Need to file Property Matters in the Supreme Court of India?

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LOOKING FOR A LAWYER RELATED TO PROPERTY MATTERS IN THE SUPREME COURT OF INDIA

Corpsage Legal is a law firm that can solve your typical Property matters.

Expertise: We specialize in providing end to end solutions to industries & individuals for their specific legal needs in the real estate market

  1. For Industries
    • Title Deed verification
    • Identification & Acquisition of land for setting up industry
    • Architectural Drawings, Map Sanction, Construction Drawings, Construction Services through our sister concern, Completion, Functional Certifcates from Authority
    • Business Compliance like NOC from Pollution Control Board, Fire NOC
  2. For Individuals
    • Property Due Diligence-Study of documents pertaining to title/ownership rights, mutation, mortgage, bank NOC, litigation history
    • Counseling, advising and formulation of strategy on the property matter in dispute. Execution of transfer of Title documents

 

PROPERTY MATTERS

Both state laws and central laws govern the real estate laws and regulations in the country.
Property law is the set of rules and regulations that governs how a property can be acquired, owned utilized and alienated. It encompasses a range of subjects such as transfer of property procedures, contract act principles and inheritance laws, among others.

Following acts are most relevant related to real estate in India :

  1. Transfer of Property Act, 1882 : The Transfer of Property Act is a law, in India that governs and establishes guidelines and procedures for the transfer of property more specifically, immovable property like land and real estate. It sets out the principles and procedures for transferring property through means such as sale, mortgage, lease, gift and exchange. Its primary purpose is to facilitate the transfer of property, from one individual to another.
  2. Partition Act of 1893: The Partition Act of 1893 is significant, in the realm of property law because it addresses the challenges that arise when properties owned jointly need to be divided among its co-owners. This legislation provides a framework that helps both courts and individuals navigate the complexities of partition cases ensuring a fair distribution of property rights.
  3. Indian Succession Act, 1925: The succession law sets out the guidelines, for how property’s distributed when someone dies either with or without a will. The Indian Succession Act of 1925 specifically deals with cases involving a written will (testamentary succession). However, if there is no written will, the laws regarding intestate succession or unwilled succession outlined in the Hindu Succession Act of 1956 would apply.
  4. Hindu Succession Act, 1956: Hindu Succession Act governs the Hindus as the name suggests. According to the Act, the person who converts into any other religion can still claim his share in the ancestral property but the child of the converted person cannot.
  5. Muslim Personal Law (Shariat) Application Act, 1937: The Muslim Personal Law (Shariat) Application Act applies in the case where both the parties are Muslims. Even if the son has converted into another religion, he is the biological son who has a right to claim over the ancestral property. The act also states that if the child is born out of wedlock, he has the right to claim over the ancestral property
  6. Land Acquisition Act, 1894: This Central Act was enacted to amend the law for the acquisition of land for public purposes and companies. It contains provisions relating to the acquisition of land needed for public purposes and for determining or assessing the amount of compensation that is required to be payable for such acquisition in a speedy method by the collector.

RIGHTS OF PROPERTY OWNERS: Ownership encompasses several rights and responsibilities, including:

  1. Right to ownership and possession: The right to own, possess, and utilize property is the principal legal right of a property owner. The right to actual possession of the property and the prohibition against unauthorized use or access belong to the owner. As long as the use is legal, they are free to occupy it, rent it out, or give it to others.
  2. Right to Transfer: The property owner may give another person ownership of the asset through a sale, gift, lease, or inheritance. These transfers, though, can be subject to particular regulatory requirements and taxation.
  3. Right to Exclude: The owner has the authority to bar anyone from using or entering the property without permission.It may be illegal to trespass or enter property without authorization.
  4. Right to Enjoyment: Property owners are free to make any use of their property. This includes the ability to enjoy the returns on their investment, modify the property in accordance with local building rules, and access and utilize amenities.
  5. Right to Privacy: While an owner’s right to privacy is guaranteed inside the bounds of their property, there are several circumstances in which this right may be curtailed, such as when law enforcement has a good cause to search the land.
  6. Right to Inheritance: Property owners have the option to bequeath their holdings to heirs through a will or in line with applicable succession laws. The right of legal heirs to inherit property is also recognized.
  7. Statutory Rights: In the event that their property is seized for public use, owners of real estate are entitled to legal recourse and a range of legal safeguards against the government acquiring land without their permission.

How to Contact Corpsage Legal LLP?

To connect with us for contract management services for your business, follow any of the below-mentioned ways:

  1. Email: Send us an email with your specific requirements for info@corpsagelegal.com
  2. Mobile: Call us at (+91) 8383943889 or (+91) 8588998935
  3. Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/
  4. Visit Us: You can visit us at our office in Sector 63, Noida, Uttar Pradesh, India.

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