Kachwala Misar & Co.

 Rakesh

 18 Years Exp

 Buying/Selling of Property in India (Show More)

 Mumbai , Kalbadevi

 View Answers by this Partner (5)

 Profile Views : 18383

Information

Overview

Buying /Selling of Property in India

Investment in real estate (Due diligence, Registration of Property, Mutation).

Importance of Sale Deed

Sale deed is an important document for both the buyer and the seller. Through the sale deed, the seller transfers the rights of ownership to the buyer. This enables the buyer to acquire sole ownership of the property. This document provides an ownership proof of the property to the buyer, thus enabling the buyer to carry out further sale

The sale deed needs to be signed between the seller and the buyer, for purchase or sale of a property, to be legally completed. A property transaction cannot be completed without getting the sale deed signed by both the seller and the buyer. Signing a sale deed implies that both the seller and the buyer accept the terms and conditions defined in the agreement.

Certification of documents

To assist for the certification of all documents from the concerned authorities including Apostille certificates from the ministry of external affairs.

    Invaluable assistance and expertise offered to buying and selling of property in india real estate to individuals, corporates, real estate developers etc.
    Competence in handling the full spectrum of real estate properties.
    Awareness of the most competitive costs and fees involved in a transaction.
    Practical, Constructive and Innovative solutions.
    Professional, business oriented approach to ensure best possible prices for our clients.
    Advantage of having an understanding of the dynamics and volatility involved while investing in real estate.
    Detailed information to the client regarding risks, technicalities and legal considerations involved in the transactions.

NRIs to put their money in ventures because they are too far away to be able to judge the credibility of projects where investment is possible. Propertified offers invaluable assistance and expertise to buy or sell real estate to individuals, corporates, real estate developers etc. The company has competence in handling the full spectrum of real estate properties since there is sound awareness of the most competitive costs and fees involved in a transaction. Our experts make a constant endeavor to come up with practical, constructive and innovative solutions for all property related issues. We follow a professional, business oriented approach to ensure best possible prices for our clients which is backed by our advantage of having an understanding of the dynamics and volatility involved while investing in real estate. The company makes sure that we give detailed information to the client regarding risks, technicalities and legal considerations involved in the transactions. Specifically, the scope of our services is related to the following:

REAL ESTATE SERVICES:

    Identification of buyer/seller.
    Identification of a suitable property as per the requirements of the client.
    Establishing title to the property.
    Ensuring that all documents are properly executed and delivered.
    Preparing & evaluating all the documents necessary to complete a transaction efficiently & correctly.
    Negotiating, drafting and reviewing sale and purchase agreements.
    A thorough physical inspection of the property in order to negotiate a better purchase price.
    Representation before various authorities such as Sub Divisional Magistrate, Registrar, Courts etc.
    Repatriation advice, tax advice and any other compliance advice.
    Exclusion of a termination clause- Suppose you plan to terminate the MoU after registration of an agreement, then this should be explicitly mentioned in the MoU. Even though an MoU is not legally binding, the absence of a condition could lead to higher risk of litigation.


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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

 

  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 Opinion/Title Certification ( Villa Project )
  Legal Opinion/Title Certification ( Commercial complex )

 Legal & Drafting

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

 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.