Kachwala Misar & Co.

 Rakesh

 18 Years Exp

 Sale Agreement to Registration (Apartment) (Show More)

 Mumbai , Kalbadevi

 View Answers by this Partner (5)

 Profile Views : 18132

Information

Assists in the documentation of the property paperwork

We ensure clean property paperwork starting from scratch until the transaction is finalized. Our lawyer (internal/external) ensure important property documents such as the Sale Deed, Mother Deed, Encumbrance Certificate,Conversion documents, Khatha Certificates, relevant approvals including layout or building plan, Tax paid receipts etc., are flawless and are up-to-date. If required, we check the authenticity of the property documents / title by visiting the registrar's office or advice you to the same on your own. In certain cases, we advise you to advertise, in a regional and a national newspaper about your intent to purchase the property in order to avoid any third party claims or property litigation in future. Also, getting a Conveyance (Sale) Deed vetted by our lawyer will determine whether the land on which the property is situated belongs to a developer / builder or a society and the recitals (terms & conditions) are up to date.

Paperwork vetting by the lawyer

•    Enlightens the buyer about the property history / third party interfering (if any)
•    Acquires complete details of the original owner and previous owners
•    Checks for the rights of easements involved and the minor's rights (if any)
•    Checks for the Encumbrances (if any)
•    Current property status / encroachments on the property
•    Checks for the property revenue records such as Patta / Khata / Tax records
•    Checks for property disputes / court involvements / pathways disputes / violations
 
 
Complete transparency in property buying

Our Lawyers peruse all the property documents and cross checks them to maintain transparency in the deal. We also ensure that the property buying agreement is not one-sided, i.e. in favour of the seller, and keep the buyer's interests in mind.

It is important that a buyer gets the original deed examined by a lawyer to ensure if the seller has given any access to a third party on the property. Our lawyers also check if the seller has any suppressed facts about the property or his ownership.
 
Ensures all approvals are in place

Since a large number of home buyers are bound to be unaware if a property has all the civic approvals, a property lawyer will help him in checking if approvals from the municipal bodies such as building plan approvals, floor plan approvals, NOC from the civic authority, structural safety certificate, environment clearances and others are in place. Right from the commencement of the project to its completion, a property needs all the approvals from the municipal bodies. Non-compliance of the rules of the approving authorities will result in the project being stalled or reduction in market value. Not just this, a project should also have approvals from the fire department, electricity board, state traffic authority, water board and others.
 
Legal assistance buying a joint/old property

Our property lawyers peruse all the documents and explain the procedures of the joint ownership. We further scrutinize the joint development agreement and the terms of the property development and ensure the buyer obtains an NOC from all the owners. We further investigate whether the land is under acquisition for future use by the government.
In cases where the property has been funded by a bank, the bank lawyer also draws out a legal opinion. Even the seller may push you into closing the deal using the said legal opinion. Such legal opinions are typically drawn keeping the bank's interest in mind. Since it is your money at stake we suggest you get an independent and unbiased legal opinion.


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Name : Rakesh

Law Firm Name : Kachwala Misar & Co.

Country : India

City : Mumbai

State : MAHARASHTRA

Practicing Since: 2007

About Your Firm : We are a solicitor firm having practice domain of Arbitration, Civil, RERA, NCLT, property, Testamentary, Society, Revenue, drafting, documentation and Conveyancing.

Manpower/Employee Details

Sr Employee Associated Sr Employee Enrollment/Reg.No Sr Employee Enrollment/Reg.State
Jr Employee Associated Jr Employee Enrollment/Reg.No Jr Employee Enrollment/Reg.State

 

  Legal Opinion/Title Certification ( Villa Project )
  Legal Opinion/Title Certification ( Commercial complex )
  Agreements/Deeds(Bulk) ( Memorandum of Understanding )
  Agreements/Deeds(Bulk) ( Joint Development Agreement )
  Agreements/Deeds(Bulk) ( Agreement of Sale )
  Agreements/Deeds(Bulk) ( Agreement of Sale with GPA & Possession )
  Agreements/Deeds(Bulk) ( Sale Deed )
  Power of Attorneys ( Drafting General Power of Attorney )
  Power of Attorneys ( Drafting Special Power of Attorney )
  Legal Opinion/Title Certification ( Apartment/Builder Floor )
  Legal Opinion/Title Certification ( Residential Layout )

 Legal & Drafting

  Agreements/Deeds ( Sale deed )
  Affidavits ( General Affidavits )
  Registration Assistance ( Apartment )
  Packages ( Legal Opinion to Registration (Plot/Site) )
  Consultation on Property ( Property Buying )
  Agreements/Deeds ( Gift Deed )
  Affidavits ( Other Affidavits )
  Registration Assistance ( Independent House )
  Packages ( Sale Agreement to Registration (Plot/Site) )
  Consultation on Property ( Property Selling )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Registration Assistance ( Commercial Property )
  Packages ( Sale Agreement to Registration (Apartment) )
  Power of Attorneys ( General Power of Attorney )
  Agreements/Deeds ( Rectification Deed )
  Lease/Rental Agreements ( Apartment Rental Agreement )
  Packages ( Legal Opinion to Registration (Apartment) )
  Power of Attorneys ( Special Power of Attorney )
  Agreements/Deeds ( Relinquishment deed )
  Lease/Rental Agreements ( House Rental agreement )
  Legal Opinion (Written) ( Plots )
  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Agreements/Deeds ( Exchange Deed )
  Lease/Rental Agreements ( Commercial Office Rental Agreement )
  Legal Opinion (Written) ( Apartment )
  Wills ( Make A will )
  Agreements/Deeds ( Release Deed )
  Lease/Rental Agreements ( Commercial Shop Rental Agreement )
  Legal Opinion (Written) ( Villas )
  Wills ( Make A Codicil )
  Agreements/Deeds ( Partition Deed )
  Lease/Rental Agreements ( Commercial Lease Agreement )
  Legal Opinion (Written) ( Independent House )
  Notary & Attestation Services ( Get A Document Notarised )
  Agreements/Deeds ( Memorandum of Understanding )
  Lease/Rental Agreements ( Residential Lease Agreement )
  Legal Opinion (Written) ( Commercial Property )
  Affidavits ( Personal Affidavits )
  Agreements/Deeds ( Joint Development Agreement )
  Lease/Rental Agreements ( Car Parking Agreement )
  Agreements/Deeds ( Agreement of Sale )
  Affidavits ( Passport Affidavits )
  Registration Assistance ( Plot )
  Lease/Rental Agreements ( Leave And Licence )

 NRI Services

  Property Search ( Land And Property Search )
  Propert Transfer ( Land and Property Transfer )
  Property Disputes ( Illegal Sale of Land And Property )
  Property Disputes ( Illegal Transfer of Land And Property )
  Landlord Tenant Disputes ( Landlord Tenant Disputes )
  Succession Certificate ( Succession Certificate )
  Buying Selling of Property in India ( Buying/Selling of Property in India )

Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by Kachwala Misar & Co. :  Yes. But how do you demonstrate that you have right in the under construction property? I presume that you would have a allotment letter or registered agreement executed by the Builder/Developer in your favour. Please mention the details of the same also in the will.

Subject :  Cost of rental agreement
Question :  What is the total cost of rental agreement including stamp paper for rental in Hebbal apartment and how much time to send

Answer by Kachwala Misar & Co. :  Please share more details rather the ready reckoner rate. Stamp Duty would depend upon the Rent amount, License Period and the Security Deposit and only then the amount payable can be decided

Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Kachwala Misar & Co. :  Sir, If your agreement value in the agreement is Rs 36 Lakhs then FIRST buyer will have to show the proof of payment of RS 36 lakhs and SECOND in your books of accounts the income received would be RS 36 lakhs and you will have to pay tax on that. In any case, you can register the property with consideration as Rs 27 lakhs and pay stamp duty on Rs 36 Lakhs.