Premium Essay

Buying & Selling of Immovable Properties

In:

Submitted By SwatiSharma
Words 14482
Pages 58
[pic]

Business Law Assignment

Legal and Regulatory Aspects of Buying and Selling of Immovable property

CONTENTS

Overview…………………………………………………………….4

Introduction………………………………………………………...4

Immovable Property………………………………………………..7

Various Laws Related To Immovable Property……………………8

Acquisition and Transfer Of Immovable Property In India……….12

Transfer Property Act – 1882……………………………………...15
Transfer Property Act – 1882(Amendment- 2002)………………..16
Buying and Selling procedure……………………………………..23

Sale and Purchase

• Tips For Selling Property…………………………………...26

• Tips While Buying Property………………………………..27

Legal Documents…………………………………………………...30

India's Land Disputes

• Whistling Woods International……………………….36

• Case against builder Hiranandani…………………………….37

• POSCO Case………………………………………………….39

Case Study: Singur Tata Land Controversy………………………....42

Recent News…………………………………………………………47

Bibliography…………………………………………………………50

Overview

This project talks about the Legal and Regulatory Aspects of Buying and Selling of Immovable property. Immovable Property can be described as land, benefits arising out of land and things attached to the earth, or permanently fastened to anything attached to the earth. There are a number of acts which adhere to the issues relating to immovable property, but the main acts is Transfer Property Act – 1882.The act states the legal aspects related to buying and selling of immovable property.

There have been a number of cases in the recent past related to Immovable Property namely- Whistling Woods Case, Case against builder Hiranandani, and Case study of Singur land.

Introduction

The Indian Judiciary is partly a continuation of the British legal system

Similar Documents

Premium Essay

Know About Real Estate - Pittsfield Ma Real Estate

...Know About Real Estate - Pittsfield MA real estate Real estate is basically a property which consists of a land with some buildings on it. It also contains natural resources like water, crops and minerals. There is also a real estate business in which buying and selling of this property is dealt. In United States of America’s law the word real estate is used for relating a thing and is used to differentiate from a person. This means that a real state property is a land property which is differentiated from personal property that is furniture, clothes and money. So this is a term which differentiates between movable property and immovable property. In United States of America Pittsfield MA real estate is 276 out of 331 largest municipal areas. Total population of Pittsfield MA real estate is 130,518 and has 38 zip codes. Different figures taken from different surveys are as follows Real estate Pittsfield MA has total area of 931 square miles; area of water is 14 square miles, People are living approximately 140 people per square mile and total districts in Real estate Pittsfield MA is 1. Location of Pittsfield MA is in the eastern region of United States of America. Note that all these figures are according to the latest survey reports and changes may happen. In United Kingdom the term real estate is used as real property or the property that is fixed. With the recent advancement in private property sector the business of real estate has been boosted and has become the main sector...

Words: 296 - Pages: 2

Free Essay

Nri Investment

...NRI’s Guide to Investment in Immovable Property and Tax Planning Rajkumar S. Adukia B.Com (Hons.), LL.B, ICWAI, FCA radukia@vsnl.com/rajkumarfca@gmail.com 093230 61049/ 093221 39642 Preface The last few years have seen tremendous growth in the real estate sector of India. Adding impetus to the growth is the liberal policy adopted by the Government of India towards foreign investment in this sector. It appears as if this is the right time for the NRIs to invest in immovable property in India. A time to make their money work at home, while they work abroad. With this book, I have made an attempt to provide answers to the problems commonly faced by a NRI who has already invested or is desirous of investing in immovable property in India. This guide is a simple primer on NRI investments in immovable property, repatriation of proceeds and tax incidences on remittances. This guide provides a detailed outlook on some standard issues in NRI investment in immovable property, repatriation and tax planning, providing non-residents guidance to investing in immovable property in the country. With a view to cover the issues of acquiring immovable property in India as well as outside India, I have divided the guide into two parts. Part A deals with acquisition of immovable property in India and Part B talks about acquisition of immovable property outside India. Part A consists of 27 chapters dealing with a host of topics right from the definition of NRI/PIO to differences between...

Words: 18734 - Pages: 75

Premium Essay

Commercial Contracts in Mexico

...1. General Conditions Under Article 1793 of the Civil Code for the Federal District and 7524 for the State of Mexico: “A kind of agreement that produces or transfers rights and obligations”. So we can say that a commercial contract is an agreement between two or more wills that creates or transfers rights and obligations of a commercial nature, an agreement of 2 or more wills on the production or transfer of rights and obligations, requiring that these wills have an outward manifestation with expressed or implied consent. Their legal nature is based on the presence of a dealer on any of the parties, due to its purpose being the industry, commerce or for the commercial mater of the object to which it refers. Article number 1794 (of the Civil Code for the Federal District) requires consent and an object in order for the contract to exist. Under articles number 1825 and 1826 the object must exist in nature, be determined or determinable and be in commerce (future objects may be subject of contracts as well). Usage and custom is defined as the result from the practice of traders so that they can become considered true law. Their uniform and continuous practice, make rules to be observed as existing law, but they cannot repeal mercantile laws themselves and be contrary to the principles of public policy. The practice is considered a source of DM autonomous and does not need the recognition of the legislator or judge, and changes to the wording of the new social needs. (Cco....

Words: 2982 - Pages: 12

Premium Essay

Nri Guide 2012

...The essential facts/rules/regulations the NRIs must know NRI Guide 2012 2012 A Comprehensive Guide for Indians residing outside India Prakash Nair Prakash@yourownadviser.com www.yourownadviser.com . 1|Page NRI GUIDE (Ver 1.00) (A Comprehensive Guide for Indians residing outside India) Prepared by Prakash Nair Prakash@yourownadviser.com www.yourownadviser.com 2|Page NRI Guide 2012 www.yourownadviser.com PREFACE This NRI guide has been compiled with the help of information available in official website of various government departments like Reserve Bank of India, Income Tax Department, Government of Kerala and other reliable sources. I have taken adequate care to provide current and authentic information. This NRI Guide is intended to serve as a ready reference book to guide NRIs on various matters affecting their financial and other related subjects. This does not purport to be a legal document. So I am not sure that, any errors occurred while compiling this reference guide. In case of any variation between what has been stated in this NRI Guide and the relevant Act, Rules, Regulations, Policy Statements, Government Orders/Circulars etc., the latter shall prevail. Kindly note that, rules related to NRIs are subject to change. Errors and omissions are expected. Ver.2 of this NRI Guide will be published soon with more useful information. Prakash Nair Prakash @yourownadviser.com www.yourownadviser.com Date : 12-Jan-2012 Your suggestions,...

Words: 46099 - Pages: 185

Premium Essay

Kotler

...FDI ……………………………………………………………………. 5.1 5.2 5.3 5.4 5.5 FDI Projects Current Scenario FDI Guidelines For Application In Sector Sector Where FDI is not allowed FDI V/s FII 6. NRI Investment In Indian Real Estate …………………………... 6.1 6.2 6.3 Acquisition /Transfer of Immovable Property by POI Repatriation of Sale Proceed by NRI/POI Investment by Foreign Companies 12-15 7. 8. Real Estate Investment Trust (REIT) & Major Foreign Investors In Real Estate Sector ……………………………………………….. Model Real Estate Law …………………………………………….. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 Establishment of Real Estate Regulatory Authority Registration of Property Promoters Powers of Regulatory Authority12 Establishment of Appellant Tribunal Offences And Penalties Analysis of the Act 15-17 18-19 9. Legislative Issues …………………………………………………… 9.1 9.2 Various Laws In Real Estate Transaction Five Group of Laws in real Estate Business 9.2.a 9.2.b 9.2.c Land Related Laws Applicable To Delhi Environment Laws Construction Laws 20-23 1 MAHESHWARI & CO. Advocates & Legal Consultants 9.2.d 9.2.e 10. Registration Laws Labour Laws 23-31 Comprehensive View of Major Indian Laws …………………… 10.1 Transfer of Property Act (TPA), 1952 Five Modes of Property Transfer 10.1.a 10.1.b 10.1.c 10.1.d 10.1.e...

Words: 22595 - Pages: 91

Premium Essay

Sales

... |Contract to Sell | |Title over the property passes to the buyer upon delivery unless |Ownership is retained by the seller whether or not there is | |there is a contrary agreement |delivery. Ownership passes to the buyer only upon full payment of| | |the price | |Non-payment of the purchase price is a negative resolutory |The payment in full is a positive suspensive condition, meaning, | |condition, meaning the sale becomes ineffective upon the |if the purchase price is not paid, the obligation to deliver and | |happening of such condition |to transfer ownership on the part of the seller does not become | | |effective | |After delivery of the objective, the seller loses ownership over |Whether there is delivery or not, the seller retains the | |it. Unless, the contract is set aside, he cannot recover the |ownership of the object. If the seller, due to non-payment of the| |object |price is ousting the buyer from the property, he (seller) is not | | |rescinding...

Words: 14544 - Pages: 59

Premium Essay

Law on Partnership

...Page 1 of 19 PARTNERSHIP  It is a CONTRACT whereby two or more persons (1) bind themselves to CONTRIBUTE money, property, or industry to a COMMON FUND (2) with the intention of dividing the PROFITS among themselves or in order to EXERCISE a PROFESSION  a STATUS and a FIDUCIARY RELATION subsisting between persons carrying on a business in common with a view on profit CHARACTERISTICS OF THE CONTRACT OF PARTNERSHIP [C, C, L, I, AS, NP] 1. CONSENSUAL  perfected by mere consent 2. CONTRIBUTION of money, property or industry to a COMMON FUND 3. object must be a LAWFUL one 4. INTENTION of DIVIDING the PROFIT among the PARTNERS 5. “AFFECTIO SOCIETATIS”  the desire to formulate an ACTIVE UNION, with people among whom there exist a mutual CONFIDENCE and TRUSTS 6. NEW PERSONALITY  the object must be for profit and not merely for the common enjoyment otherwise only a co-ownership has been formed. HOWEVER, pecuniary profit need not be the only aim, it is enough that it is the principal purpose BUSINESS TRUSTS  when certain persons entrust their property or money to others who will manage the same for the former RULES ON CAPACITY TO BECOME A PARTNER 1. a person capacitated to enter into contractual relations may become a partner 2. an UNEMANCIPATED MINOR CANNOT become a partner UNLESS his parent or guardian consents 3. a MARRIED WOMAN, cannot contribute conjugal funds as her contribution to the partnership UNLESS she is permitted to do so by her husband...

Words: 8779 - Pages: 36

Premium Essay

Real Estate in Bangladesh

...estate is "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; (also) an item of real property; (more generally) buildings or housing in general. Also: the business of real estate; the profession of buying, selling, or renting land, buildings or housing."[1] Real estate development, or property development, is a multifaceted business, encompassing activities that range from therenovation and re-lease of existing buildings to the purchase of raw land and the sale of improved land or parcels to others. Developers are the coordinators of the activities, converting ideas on paper into real property.[1] Real estate development is different from construction, although many developers also construct. Developer Louis Lesser drew the distinction in a 1963 New York Times article, "Developing is the key word. 'We don't build ourselves', Mr. Lesser stresses. 'We buy the land, finance the deal, and then we have the best builders build under bond at a fixed cost.'"[2] Developers buy land, finance real estate deals, build or have builders build projects, create, imagine, control and orchestrate the process of development from the beginning to end.[2] Developers usually take the greatest risk in the creation or renovation of real estate—and receive the greatest rewards. Typically, developers purchase a tract of land, determine the marketing of the property, develop...

Words: 1972 - Pages: 8

Premium Essay

Law on Partnerships

...PARTNERSHIP ( It is a CONTRACT whereby two or more persons (1) bind themselves to CONTRIBUTE money, property, or industry to a COMMON FUND (2) with the intention of dividing the PROFITS among themselves or in order to EXERCISE a PROFESSION ( a STATUS and a FIDUCIARY RELATION subsisting between persons carrying on a business in common with a view on profit CHARACTERISTICS OF THE CONTRACT OF PARTNERSHIP [C, C, L, I, AS, NP] 1. CONSENSUAL ( perfected by mere consent 2. CONTRIBUTION of money, property or industry to a COMMON FUND 3. object must be a LAWFUL one 4. INTENTION of DIVIDING the PROFIT among the PARTNERS 5. “AFFECTIO SOCIETATIS” ( the desire to formulate an ACTIVE UNION, with people among whom there exist a mutual CONFIDENCE and TRUSTS 6. NEW PERSONALITY ( the object must be for profit and not merely for the common enjoyment otherwise only a co-ownership has been formed. HOWEVER, pecuniary profit need not be the only aim, it is enough that it is the principal purpose BUSINESS TRUSTS ( when certain persons entrust their property or money to others who will manage the same for the former RULES ON CAPACITY TO BECOME A PARTNER 1. a person capacitated to enter into contractual relations may become a partner 2. an UNEMANCIPATED MINOR CANNOT become a partner UNLESS his parent or guardian consents 3. a MARRIED WOMAN, cannot contribute conjugal funds as her contribution to the partnership UNLESS...

Words: 8589 - Pages: 35

Premium Essay

Online Property Management

...areas like management, inventory systems, human resource management, colleges, shopping malls …etc. Main advantage of using these applications is to reduce manual work and complete work in short time and security of data. E-Property – is an Estate Agent and Property Management System is a user friendly contact and property manager for real estate professionals. Save time and sell more by empowering to easily keep track of leads, manage listings, and market to new prospects. Estate Agent / Property Management System – e-Property is complete end to end solution to cover all aspects of Estate Agent day to day activity and Property buying selling procedure for small and large organization and individuals. The basic objective of developing this project is: * Maintain client details line, contact details, required property details, client preference like home or apartment. * Maintain property details, registration of property for sale includes property address, property description, price, facilities available. * Save immovable property for rent or sale * Provide the goods to the general public * Record owners of the property and allow them to post ads * Save potential clients of the agency * Allow user to search the property depending on his/her choice. * Allow them to have access to contact owners for purchase or rental of real estate. * System has powerful logical access management in place, each user must be identified by login id and...

Words: 2318 - Pages: 10

Premium Essay

Business Law

...contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. Two or more persons may also form a partnership for the exercise of a profession. (1665a). y NOMINATE There is a name given by the law Contract of Partnership: CONSENSUAL (meaning it is perfected by both parties) y PERSONS Includes not only natural persons but also JURIDICAL persons. A corporation may NOT be a partner but it may engage in JOINT VENTURES. y BIND THEMSELVES Must be capable and competent, meaning, the following may are not included: 1. Minors 2. Emancipated Minors 3. Those under civil interdiction ± accessory penalty of being convicted of crimes 4. Insane persons 5. Incompetent persons (see oblicon notes) HOWEVER, if the person is only a SUSPECT, he may still bind himself into a contract since there is no final verdict yet. y TO CONTRIBUTE MONEY, PROPERTY OR INDUSTRY Makes the contract onerous since this is MUTAL and ALL must give either one of the above Examples: 1. A and B create a partnership with a promise of contributing P10,000 each in cash. A gave his share while B gave a check worth P10,000. Is the issuance a contribution of money? No, unless the check is encashed. 2. Considering the same information above but with B contributing P10,000 in equivalent dollars. No, the contribution must be made using the legal tender, in this case, Philippine pesos. Property contributed may be movable, immovable or intangible...

Words: 25881 - Pages: 104

Free Essay

Stewardship

...|FOR OFFICE USE ONLY | |SCRIPT NO. | | |LATE DAYS | | Leeds University Business School Assessed Coursework Coversheet For use with individual assessed work 200975766 Student Identification Number: Module Code: LUBS _____5002M_____________ Module Title: __Information and Organisation Design __ Module Leader: Andrew Robinson Declared Word Count: ____1492________ Asymmetric Information and Its impact upon the Market Function Introduction Financial market functioning is based on certain fundamentals and technical principles. Information about the market scenarios and the background activities are stated as the fundamental aspects of the financial market movements. If a deal is being carried out between two entities and one entity possesses additive information over another then this scenario reflects the actualization of an unfair financial transaction. The possession of additive information by one entity over another in the financial market is stated as information asymmetry or asymmetric information (Hughes, Liu and Liu, 2007). The current discussion includes the overall assessment of various theories that had been presented over the period of time and their practical application into the financial market in context of asymmetric information. In addition, the discussions carried out in the current essay also elaborate...

Words: 1645 - Pages: 7

Premium Essay

Business

...Investing in the Philippine Stock Market: Worth it! A Term Paper Presented to Ms. Auracel Laplana-Alejandro Humanities Division Ateneo de Davao University In Partial Fulfillment of the Requirements for the subject ENGL 23 – Writing Across the Disciplines Second Semester, SY 2014-2015 By Ronsard-Novem N. Timan Adlin Joey Almencion February 20, 2015 Investing in the Philippine Stock Market: Worth it! By: Ronsard-Novem N. Timan Adlin Joey Almencion Thesis Statement: This paper aims to discuss that although Investing in Stock Market is volatile, risky, and the maintenance is costly, it is a secondary of income, Highly Profitable and has a Long Term Benefits. Outline: 1.0 Introduction 2.0 Background 2.1 Stock 2.1.1 Types of Stocks 2.2 Stock Market 2.2.1 Purpose and Function of Stock Market 2.3 Philippine Stock Market 2.3.1 Brief History of the Philippine Stock Exchange 2.4 Income Bracket for Investment 2.5 Attitude of Filipinos on Investments 3.0 Advantages of Investing in Stock Market 3.1 Earn more Money 3.2 Long Term Growth Benefits 3.3 Highly Profitable 4.0 Disadvantages of Investing in Stock Market 4.2 Risky 4.3 Costly Maintenance 5.0 Refutation 6.0 Conclusion Investment can be considered as a Capital for each company to start their operations. Investment is not only limited to companies, but also for individuals. It is designed to be a source of income for those who have no interest in...

Words: 3292 - Pages: 14

Premium Essay

Tax Planning

...Tax Planning for salaried employees DON'T PAY MORE IN ORDER TO SAVE YOUR TAXES. Expert view for tax saving ........................................................................................................................................................ book I About this n India, most salaried people want to increase their personal savings and yearn to achieve financial freedom. But do they REALLY want to save money or are they too busy? Most people are not motivated enough to learn how they can maximize their savings by efficient budgeting of their personal finances. They are unaware of ways to save tax through tax-efficient investment options available in the market. Often, people do not make timely investments and end up paying huge amount of taxes at the end of the year. To make matters worse, lack of updated and timely information makes tax filing a dreaded chore. Salaried people often falsely believe that they do not need any financial planning as their income and expenses are regular. They presume that their savings automatically accumulate in the bank and do not require any intervention to maximize financial gains. But we believe that with some serious effort and knowledge, salaried people can save huge amounts of money and increase their annual income by investing their hard-earned money in tax-efficient schemes. Does tax planning make you nervous? Tax planning is an integral part of personal financial planning. The amount of scattered and incomprehensible...

Words: 20020 - Pages: 81

Premium Essay

Real Estate

...TRAINING REPORT ON “Growth of Real Estate Sector with in 5years” A case of Corporate Real Estate Solutions Submitted to MAHARSHI DAYANAD UNIVERSITY, ROHTAK In partial fulfillment of the requirements For the award of the degree of MASTER OF BUSINESS ADMINISTRATION (INDUSTRY INTEGRATED) (II SEMESTER) Submitted by: Name: Alok Kumar Upadhayay Regn. No. Roll.No. DAV INSTITUTE OF MANAGEMENT (ELC CODE: 080923013) NH-3, NIT, FARIDABAD. JULY 2011 DECLARATION I hereby declare that the Training Report conducted at Corporate Real Estate Solutions,Delhi. Under the guidance of (Ms. Aakrity) Submitted in Partial fulfillment of the requirements for the Degree of MASTER OF BUSINESS ADMINISTRATION (Industry Integrated) TO MAHARSHI DAYANAND UNIVERSITY, ROHTAK is my original work and the same has not been submitted for the award of any other Degree /diploma /fellowship or other similar titles or prizes. Place: Date: Alok Kumar Upadhayay Regn.No: Roll No. 2 ACKNOWLEDGEMENT First and foremost, I extend my deepest thanks to my mentor and guide Mr. Vishal Srivastava, Director – Corporate Real Estate Solutions, for giving me this opportunity to work in such a prestigious organization as well as for giving me a wonderful thesis. Without his constant guidance and feedback, I would have never been able to complete the training, I did. I am thankful to Ms. Aakrity, whose consistent support and cooperation showed the way towards the successful completion of the thesis...

Words: 15995 - Pages: 64