Purchasing a home, especially for first-time buyers, can be complicated, and numerous complex steps are involved. Hence, you need the help of an expert who knows real estate law.
A Real Estate Lawyer is a professional who oversees all real estate transactions involving the entire real estate law. They are in charge of preparing and reviewing legal documents for real estate transactions and negotiating their terms and conditions.
Our expert property lawyers in Mumbai, Navi Mumbai, Thane & Panvel handle everything from conducting a property title search to resolving real estate disputes. They create title search certificates as per client specifications and investigate any pending litigation on a property.
Kaleeyantey Real Estate Lawyers are well-versed in all Indian real estate laws, including the Real Estate Regulatory Act (RERA), the Transfer of Property Act, state rules and regulations, Standardized Building Bye-laws, Development Control Rules, etc.
Our lawyers provide property-related legal services in both Mumbai, Navi Mumbai, Thane & Panvel. They will evaluate your case and provide the best services possible.
Property law in India
Property law has always been a concern for any country because it affects every member of society, rich or poor. It governs the relationships that members of a society have concerning things that can be tangible or intangible.
Property law in India has seen several changes and complications in its formation and implementation.
What is property law in India?
In general, Property Law in India deals with the law that governs the various issues related to property ownership. Property law governs what an individual is entitled to own and provides guidelines for its use and conditions. It covers both real and personal property. It impacts everyone in a society and is an essential component of land law, family law, and municipal law.
Property is anything legally owned. Furthermore, all properties can broadly get classified as Real and Personal property, and there is now a misunderstanding between real and personal property.
What is the distinction between the two laws? So, real property generally refers to land, including things attached to the land, such as a house, garage, commercial buildings, and even trees or forests. On the other hand, personal property has things one owns and can move, such as a car.
Major real estate regulations
The Indian Stamp Act of 1899 and the Registration Act of 1908
These acts govern laws requiring the registration of various deeds, instruments, and documents relating to the transfer of an interest in immovable property and the payment of stamp duty.
Real Estate Regulation and Development Act 2016
It governs the development, marketing, and sale of real estate projects to protect the interests of consumers in the real estate sector.
The Act established a dispute resolution process through the Real Estate Regulatory Authority and the Appellate Tribunal. It requires specific real estate projects to get registered under its purview.
As a result, states have enacted RERA Act regulations to ensure that the Central Act is implemented locally.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013
This Act governs the government’s acquisition of private land parcels for a company or specific public purposes. It specifies the remuneration and rehabilitation measures that the government will take in acquisition cases.
Transfer of Property Act of 1882
The key Act establishes general principles for immovable and movable property, such as exchange, sale, lease, mortgage, and the gift of property.
The Indian Easement Act of 1882
It governs the regulation of immovable property easement rights.
The Indian Contract Act of 1872
It governs contract laws in India, including but not limited to the capacity to enter into a contract, its execution, implementation, breach, and remedies available to signees in case of a problem. The sections and chapters of the Transfer of Property Act, 1882 relating to contracts will be incorporated into this Act.
Codes of Land Revenue
Different Indian states have developed their own land revenue rules that government regulations about land revenue, tenancy types, agricultural land holding, and other related matters. The specified code includes the division and classes of immovable property in a state, transfer restrictions, revenue officer duties and powers, and rules and penalties for violating such code.
How can we help you?
We will do the following on behalf of you:
- We will advise you on a variety of real estate-related issues.
- We will create documents such as memorandums of understanding, lease agreements, leave and license agreements, etc.
- We will do detailed due diligence, from conducting a title search to vetting share certificates and ownership documents to overseeing and registering the property’s sale.
- Perform complex regulatory and compliance services per changing laws.
- Settlements and dispute resolution in the district and higher courts
What are we known for?
Examining the Property Title
Our real estate lawyers in Mumbai, Navi Mumbai, Thane & Panvel will ensure that the seller has clear and transferable ownership rights to the property they sell. There should be no outstanding legal issues on the property, and the title should be transferable.
Our lawyer will confirm this after reviewing the deed or deeds if there is a chain of multiple property ownership. The lawyer will check with authorities such as the Public Index at the municipal office, the local registration office, the land reform office, and the land revenue office to confirm the information in the title deed.
The property lawyer in Mumbai, Navi Mumbai, Thane & Panvel will ensure that the property is free of encumbrances and has not been charged as security for any loan by the seller. A property cannot get transferred to the buyer unless all limitations and charges are removed.
The lawyer will also check to see if there is any pending litigation, requisition notices, or notices of acquisition against the property. If such problems arise, the property transfer becomes null and void.
Lookup Statutory Approvals
Before the property sale can begin, our property lawyer in Mumbai, Navi Mumbai, Thane & Panvel will ensure that all necessary approvals for the property transfer have been obtained from relevant authorities. Clearances from government departments such as the land development authority, planning authority, environmental authority, income tax department, etc., are included in these approvals.
Our property lawyer in Mumbai, Navi Mumbai, Thane & Panvel knows that special precautions must be taken for properties about trusts, minors, widows, and lunatics as defined by Indian real estate law. Extra caution is also taken when dealing with properties owned by religious people or areas governed by different personal laws.
Managing Powers of Attorney
It is common for developments to be built on plots of land owned by different owners under the Power of Attorney. Our real estate attorney will know the precautions to take when dealing with one or more powers of attorney on selling a property.
Making Sale Documents
Our Real estate lawyers are in charge of carefully drafting the various legal documents involved in buying and selling property.
Dispute Resolution
Any disputes that arise during the sale of the property will get handled by our real estate lawyers, who will prioritize the best interests of their clients.
Cases we handle on property law
When we talk about real estate and construction, we are dealing with a large plethora of work that pertains to the various aspects of the buildings and lands as well as the multiple components that are involved, not only limited to the registration part of it but also the different types of documentation that are required to get executed between the parties in the form of agreement to sale, sale deed, no objection certificate, conveyancing, and various other deeds.
Since the implementation of the RERA Act in 2017, the real-estate regulating authority has played an essential role in regulating disputes between promoters and purchasers. Appropriate differences were observed in disputes between promoters and purchasers who have received an additional remedy in addition to a consumer complaint.
We can file a case with the real estate regulating authority and request a refund of money along with the applicable interest rates, so the real estate and construction field is vast, including land disputes and other types of conflicts that arise from various perspectives.
We primarily handled the below cases for our clients:
Land
Land matters are vast and thus require a specific code to be followed concerning the laws governing the land in respective states. We take care of land matters for our clients and make sure that the justice deserved is received by them.
DRT & SARFAESI
Matters under the Securitization Act are generally heard before the DRT (Debt Recovery Tribunal), and appeals from DRT decisions are heard before the DRAT (Debt Recovery Appellate Tribunal.) We also take care of DRT and SARFAESI cases for our clients.
SRA
SRA is an abbreviation for Slum Rehabilitation Authority.
SRA aims to provide a rehabilitation facility for slum dwellers and slum dwellers. The Slum Dwellers Association requests that the government undertake a reconstruction project that will result in an improvement to their living conditions.
The government then develops a strategy to collaborate with a private promoter or developer, and action is taken based on buildings from various private developers.
The entire narrative and statutory provisions are provided in the SRA act, and all steps must be followed religiously to carry out the slum redevelopment activity.
Our Real estate lawyers Mumbai and Navi Mumbai fight cases on behalf of our clients scammed by a builder who was supposed to allocate a flat under the SRA policy.
Maharashtra Land Laws
Maharastra land Conversion Law
Maharashtra Land Revenue (Conversion of Use of Land and Non-Agriculture Assessment) Rules 1969 moderates the process of agriculture land conversion into non-agriculture purpose in Maharashtra. The process of conversion of land will be completed on payment of a premium, and on verification, if it is found that the holder of the land fulfils all the conditions a conversion order or sanad will be granted to the landholder.
Note: This MLR act applies to all areas in the State of Maharashtra, except those notified as planning areas by state or central Government.
Types of Land Use in Maharashtra:
- Agricultural Land
- Residential Purposes
- Commercial Purposes
- Individual or Industrial Area
- Medical facilities
- Animal rearing and husbandry, systematic farming or dairies such as isolated farms specialising in horticulture, rising of genetically enhanced crops or agriculture requiring specialised abiotic premises.
- Public utility of use to the state or district
- The public or semi-public service of use to the community, tribe or an entire anchal Ceremonials purposes
Malmatta Patrak – Property Card in Maharashtra
Malmatta Patrak or property card is a Government certified property ownership title document in Maharashtra. Property card as the Record of Right (RoR) provides detailed information about ownership of land and history of holders of land. In Maharashtra, property card is issued by local authorities to establish ownership in Urban Area while for rural areas 7/12 extract is issued.
Uses of Property Card:
The following are some of the significant uses of property card in Maharashtra:
- Buying Land
- Buying a Flat
- Court Litigations
Details included in Property Card:
Property card in Maharashtra contains the following details:
- Land Owner Title (Name) and changes in ownership title
- City title survey number of the land
- Location of the land
- Plot number
- Area of land in square meter
- Encumbranceand mutation record
- Details related to loans taken by the landowner from Government agencies
- Details of pending litigations
- Details of paid and unpaid taxes levied on the land.
Agricultural Land:
Exempted Land: No permission will be granted for conversion of the following type of lands:
- Land which is under the Central or State Government Company about the management of Coastal Regulation Zone
- Land falling within the boundary limits of any railway line or national Highway
- Land earmarked as a controlled area in any development plan notified by the State Government under the Ribbon Development Rules,
- Land identified and declared by the Government through its Forest Department as Protected Forests
- Maharashtra land conversion cannot be done in the zones of irrigation project and also those about the environment, public health, peace or safety.
Purpose: Any agriculture land can be converted, for one or more of the following purposes:
- Residential Purposes
- Commercial Purposes
- Individual or Industrial Area
- Medical facilities
- Animal rearing and husbandry, systematic farming or dairies such as isolated farms specialising in horticulture, rising of genetically enhanced crops or agriculture requiring specialised abiotic premises.
- Public utility of use to the state or district
- The public or semi-public service of use to the community, tribe or an entire anchal Ceremonials purposes
Document required:
For obtaining completing Maharashtra land conversion, the applicant has to attach documents as mentioned below:
- Prescribed application form duly filled in duplicate with court fee stamp of rupees 5
- Extract of 7/12 and its four photocopies
- Copies of the relevant mutation entries about land in question
- If the record is not available in the revenue office, a certificate from the Revenue Officer (Talathi or Tahasildar) stating that the files are not available with
- Extract of village form 8A – (8A is a Record of land ownership or your land is recorded in government record along with details such as Village, Taluka, District, Account Number, Total area of land. 8A certificate is required with 7/12 certificate for various applications in government sector or private)
- Certified copies of the land map issued by Taluka Inspector or Taluka Land Record Office
- Site plan (8 copies) and eight copies of the building plan (if permission is asked for constructing the building)
- Extract of the relevant 7/12 – If the proposed land is not abutting to the classified road and right of the way over the boundaries of other survey number or GAT number is acquired and
- If the land in question is abutting SH, NH or EW, a copy of the NOC from Highway Authorities or other appropriate authority
- If the permission for conversion is already granted an application is to be made for a change of use of land, then a copy of the NA order and sanctioned plan is to be attached,
- If the area is attracting provisions of Bombay Tenancy and Agricultural Lands Act, 1948 then the Sale Permission received under section 43/63
- No dues certificate from farmer’s co-op society,
- A document obtained from the Talathi stating therein that the land in the question is not under acquisition.
- If there is no Municipal Corporation or Municipal Council in the area for proposed conversion, the applicant needs to submit a No Objection Certificate (NOC) and clearance certificate.
Contact us:
Kaleeyantey law firm has adequate knowledge and experience dealing with all real estate cases. We guide our clients and offer advice and assistance. The property lawyers from our firm work to provide you with the best legal advice and assistance.
We provide various legal services, including criminal, family, corporate, real estate, information technology, and cyber law. Our firm represents clients in Mumbai and Navi Mumbai and offers legal services 24 hours a day, seven days a week.
You can contact us if you are stuck with a property-related issue in Mumbai, Navi Mumbai, Thane & Panvel.
