Deemed Conveyance – Maharashtra Ownership Flats Act, 1963

What is “Deemed Conveyance” – For proper understanding of “deemed conveyance” we need to analyze the two words separately. Literal meaning of “Deemed” is “to believe / to consider” and is slightly different from “actual / true”. Conveyance means to transfer ownership right and / or interest in fixed (immovable asset). Now these two words [...]

Important legal tips when buying an immovable property – House, Plot (Land)

Important aspects to be considered, including searches to be made and documents perused before BUYING an immovable property in India:- Ascertain creditworthiness, past performance and reputation of the developer. Ascertain ownership of the land, ideally the land is freehold and developer is it’s owner. If it is leasehold the term of unexpired lease is long. [...]

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Four new projects from Dosti Reality: An Insight

Amidst various speculations in the mind related to dream home there is one Group that has always lived to its commitments. ‘Dosti’ group has been into existence since more than three decades and they have fostered a lasting connect with their customers through trust and reliability. This group has covered over 5 million sq ft. [...]

Recovery of possession of immovable property

A person enjoying ownership rights to a particular immovable property is entitled to possession of that property. Possession is a very important and significant ingredient of ownership rights. As stipulated in section 55 (1) (f) of Transfer of Property Act, 1872, seller is bound to give possession of the property to buyer of the same. [...]

Payment of owelty in partition of immovable property

What is owelty:- A joint family may own various immovable properties with diversified location, nature & character, price, fertility and measurement. When there is a partition in the family, it may not be possible to divide such diversified property, equitably by metes and bounds, amongst the co-sharers / coparceners. Any attempt to do so may [...]

Maharashtra housing (regulation and development) Act, 2012.

The aforesaid Act was passed by the Maharashtra state assembly and was sent for Presidential assent in the year 2012. Finally the act got Presidential assent in February, 2014. The state Govt. intends to frame the necessary rules very soon and set up the authority by June, 2014 itself. After it’s implementation Maharashtra will become [...]

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Exchange of property (movable and immovable)

  Exchange of property is one of the various modes to transfer ownership rights in a property (both movable and immovable). Other popular and widely used modes for transfer of immovable property are Sale, Gift, Will etc. “Sale of immovable property” is defined under section 54 of “Transfer of Property Act, 1882” as “transfer of [...]

Clear title, restrictive title & contingent title

Title to an immovable property stands for authority and ownership rights of a person enjoyed by him/her over a specific immovable property. Title to a property may be of various types, depending upon the extent of freedom to exercise such authority and ownership rights pertaining to a specific property. Based on such extent of freedom [...]

Adverse or hostile possession

Adverse or hostile possession

At most of the public places such as public transport systems including railway, parks, restaurants, schools, hospitals etc. we come across warning boards cautioning the general public to remain vigilant to the safety of their belongings. At some places it is curtly mentioned that you are solely responsible for your belongings and the concerned authority [...]

Blanket loan and blanket mortgage

When charge, in the form of mortgage, is created on two or more property(ies) or a basket containing several properties then such mortgage is called “Blanket Mortgage”. Though this type of mortgage and lending against this type of mortgage is not very popular but nonetheless it is advantageous to the borrower and the lender. Persons [...]