property-law

Partition Disputes: Issues and Controversies

Partition Disputes: Issues and Controversies

Partition disputes arise primarily from disagreements within families or among parties regarding the division of property. These disputes often lead to prolonged legal battles that require a deep understanding of the minutest details, including the issues faced by the parties and the controversies that arise in the process. This document explores the concept of partition, […]

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Understanding Partial Partition in Hindu Law

Understanding Partial Partition in Hindu Law

Introduction Partial partition is a nuanced concept in Hindu law that allows family members to divide certain properties while keeping others in common for specific purposes. This approach provides flexibility to address immediate needs, such as marriages or education, while maintaining resources for shared responsibilities. However, it can also present challenges, including the potential for

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Appeals and Judicial Review in Legal Heirship and Succession Certificate Cases

When dealing with matters related to the legal heirship certificate and succession certificate cases, disputes or legal issues may arise with regard to the property rights. These issues often concern the grant, refusal, or revocation of the certificates. The Indian legal system provides a structured process for appealing decisions made by lower courts. This process

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A diagram titled "Understanding Succession and Legal Heirship in India" showing two types of certificates: "Legal Heirship Certificate" on the left with a scale icon and "Succession Certificate" on the right with a document icon. Both icons are connected by a central circle, symbolizing their roles in inheritance matters.

Understanding the Difference Between Succession and Legal Heirship Certificates in India

In India, the legal system provides two distinct certificates to address property inheritance when an individual passes away. These are succession certificates and heirship certificates. Both documents identify the rightful legal heirs of the deceased. However, they differ significantly in the scope of property covered, the authority granted, and the formal recognition provided. These differences

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Builders Cannot Escape the Liability of Defective Construction of Building - RERA Act to Protect Buyers

Defective Construction of Building – Builders Liability Under RERA Act

The Real Estate (Regulation and Development) Act, 2016 (RERA), has brought transformative changes to the real estate sector in India, emphasizing accountability, transparency, and protection of home buyers’ interests. RERA’s primary focus is to regulate and promote efficient real estate transactions. Furthermore, it ensures that developers meet their promises while simultaneously safeguarding consumers’ rights. Among

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Registration under RERA

Registration as a Developer Under the RERA Act – Key Insights for Real Estate Stakeholders – Key Insights for Real Estate Stakeholders

1. Introduction The Real Estate (Regulation and Development) Act, 2016 (RERA) has transformed the landscape of real estate regulation in India. It aims to ensure transparency, protect homebuyer interests, and hold real estate developers accountable. The primary goal of RERA is to eliminate malpractices and foster trust between buyers and developers. One of the key

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Understanding Builders' Liability in Delayed Property Possession Under RERA: A Case Analysis

Understanding Builders’ Liability in Delayed Property Possession Under RERA: A Case Analysis

Introduction: A Significant Win for Homebuyers in Delayed Possession Cases The Karnataka Real Estate Regulatory Authority (RERA) recently delivered a noteworthy judgment in favor of a homebuyer. The authority held Krishna E-Campus Private Limited liable for delayed possession of a residential property. This judgment, resulting in an order for the developer to pay INR 5.84

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Property Sale Agreement Checklist

Property Sale Agreement Checklist: Key Factors to Check Before Signing

When entering into any property transaction, a Property Sale Agreement Checklist is vital. It helps ensure the terms are clear and protects your interests. Understanding the Property Sale Agreement Checklist A Property Sale Agreement Checklist is an essential guide that outlines key steps and considerations to ensure a smooth, secure, and legally compliant transaction when

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Apartment owners right

Undeniable Flat Owners’ Right Against Builders Under RERA

The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, has significantly reshaped India’s real estate sector. RERA was introduced to tackle industry issues like project delays, quality concerns, and transparency gaps. This Act empowers flat owners with rights and legal remedies against builders. Before RERA, flat owners struggled to hold developers accountable

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Rental Dispute between the parties

Tenant Cannot Seek Protection from Eviction Without Paying Rent: Kerala High Court

Obligation to Pay Rent Before Seeking Relief The Kerala High Court recently ruled that tenants cannot seek protection from eviction without fulfilling their legal obligation to pay rent. In the case of Pramod v. The Secretary & Anr and connected cases, the Court held that tenants must discharge their rent obligations if they wish to

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