SSK Law Firm is absolutely a one-stop point on the whole sort of matters associated with the property. We work towards being a firm of the first choice for the clients seeking excellent legal advice from barristers with extensive experience in common and civil law along with especially involving property related matters.
Property Rights:
At first Right to Property was one among the Fundamental Rights within part 3 of Constitution of Indian, now it just a Legal Right under Part 12 by Article 300A of the Indian constitution which was created by the 44th Amendment Act of 1978.
Changing the ownership of an asset:
One can transfer their asset or possession to others in any mode such as sales, mortgages, and gifts. Our firm provides immense knowledge about legal property transfer, assisting our clients in judicial measures in transferring the possessions without any issues.
Some Indian Constitution Acts associated with transferring property:
The Transfer of Property Act 1882:
This act is to monitor the changeover of the authority of a possession legally from one person to one or multiple people in an appropriate method. A person can transfer his or her asset to a single or more people and can also mention when the transfer is going to happen that is at present or in the future.
Indian succession act 1925:
Stating a will legally who can take over the ownership of a property after his or her death.
How to transfer an asset to others:
The possession or asset has been categorized into two different branches as a movable asset and non-movable asset, which is exempting grass, growing crops, and standing timbers. There are various norms and methods to transfer to a property based on the category of the property.
Types of Transferring Property:
Involuntary Transfer
Voluntary Transfer
Involuntary Transfer:
Depriving of one’s property and giving it to others by court jurisdiction without his or her desire.
Voluntary Transfer:
The ownership of possession can be changed to anyone on the willingness of the asset owner.
It can be done in various methods such as:
Will
Family members can receive wealth or property through inheritance after the death of the testator.
Sale
A sale deed can transfer ownership of the property under section 54. The sale of a property must be written in a legal bond and registered as a sale deed.
Gift
If a family member wants to give up his/her of the possession to another member in the family, it can be done through a gift deed. But it is not mandatory to have a gift deed in case you are gifting property to someone. We can transfer both movable and non-moving property through a gift deed. It is essential to record the immovable property under section 17, Registration Act 1908 to transfer as a gift or else the property cannot be transferred to the recipient.
Relinquishment:
Relinquishment of a property can be done by the owner of the property or one who has a share in the property, giving up a part of his/her property or share to another person upon their willingness.
Mortgage
Shifting the interest of a non-movable property as a mortgage deed under section 58. It gives the lender legal rights over the mortgaged property.
Exchange
Asset exchange happens where two-person mutually agrees to transfer the ownership of the property under section 118, and it can be either movable and immovable property.
Property Dispute:
The Property dispute is quite usual to claim the property among the family members, legal heirs, co-owners, faulty description in the legal deed, between seller and buyer for incorrect illustration in the deed. Mostly disputes evolve through the will deed and also for gift deed. We provide legal aid and assist in document verification which includes legal papers of the asset, rental contract papers, and lease agreements. We take care of construction issues, problems occur during the transfer of belongings, rent out residential or lease matters, illegal possession, will registration, power of attorney, the name change, change in ownership, moreover other circumstances correlated to property disputes.
Widely the property disputes happen in the category given below:
About the will of inherited propertyBetween builders and buyers in transferring of property
Non-provision of occupancy certificate- unless obtaining the certificate from the builder, the buyer cannot be able to move to the new property.
Among the owner and occupants owing to the exploitation of the rented or leased possession.
Verifying the Asset Documents:
Before buying a property, proceeding for a loan, or need to take a mortgage on the asset, it is always safe and reasonable to check thoroughly all the documents related to the property. Examining the asset documents completely will be the finest way to stay away from any unwanted fraudulent issues in the future over the property while investing your hard-earned money in any form of asset. There will be several legal documents to be verified for a property, some documents can be easily understood by the buyer, but some may not be easy. We will guide in the best way to proceed by checking all the documents related to the property thoroughly we will clarify all the legal doubts regarding the documents.
What are the documents that need to be verified:
Title of the propertyConstruction Plan
Building plan approval
Mother deed
Encumbrance Certificate (EC)
Occupancy certificate
Sale deed
Property tax receipt
Water tax receipt
Electricity Board receipt
Pending in payment of taxes
Seller identity
Land type conversion certificate, in case of changing an agricultural land to a non-agricultural land such as commercial or residential.
Landlord and Tenant Dispute:
It is always good to comprise a lease or rental contract mentioning clearly about the occupancy period, polices inclusive of conditions among the owner and the tenant. The tenant must check the agreement carefully to be aware of the stipulation and points indicated by the possession owner and understand the occupant’s responsibility and rights. On both sides, the possession owner and the tenant should go through the agreement carefully to stay away from any unwanted dispute. They should have a legal written copy of the lease or rental agreement in stamp paper. The agreement must possess the legal names along with the addresses of the renter and owners. In case the span of the tenancy period is more than 11 months, it is compulsory to enroll the covenant legally.
The agreement should have:
Names of the asset owners and tenant as per their identity proof.
Rental payment details
Duration of the tenement or lease
Advance payments details (rental house security deposit amount)
Pets are allowed or not on the premises.
Agreement renewal
Termination
The State Government of Tamil Nadu has enacted the Tenancy Act 2017, which is called the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act which revokes the Madras Buildings (Lease and Rent Control) Act, 1960.
Based on the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017, the rent courts will be having the power to deal with the clash arises among the occupants and owners.
The owners and the lodger must be legible by the points mentioned in the contract either it can be a rental or lease deal, and it needs to be transparent, and there shall not be any hidden scenario.
Rental Agreement against Lease Agreement:
Duration:Period of the rental contract will be some month to month, whereas the duration of the lease contract will be for long terms, for some years.
Rental Charges:The owner of the possession can make changes in the rental changes with prior information for about at least a month before. In case of the lease the owner of the property cannot change the lease amount until the tenure of the lease is finished which is mentioned in the agreement.
Modification in Agreement:The landlord can make any changes in the rental agreement, for example, changing the rules and protocols but can do it with proper prior knowledge for about at least a month before with mutual understanding. But in the case of the lease agreement, the owner cannot make any changes in the deals, could not change any rules or protocols until or unless the lease agreement gets finished.
Caution Deposit (Rental Home Security Deposit Amount):
Usually, the owner of the possession will collect a sum of money from the renter as a security deposit which is refundable during the time of departing from the property. The owner can detect some amount in the advance sum if at all any damages have been caused by the tenants to the property and if they failed to pay the rent and if there is any outstanding payment in electricity bill or any maintenance service.
The owner does not have any right to withhold the caution deposit amount if the tenant does not ruin the property in any way and do not have pending in any service charges.
Exceeding the Tenancy period:
The tenant cannot overstay by exceeding the duration mentioned in the agreement. If the tenant wants to continue to stay even after the tenancy period, then they should have a new agreement by noting how long they can remain on the premises and also the rules and rights with mutual understanding.
Sometime the tenant may claim ownership over the property by staying for a long period. To avoid this kind of situation, the owner has to renew the agreements every year if he or she wants the tenants to remain in their assets for a long period.
Buyer and Builder Issues:
The main reason for the rise of issue between the builders and buyers are not delivering the property on time which they have promised.
In case of there is a delay in the submission of the property to the buyer. In the case of the buyer has acquired any loan for buying the property, the buyer has to bear both the rental charges and also the Equated monthly instalment (EMI) which will be the most distressing situation and creates mental stress. .
The problem arises when there is any damage in the construction or the reduction in the quality which they have promised to fulfill. The builder will be solely responsible for all the functionalist of the possession and answerable if there is any defect in the structure.
The contract among the buyer and builders must be framed as per section 11 of the Real Estate Regulatory Authority (RERA). Both the builders and the buyers should be aware the agreement should stick with terms and conditions of RERA and as well the property has to be enumerated under RERA.
Real Estate Lawyers:
SSK Law firm has a vast proficiency in legal service associated with real estate. We look after into all the services related to real estate in various sectors commercial, entertainment, education, Hospital, Information Technology, Industries, Manufacturing, etc. Watch over the legitimate matters of infrastructure and construction of mercantile, corporate, domestic, hospital, roads, bridges, slum rehabilitation affirms solar projects. We work on real estate property sale of commercial, residential and agricultural land, lease of property, land purchasing, legal rules for building construction, obtaining building license, property document verification. Real estate contributes a major share in the economic growth of our country.
The Real Estate (Regulation and Development) Act 2016 is to establish the Real Estate Regulatory Authority to improve the status of landholdings sector and direct it in the appropriate method. It guaranteed to protect the concernment of the consumers and ensures transparency throughout the process.
Illegal and Forgery Property
Always it is good to ensure that the property is safe to buy and there will be no fraudulent consequence of the property by verifying the documents and property by a legal adviser. The government is also taking various steps to avoid property forgery and enacting many laws and acts to make the sale and purchase of an asset simple, easy, and transparent. Even though after taking all the necessary and precautionary measures and being transparent, sometimes we are the victim of forgery.
Some fraudulent issues of property are:
Title fraud were not mentioning the owner of the property.Document forgery, faking signature of the property’s owner.
Equity forgery
Land forgery, selling land which does not belong to them.
Home loan forgery against the property.
Illegal flipping, buying a property and selling it as soon as possible for a higher price in the market.
Fraudulent property issue comes under section 420. They will be punished with the fine amount and imprisonment for seven-years.
Owner of the possession must always be careful, and if he or she lives somewhere, means should check the premises whether someone has occupied it. This kind of forgery happens mostly in the case of Non-Resident Indian (NRI) people and elderly person possessions.
