Kachwala Misar & Co.

 Rakesh

 18 Years Exp

 Property Buying (Show More)

 Mumbai , Kalbadevi

 View Answers by this Partner (5)

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Information

Overview

Once you decide to buy your dream property, there are many documents you need to look into thoroughly before closing the deal. If you ignore this, you may be in for an enduring trouble. It is always advisable that property buyers must insist on seeing the original documents of the property before making the advance payment. It is prudent on your part to make a huge advance payment only when you are satisfied with the authenticity of the documents.

A lawyer can help you avoid some common problems with a property purchase or sale.

Even if a lawyer is not needed during the course of negotiations, the buyer and seller each may have to consult with a lawyer to answer important questions, such as the tax consequences of the transaction. To a seller, the tax consequences may be of critical importance.

The purchase agreement is the single most important document in the transaction. Although standard printed forms are useful, a lawyer is helpful in explaining the form and making changes and additions to reflect the buyer's and the seller's desires.

It is good to take a consultation from the lawyer before buying the Property. Property may be of many types, it may be Residential Flat, Plot, Agricultural Land, Revenue sites etc. Lawyer will clarify your queries about the title of the property. The lawyer will go through the Mother Deed/Sale Deed, Khatha Certificate & Up-to-date Tax paid Receipts, Joint Development Agreement, Encumbrance Certificate and Approved Plan other related Documents pertaining to the Property.


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Reviews

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 ( Apartment/Builder Floor )
  Legal Opinion/Title Certification ( Residential Layout )
  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 & Drafting

  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 )
  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 )

 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.