask both parties to produce further evidences in next hearing.
  • Thereafter, second hearing would be held and if the builder or landowners do not attend both first and second hearing then the authority will pass an exparte order.
  • Thereafter, the third and final hearing would be held and the authority would be held and order would be passed unless a legal question is raised.
  • Normally the whole process is completed within a period of 6 months.

DOCUMENTS REQUIRED:

Further, the application required to be made with the Registrar shall be accompanied by copies of certain 20 odd documents which the society shall have to prepare or get prepared.

 

The papers required for doing Deemed Conveyance are as follows:

  • Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
  • Affidavit made before the Notary or Executive Magistrate True copy of the Society Registration Certificate
  • Stamp duty paid and registered agreement copy of 1 individual flats/ shops with Builder/Developer
  • List of members in prescribed format
  • Index-II for each member as issued by the Sub-Registrar of Assurance
  • Copy of the Development Agreement between land owner and builder
  • Copy of the Power of Attorney between land owner and builder
  • Copy of the legal notice issued to the original owner or developer for doing conveyance
  • Details of corresponding address telephone number etc. of the original owner or developer
  • Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

 

Documents to be obtained from City Survey Office, for submission:

  • City (CTS) Survey plan
  • Property Registration Card or
  • 7/12 extract of the land
  • Village form 6 (Mutation entries from Revenue Office)

 

Documents to be obtained from the Collector’s Office, for submission:

  • Copy of the Non-Agricultural Order
  • Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

 

Documents to be obtained from the concerned Municipal Authority Office, for submission:

  • Copy of the approved plan
  • IOD
  • Commencement Certificate
  • Building Completion certificate
  • Occupation Certificate (not compulsory)
  • Property taxes paid
  • Location plan of the building

 

Documents to be obtained from other professionals, for submission:

  • Search Report of the land issued by the Solicitor/Advocate
  • Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
  • Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
  • Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.

After, the Application is heard by the Registrar he may grant an order for deemed conveyance which shall then be produced before a court for execution and hence the conveyance may be done by a court order.

PROCEDURE:

Stage 1- Preparation for Deemed Conveyance
During this stage the Managing Committee prepares the Members of the Co- Operative Housing Society for Deemed Conveyance.

Stage 2- Documentation for Deemed Conveyance
During this stage the Documents Required for Deemed Conveyance are collected/ organized & the Case is prepared.

Stage 3- Legal Case for Deemed Conveyance
During this stage the case is filed before the Competent Authority & after contesting the same the Order & Certificate upholding the right of Deemed Conveyance of the Society is obtained.

Stage 4- Registration of Deemed Conveyance
During this stage the Deemed Conveyance Deed is Adjudicated, properly Stamped & Registered.

Stage 5- Transfer of Property after Deemed Conveyance
During this stage the Society Name is incorporated in the Land Revenue Records.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 18th, 2018|PROCEDURE FOR FILING AN APPLICATION FOR DEEMED CONVEYANCE|Comments Off on PROCEDURE FOR FILING AN APPLICATION FOR DEEMED CONVEYANCE
Read More

CONDITIONS PRECEDENT FOR GETTING A DEEMED CONVEYANCE

There are certain important conditions which need to be fulfilled to go ahead for deemed conveyance, some of them are:

 

  1. At least 60% of the flats in that scheme should be sold.
  2. A Co-operative Society or Association of Persons should have been formed of the flat-owners and at least 3-4 months should have been passed since then.
  3. There should be communication between the builder and the society or AOP regarding Deemed Conveyance wherein the builder should have made a promise of completion of conveyance or refused to do the same.

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 16th, 2018|CONDITIONS PRECEDENT FOR GETTING A DEEMED CONVEYANCE|Comments Off on CONDITIONS PRECEDENT FOR GETTING A DEEMED CONVEYANCE
Read More

CONVEYANCE VS DEEMED CONVEYANCE

Conveyance Deed is a document executed to transfer the title of land and building in favour of Society.

 

MEANING OF DEEMED CONVEYANCE:

 

The Promoter (Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorized officer to execute the conveyance deed in favour of the society and execute on behalf of non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

 

DIFFERENCE BETWEEN THE DEEMED CONVEYANCE AND THE REGULAR CONVEYANCE

 

In case of regular conveyance, the builder/ Developer/ Land owner prepare a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner.

 

In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who don’t want to part with the land and the building in favour of the society.

 

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 15th, 2018|Conveyance Vs Deemed Conveyance|Comments Off on CONVEYANCE VS DEEMED CONVEYANCE
Read More

A COMPLETE GUIDE TO DEEMED CONVEYANCE

Most of the flat-owners of the newly constructed Societies/apartments do not have their sale deeds or conveyance deeds. Mostly in the newly constructed buildings, the builders provide for forming a housing co-operative society to which they shall transfer their interest in the property. Then the builders form the society but do not transfer the title of the property (read ownership) to the flat-owners or the society till he has transferred all the rights in the building/ Societies/apartments. Thus the builders/promoters are benefiting from the buyers lack of awareness and information.

To curb this practice, amendments were carried out in the Maharashtra Ownership Flats Act, 1963, in 2008 to appoint a Competent Authority (Registrar of Co-operative Housing Societies) to hear the grievances of such Societies/apartments owners and to safeguard their interest by executing deemed conveyance of such societies u/s 11(3) of Maharashtra Ownership Flats Act, 1963.

Ved Legal is having enough experience to deal with these kinds of Deemed Conveyance of Co-operative Housing Societies, in and around pune. Any aggrieved society or apartment holder can get resolution from us in regards of the same.

MEANING OF CONVEYANCE:

Conveyance means to transfer or convey anything to another person. In the legal sense Conveyance refers to the transfer of ownership or other interest in the property to the other party. Conveyance Deed is a document executed to transfer the title of land and building in favour of Society or Association of Persons (AOP).

 

MEANING OF DEEMED CONVEYANCE:

A deemed conveyance means when the builder/ promoter/ developer of the project refuses to sign the conveyance deed the court can sign the same on behalf of the builder and record the same in the government records.

 

NEED FOR DEEMED CONVEYANCE:

In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society or association of persons (AOP), the society or AOP can make an application to Registrar of Co-operative Housing Societies, to transfer the ownership of the said flats to them. This process is carried on through Deemed Conveyance of the title of the buildings and land in favour of the Society or AOP without the need of the builder to do so.

 

IMPORTANCE AND PROVISION OF LAW ON CONVEYANCE:

As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance; and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned up to 3 years or fined or both.

 

ADVANTAGES OF CONVEYANCE:

  1. Getting a proper and legal title in the name of the Society.
  2. Retaining the additional FSI as per the Government announcements.
  3. Property will be free and marketable.
  4. Society can raise the loans for repairs and reconstruction by mortgage.
  5. Permission from planning authorities is possible if the building has to be reconstructed at a later date due to dilapidation of the structure due to age or by earthquake.
  6. Society can take the benefit of TDR.
  7. Members can receive compensation from Builder on redevelopment of the building.

DISADVANTAGES OF NOT HAVING CONVEYANCE DEED

Even though you have purchased ownership flat, you are not the owner of the land and building. 2. In the event of a building collapse or damage to the building, you cannot reconstruct the building without the permission of the Builder / Land owner.

  1. The Builder/Developer may mortgage the property purchased by you as he is the legal owner and holding the Title Deeds of the Property.
  2. The Builder/Developer may tap the benefits in case the building is later taken up for redevelopment or if the plot has some unutilized floor space index.
  3. The Builder may make profit by sale of open spaces, gardens, terrace, parking space belonging to the Society.
  4. The Builder may demand a huge amount from the Society, if Conveyance is sought by the Society after a lapse of many years.
  5. The Builder may sell the entire Development Rights and the Legal Rights on the land to third party and create a third party interest in the Property and the Society will have to incur a huge amount to clear the same.

CONDITIONS PRECEDENT FOR GETTING A DEEMED CONVEYANCE:

There are certain important conditions which need to be fulfilled to go ahead for deemed conveyance, some of them are:

 

  1. At least 60% of the flats in that scheme should be sold.
  2. A Co-operative Society or Association of Persons should have been formed of the flat-owners and at least 3-4 months should have been passed since then.
  3. There should be communication between the builder and the society or AOP regarding Deemed Conveyance wherein the builder should have made a promise of completion of conveyance or refused to do the same.

 

PROCEDURE FOR FILING AN APPLICATION FOR DEEMED CONVEYANCE:

After the above mentioned conditions are fulfilled, the following steps shall be taken:

Write a letter /email to builder/ promoter requesting him to provide a draft of the SALE DEED/ CONVEYANCE DEED or providing the draft to him and requesting him to sign the same.

  • If the Builder rejects or postpones the same, send him a legal notice through an advocate requesting for the same.
  • Even then if the builder refuses, File an application with the Registrar of Co-operative Societies together with all the relevant documents and 2000 Rs. Court stamp fees.
  • Self-attestation all the copies enclosed (by the society)
  • The Competent Authority will assess the application and if any documents are missing he will ask the applicant to correct the mistake within fifteen days.
  • Thereafter, notice would be sent to the promoter and the land owners.
  • After receipt of the notice by the land owners and the promoters, the authority will hear both parties in the first hearing and ask both parties to produce further evidences in next hearing.
  • Thereafter, second hearing would be held and if the builder or landowners do not attend both first and second hearing then the authority will pass an exparte order.
  • Thereafter, the third and final hearing would be held and the authority would be held and order would be passed unless a legal question is raised.
  • Normally the whole process is completed within a period of 6 months.

DOCUMENTS REQUIRED:

Further, the application required to be made with the Registrar shall be accompanied by copies of certain 20 odd documents which the society shall have to prepare or get prepared.

 

The papers required for doing Deemed Conveyance are as follows:

  • Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
  • Affidavit made before the Notary or Executive Magistrate True copy of the Society Registration Certificate
  • Stamp duty paid and registered agreement copy of 1 individual flats/ shops with Builder/Developer
  • List of members in prescribed format
  • Index-II for each member as issued by the Sub-Registrar of Assurance
  • Copy of the Development Agreement between land owner and builder
  • Copy of the Power of Attorney between land owner and builder
  • Copy of the legal notice issued to the original owner or developer for doing conveyance
  • Details of corresponding address telephone number etc. of the original owner or developer
  • Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

 

Documents to be obtained from City Survey Office, for submission:

  • City (CTS) Survey plan
  • Property Registration Card or
  • 7/12 extract of the land
  • Village form 6 (Mutation entries from Revenue Office)

 

Documents to be obtained from the Collector’s Office, for submission:

  • Copy of the Non-Agricultural Order
  • Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

 

Documents to be obtained from the concerned Municipal Authority Office, for submission:

  • Copy of the approved plan
  • IOD
  • Commencement Certificate
  • Building Completion certificate
  • Occupation Certificate (not compulsory)
  • Property taxes paid
  • Location plan of the building

 

Documents to be obtained from other professionals, for submission:

  • Search Report of the land issued by the Solicitor/Advocate
  • Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
  • Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
  • Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.

After, the Application is heard by the Registrar he may grant an order for deemed conveyance which shall then be produced before a court for execution and hence the conveyance may be done by a court order.

PROCEDURE:

Stage 1- Preparation for Deemed Conveyance
During this stage the Managing Committee prepares the Members of the Co- Operative Housing Society for Deemed Conveyance.

Stage 2- Documentation for Deemed Conveyance
During this stage the Documents Required for Deemed Conveyance are collected/ organized & the Case is prepared.

Stage 3- Legal Case for Deemed Conveyance
During this stage the case is filed before the Competent Authority & after contesting the same the Order & Certificate upholding the right of Deemed Conveyance of the Society is obtained.

Stage 4- Registration of Deemed Conveyance
During this stage the Deemed Conveyance Deed is Adjudicated, properly Stamped & Registered.

Stage 5- Transfer of Property after Deemed Conveyance
During this stage the Society Name is incorporated in the Land Revenue Records.

Let’s discuss each step in detail:

 

  1. Preparation for Deemed Conveyance:

In this stage the managing committee needs to pass resolution to undergo deemed conveyance. A Special General Meeting is scheduled with prior notification and consent of all the members is obtained to move ahead.

 

During this SGM the following Resolutions are typically passed.

  1. Resolution for going ahead with Deemed Conveyance
  2. Resolution for Appointment of Authorized Representative
  3. Resolution for Appointment of Legal Consultant for Deemed Conveyance
  4. Resolution for Per Member Contributions
  1. Documentation for Deemed Conveyance:

This is the most crucial step in obtaining deemed conveyance. It is a very meticulous job and make sure all the documents are lined up within the right format. You would require land revenue records, municipal corporation records, society records, property development records and professional certificates.

All these documents can be obtained from various departments such as Land revenue records from City Survey Office, Tahasildar/Talathi Office & District Collector Office, municipal corporation records from Building Proposal Department of the Municipal Corporation. Society records and certificates can be obtained from society offices and professionals.

Once all the documents are lined up, society needs to fill in Deemed Conveyance Application- Form VII and attached all the related documents. In case of deemed conveyance, a legal notice is sent to the developer for their consent. In regular conveyance procedures, since the developers or promoters are willingly providing the rights lot of documents can be easily recovered from them.

Once the form is filled up and all documents are annexed it is submitted to the Competent Authority- the District Deputy Registrar of Co- Operative Societies of the particular District.

  1. Legal Case for deemed conveyance:

Once the application is submitted to the authorities they issue Deemed Conveyance Scrutiny Report- Form VIII within 1 month. Once the compliance is provided the authorities issues Summons & Newspaper Notices to the Land Owners & Property Developers for appearing for the hearing.

During the hearing process authorities take into consideration the arguments of the both parties. The process takes place within 3-4 months. Once all the arguments are documented the office issues a Deemed Conveyance order within 1 month. The whole process is completed within 6 months as this is a time bound activity.

  1. Registration of deemed conveyance:

A deemed conveyance deed is created during this phase and is signed by both societies and developers. If developers do not appear for hearing in the prior stage (Which is the case in deemed conveyance), authorities have the power to sign the deed on behalf of developers.

The society needs to conduct a meeting and appoint 3 members to sign the deed. Post that the deed is submitted to district stamp office for adjudication. If all the members have paid their stamp duty and if there is no balance FSI, the office issues adjudication certificate. (Note – Deed only requires Rs 100 stamp duty). The adjudication certificate needs to be then franked from local bank and resubmitted to registration office.

The registration office then issues notice to land owner/developer to verify if there is any stay order against the deed of conveyance. (Note – The developer can get the stay order only from high court). If there is no stay order the deed of deemed conveyance is registered and then the office issues scanned documents and Index II. This mark end of registration process and the society becomes the owner of the land and structure.

  1. Transfer of property:

In this phase a new application is submitted to various departments to make mutation entries in their records. This would make the process complete.

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 15th, 2018|A complete guide to Deemed Conveyance|Comments Off on A COMPLETE GUIDE TO DEEMED CONVEYANCE
Read More

What is Special Marriage Act

The Special Marriage Act deals with inter caste and inter-religion marriages.

Inter-caste marriage is a marriage between people belonging to two different castes.

The Special Marriage Act is a special legislation that was enacted to provide for a special form of marriage, by registration where the parties to the marriage are not required to renounce his/her religion.

 

Application of the Act

This Act covers marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. This act applies to every state of India, except the state of Jammu & Kashmir. This Act extends not only to the Indian citizens belonging to different castes and religions but also to the Indian nationals living abroad.

 

Requirements

As Indians believe in marriages with proper rituals, customs and ceremonies involving pomp and show & extravagant celebrations, the Special Marriage Act does not require any of them. The basic requirement for a valid marriage under this Act is the consent of both the parties to the marriage. If both the parties are ready to marry each other, that suffices it; here caste, religion, race, etc. cannot and do not act as a hindrance to their union.

 

For marriage under this Act, the parties need to file a notice expressing their intention to marry each other, with the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for at least 30 days preceding the date on which such notice is being filed. The marriage is then said to be solemnized after the expiry of 30 days from the date on which such notice has been published. But if any person related to the parties objects this marriage and the Registrar finds it to be a reasonable cause of objection, then he can cancel the marriage on such grounds. For a valid marriage, it is also required that the parties give their consent to the marriage in front of the Marriage officer and three witnesses.

 

Conditions

The conditions required to be followed for this special form of marriage is not very different from the requirements of other normal marriages, which happen within the caste. These are the conditions to be eligible for a marriage under this Act: –

 

  • The bridegroom must be at least 21 and the bride must be at least 18 years of age at the time of marriage. This is the minimum age limit for a boy/girl to marry, respectively.
  • Both the parties must be monogamous at the time of their marriage; i.e. they must be unmarried and should not have any living spouse at that time.
  • The parties should be mentally fit in order to be able to decide for themselves e., they must be sane at the time of marriage.
  • They should not be related to themselves through blood relationships; i.e. they should not come under prohibited relationships, which will otherwise act as a ground to dissolve their marriage.

 

These are the basic requirements for a valid marriage under the Special Marriage Act, which every Indian must know.

 

Legitimacy of children

A marriage is said to be void, where the conditions mentioned in point no.4 are not met with, and the children from such marriages who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act as mentioned in Sec.26 of the act.

 

Application on succession Rights

Another important point that every Indian should have knowledge about SMA is that, the succession to property of persons married under this act or any marriage registered under this act and that of their children will be governed under the Indian Succession Act. But, if the parties to the marriage belong to Hindu, Buddhist, Sikh or Jain religions, then the succession to their property will be governed under the Hindu succession Act.

 

Restriction on Divorce during 1st yr of marriage

Any person married under the Special Marriage Act, must know about this important provision of the Act. The parties cannot petition for divorce to the District court unless and until one year has expired from the date of their marriage as registered in the marriage books.  But, in cases where the court is of the opinion that the petitioner has suffered exceptional hardships or the respondent has shown exceptional depravity on their part, a petition for divorce would be maintained, but if any misrepresentation is found on the part of the petitioner to apply for divorce before the expiry of 1 yr, the court may if any order has been passed, state the order to take effect only after the expiry of 1 yr, as mentioned in sec. 29 of the Act.

 

Can they remarry?

Talking, about the option of remarriage available to marriages of persons registered under SMA, one important thing that has to be paid attention is that, where the marriage has been dissolved and there is no right of appeal available, or there is no petition made for it in the required period, or appeal if presented is dismissed, then the parties may remarry, as provided by the Act.

 

Conclusion

Hence, the above discussed general and legal aspects of Special Marriage Act, holds high importance not only for the people who have registered their marriage under the act but also to all the citizens of the country in order to have a better understanding of the law and treat the marriages between different castes and religions to be equally sacred and auspicious like the marriages between one’s own caste. With my article I assume to have made my point on Special Marriage Act which every Indian should know, and once they know, the country will surely become a better place to live with the crimes of honor killing and torture etc. to come to an end.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 14th, 2018|What is Special Marriage Act|Comments Off on What is Special Marriage Act
Read More

Marriage Counseling in Matrimonial Disputes

Marriage counseling, also known as couple therapy, helps couple to overcome their immediate problems, resolve conflict and improve their relationship. It also equips them to meet the future issues. Through counseling, a couple can get better insight into their deteriorating relationship, identify the crucial factors behind their differences and make rational decision rather than choosing the ultimate separate ways.

Marriage counseling can be availed to address many specific issues like: –
1. Communication problems
2. Financial difficulties
3. Conflicts about child rearing
4. Sexual difficulties
5. Infidelity
6. Family issues

Marriage counseling brings couples together for joint therapy sessions. However, this does not guarantee that talking about the problems with a marriage counselor would be easy. Sessions might pass in silence or the couple might bring their fight with them. The marriage therapist acts as mediator or referee and help cope with the resulting emotions and turmoil.

The role of a Marriage Therapist

Marriage counseling is provided by licensed therapist known as marriage and family therapist. While dealing with matrimonial disputes, counselors develop their own scientific support system through good listening skills and generally do not give their own assumptions and notions while counseling.

Marriage counseling sessions are specific for individual cases, since it involves unique issues and expectations. The counselor has different goals at different level of functioning. In some cases, marriage counseling session could be for a short duration, depending if the issue is not very serious like ego differences between a couple. And in some it may extend to weeks or months. However, in matters relating to physical abuse and torture, no attempt of counseling and mediation should be made and ‘Domestic Information report’ must be filed.

 

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 14th, 2018|Marriage Counseling in Matrimonial Disputes|Comments Off on Marriage Counseling in Matrimonial Disputes
Read More

Advocates for RERA Registration In Pune

  • Implications of RERA on buyers, builders, agents
  1. Provisions applicable to both residential and commercial properties
  2. Expected to bring in transparency and accountability in real estate sector
  3. Each state to set up Real Estate Regulatory Authority to regulate real estate development
  4. Standardization of norms to protect interests of buyers and developers
  5. Aims to minimize rampant project delays and mis-selling

 

  • Real Estate Regulatory Authority:-

RERA is an Act for regulation and promotion of the real estate sector to ensure the sale of apartment, plot or building in an efficient and transparent manner. The Act aims to protect the interest of consumers. It was enacted by the Parliament in May 2016 and the Act has come into force with all its 92 sections from 1st May, 2017 across India. So far, 14 states and union territories such as Uttar Pradesh, Gujarat, Bihar, Madhya Pradesh, Odisha, Andhra Pradesh and Maharashtra have notified their rules with RERA and the others are expected to follow suit.

The implementation of RERA is expected to bring relief to the homebuyers as builders will be accountable for the timely delivery of the projects and to protect buyers from fraud sellers. The developers would also gain from the increased confidence of the consumers in a regulated environment.

It is mandatory for the developers to get all approvals from various government agencies before launching a project and disclose all the information on the website that the respective state RERA regulatory authority will set up.

Real estate agents will be provided a registration number by the regulator which they have to mention in every property sale. This will help in eliminating the possibility of misleading the purchaser. The authority has wide ranging powers to impose penalties and imprisonment of agents in case of violation of law.

  • Advantages of RERA for homebuyers
  • Builders have to disclose every detail of the project on the website of authority and update these on a regular basis
  • The buyer will have to pay only on the basis of carpet area (area within walls). The builder cannot charge them for the super built-up area (lift, balcony, stairs and lobby)
  • Timely completion of projects as 70% of the money collected from the customer has to be transferred in a separate bank account and can be used only for the purpose of completing the construction of the project
  • Any delay in completion of the project will require the developer to pay an interest rate of 2% above SBI’s Marginal cost of leading rate to the buyer for delayed period
  • Any defect in the building will be the responsibility of builder for a period of 5 years
  • Any disputes with the buyers need to be resolved within 120 days
  • Provisions of RERA:-
  1. RERA will be followed in every state of India and this regulation applies to both residential and commercial properties.
  2. Builders are required to deposit 70% of the funds collected from buyers in a separate bank account for the construction of the project
  3. Developers have to disclose the project details (financial statements, legal title deed and others) on the website and update it on quarterly basis related to the construction progress
  4. The sale of property will be based on carpet area and not on super built-up area.
  5. Builders require submitting the original approved plans for their project and the alterations made to RERA
  6. Developers and buyers both have to pay the same interest rate of 2% above SBI’s MCLR in case of any delay.
  7. Projects with plot size of minimum 500 sq. mt or 8 apartments need to be registered with the RERA Authority
  8. Imprisonment of up to 3 years for the developers and up to 1 year for agents and buyers for violation of law
  9. Developers are not allowed to advertise, sell, offer, market or book any plot or apartment without registering to the authority
  10. Any structural or workmanship defects in the building during the period of 5 years must be rectified within 30 days by the promoter without any further charges. If he fails to do so, the buyer is entitled       to receive the compensation under RERA
  11. Developers cannot demand for more than 10% of the property cost as an advanced payment booking amount before signing a registered sale agreement

 

All commercial and residential projects will have to register except in projects where:-

  • The area of land proposed to be developed does not exceed 500 sq. mt
  • The number of apartments is not more than 8
  • Any repair or renovation of an existing building or structure that does not require marketing, advertising and selling of any apartment or plot
  • Registration process for Real Estate Agents
  • Fill an application form along with fee and documents to get registered with RERA
  • You will receive a registration number from the regulator. This need to be mentioned in every property sale
  • On a quarterly basis, you are required to maintain the books of account, records and documents related to the transactions
  • Share all the information and documents about the project with the buyer
  • Agent may be suspended for the misrepresentation or fraud during the registration process

 

  • Documents required for registration under RERA

Following documents should be enclosed in hardcopy with the application:-

  • PAN Card of the builder.
  • ITR of last 3 years and the balance sheet of the builder.
  • Builder must clarify about the apartment (carpet area, number of floors, parking space)
  • Declaration by the builder of having legal title of the land with proof
  • Details of the land (rights, title, mortgage)
  • If the builder is not the owner of the land, the consent letter of the actual owner with documents will be required.
  • Details of the project (location, sanctioned plan, layout plan)
  • Ownership documents (proforma of allotment letter, agreement of sale)
  • Information of the persons involved (Architects, Engineers and others)
  • Filling of complaints under RERA
  • Any aggrieved person may file a complaint with RERA for any violation of the provisions of the Act.
  • In case the person is not satisfied with the decision made by RERA or its officer, he may file an appeal before the RERA Appellate Tribunal within a period of 60 days
  • From the date of decision made by Appellate Tribunal, person can file appeal to High Court within 60 days
  • Penalties and Punishments under RERA

 

 

 

 

On Promoters / Builders

OffencePenalties / Punishment
Non registration of a project10% of the estimated cost of real estate project
Violation of lawImprisonment for up to 3 years with or without fine for 10% of the estimated cost of project
Providing false information5% of the estimated cost of project
Other contraventions5% of the estimated cost of project

 

On Agents

OffencePenalties / Punishment
Non registration of a projectRs. 10,000 per day of default which may extend up to 5% of the cost of property
Failure to comply with AuthorityPenalty on a daily basis which may extend up to 5% of the estimated cost of plot
Failure to comply with TribunalImprisonment for up to 1 year with or without fine of 10% of the estimated cost of the project

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 14th, 2018|Advocates for RERA Registration In Pune|Comments Off on Advocates for RERA Registration In Pune
Read More

Company Registration Process

  1. SOLE PROPRIETORSHIP FIRM

A sole proprietorship business is where a single individual runs the business. There is no separation between the legal identities of the business and the businessman. In other words, business debts are the businessman’s own debts. His liability is unlimited and he is personally responsible to bear all losses of the business.

  • Following are some essential features of a sole-proprietorship:
  • Easy to form
  • One person ownership
  • Unlimited liability
  • No separation between business and business owner
  • Freedom of decision making
  • Tax benefits.
  • Business exists as long as the owner does.

 

  • Registration of Sole Proprietorship Firm

There is no formal process for registering a Sole-proprietorship in India. Therefore, the existence of a sole proprietorship business can be established only through opening a bank account in the name of the proprietorship firm or obtaining licenses required for conducting the business under various other acts such as:

  • Shops and Establishments, for the premises.
  • FSSAI License Food License, if you are thinking to start food truck, restaurants, food joints, food item or consumable item packaging, food item or cosumable item delivery etc.
  • GST RegistrationIt is a mandatory for all Business or Professional entities with turnover exceeding INR 20 lakhs are required to obtain Goods & Services Tax (GST) registration compliance
  • Trade License, issued by the municipal corporation of a city, allows a business owner to carry on an activity or manufacture or exchange of any commodity.
  • Import Export Code(IEC), if you want to import or export.

 

However, please note that you don’t need to register under all these acts. The kind of registration will depend upon a) type of your business b) expected annual turnover and c) location.

  1. PARTNERSHIP FIRM

A partnership firm is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. All the partners have unlimited liability, which means they are personally liable for the debts of the business.

  • Following are some essential features of a Partnership:
  • Aim is to share profits and not losses.
  • Losses, if any, will be borne by partners in their profit sharing ratio.
  • Only persons who are competent to contract# can form a partnership.
  • A minor cannot be a partner in a partnership. But, he is allowed to share the profits from a partnership business.
  • No partner is allowed to transfer his share in partnership to any other person without the consent of all the other partners.
  • There is a presumption of utmost good faith between partners.
  • Every partner contributes to the business in some form or the other. It may be in the form of time, money, skills and/or goodwill.

 

 

  • Registration of Partnership Firm:

A partnership firm can be registered whether at the time of its formation or even subsequently. You need to file an application with the Registrar of Firms of the area in which your business is located.

  • Ensure that the following documents and prescribed fees are enclosed with the registration application :
  • Application for Registration in the prescribed Form – I
  • Duly filled Specimen of Affidavit
  • Certified copy of the Partnership deed
  • Proof of ownership of the place of business or the rental/lease agreement.

 

  • Application for partnership registration should include the following information:
  • Name of your firm
  • Name of the place where business is carried on
  • Names of any other place where business is carried on
  • Date of partners joining the firm
  • Full name and permanent address of partners.
  • Duration of the firm
  • Every partner needs to verify and sign the application

 

Once the Registrar of Firms is satisfied that the application procedure has been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.

  1. ONE PERSON COMPANY

The concept of One Person Company (OPC) was introduced by the Companies Act of 2013. It is a cross or hybrid between the sole proprietorship and company forms of business and combines the best features of both. As the name suggests, it allows a single individual to form a company. It combines the freedom of a sole proprietorship business with the limited liability and various other benefits that come with operating as a company.

  • Following are some essential features of a One Person Company:
  • Any natural person can form a company. i.e. an individual
  • The person must be an Indian citizen or a person who is resident in India
  • Such person will be the shareholder and member of the company. No other shareholder is required.
  • Such shareholder must nominate a person to act as his nominee to act as the shareholder/member in the event of his/her death incapacity.
  • Consent must be obtained from a person before designating him/her as the nominee.
  • An OPC must have a minimum of one director.
  • The person forming the company may also act as the director.
  • Such company can only be incorporated as a private company.
  • It may be a company limited by shares, by guarantee, or an unlimited company.
  • Minimum capital requirements are the same as applicable to a private company i.e. INR One (1) Lakh.

 

  1. LIMITED LIABILITY PARTNERSHIP

An LLP is a unique mode of doing business which offers a combination of the flexibility of a partnership and limited liability of a company. It is governed by the Limited Liability Partnership Act, 2008. An LLP is the most preferred route taken by startups to incorporate their business.

  • Following are some essential features of a LLP:
  • It is a corporate body.
  • It is a legal person separate from its partners.
  • All the partners have limited liability.
  • It provides perpetual succession to the business.
  • Requires at least two partners and at least two individuals as designated partners.
  • At least one designated partner must be a resident of India.
  • Winding up may be voluntary or may be initiated by a tribunal/High Court.
  • The Indian Partnership Act does not apply to an LLP.
  • The Central Government is allowed to apply provisions of Companies Act to an LLP.

 

  1. PRIVATE LIMITED COMPANY

Generically defined, a private company would be an association of persons who share a common purpose and pool their resources in order to achieve that purpose.

As per The Companies Act, 2013, a minimum of two persons can form a private company.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 14th, 2018|COMPANY REGISTRATION PROCESS|Comments Off on Company Registration Process
Read More

CONVEYANCE SERVICES FOR SOCIETIES

In most of the cases people believe that a Purchase Agreement is the final document they need to own. However, a mere purchase agreement does not pass on the developer’s rights on the land to the society. Societies need to make sure they have the complete right to the land, and mere society registration and formation does not provide those rights.

A Conveyance Deed helps societies to gain the right of their land. Post this builder relinquishes his legal right on the land.

We the “VED LEGAL” provide end-to-end conveyance services to the societies including execution of Conveyance Deed, Deemed Conveyance, and Deed of Apartments. We work closely with co-operative societies and government officials and make sure the complete process is hassle free.

With our team of legal advisers and professional approach, we have handled more than 100 cases across Pune. We guide our clients through the complete process of transferring builder’s rights, allocation of additional space and finally establishment of society rights, as per the law.

Our conveyance services include:

Apartment formation:

  • Deed of Declaration • Deed of Apartment

Co-operative Societies Conveyance:

  • Conveyance deed with builder’s consent • Deemed Conveyance – without builder’s consent

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

By |June 13th, 2018|Conveyance Services for Societies|Comments Off on CONVEYANCE SERVICES FOR SOCIETIES
Read More