Property Law - Kanchan Khatana and Associates

 

Property Law 

In today’s world where the judiciary is becoming more strict crimes are also increasing at the same pace. Every home buyer has a fear of being cheated by the builder as many fraud cases are coming up related to such cheating The buy is not sure that even after paying the agreed amount he/ she is going the get the property and also if it is going to be allotted on time and if the payment made is worth buying the property. Though the laws in Real State are there to help the aggrieved buyer legal action can also be taken against the buyer. Few remedies that are available to the buyer for the breach of the builder buyer agreement are listed below-

CIVIL REMEDY – 

If there is a case of breach of the agreement that is if the builder does not fulfil the obligation stated in the agreement the buyer can move to the civil court and file the suit for the damages and also an interest of the damages according to the Code of Civil Procedure,1908. Also, if the builder does not fulfil any obligation or uses some unfair practice during the duration of the agreement the buyer can approach the civil court and pray for a refund of the money which is already paid to the builder. The buyer will get quick relief under the Code of Civil Procedure. District courts have the jurisdiction of the cases with the amount of 2 crores and below and the High court deals with matters above 2 crores. The fee charged by the lawyers is according to their expertise and the nature of the case and the court fees are charged as stated in the Act of the state.

CONSUMER FORUM-

Under the Consumer Protection Act 1986 Section 12 the buyer can file a complaint within two years of the dispute taking place with the builder if there is any ‘deficiency’ in the service from the builder's side according to the agreement. It should be noted here that a home buyer is regarded as a ‘Consumer’ according to the Consumer Protection Act, which implies that the property should be for the consumer’s personal use and not for any resale purpose. For example, if the builder does not allot the proper on time as stated in the agreement this would be covered under ‘ deficiency ‘ in service and the consumer can reach out to the consumer forum. The fees charged by the consumer forums are very nominal and are cheaper than the civil remedy. Claims less than 20 lakhs are dealt with by the District Consumer Forum, claims more than 20 lakhs and less than 1crore  are dealt with by the State Consumer Commission and lastly if the claim exceeds the amount of 1 crore the following cases are dealt with by the National  Disputes Redressal Commission. The jurisdictions are given to the forums according to the amount of the claims and compensation. 

ARBITRATION-

According to the Arbitration and Conciliation Act, 1996 if any ‘Arbitration’ clause is stated in the agreement then the buyer can go for Arbitration. The cost of the case generally depends on the nature of the case and there is no fixed amount. Also, it is not necessary to hire a lawyer for the claim in Arbitration. It is less time-consuming as it takes merely 3 to 6 months to get the reward.

CONSUMER COMMISSION OF INDIA (CCI)-

According to the Competition Act 2002, if the buyer-builder has misused his dominant position leading to a disadvantage to the buyer, he/she can file a complaint in the Consumer Commission of India against the builder for the abuse of the dominant position. If after the investigation is done and the builder is found to be guilty of any anti-competitive practice he shall be fined huge penalties by the CIC. The CIC is very active in taking action against such builders and fining them. It amounts to approx. 5000 to file a complaint in CIC.

REGULATORY FORUMS-

Regulatory forums like Real Estate Regulatory Authority are true of great help to the aggrieved buyers as a consumer can file a complaint against the builder for not fulfilling the statuary obligations made by him in the builder buyer agreement. Under Section 31 of the Real Estate Act, 2016 the complaint can be filed against the builder or the buyer can file a criminal case in the criminal court along with the consumer complaint In the Consumer Forum. RERA is the new initiative by the Union of India and this ensures that the buyer gets the ownership on time as stated in the agreement. For this to happen in practicality, it is mandatory for the Real State Agency owner to get their company registered under this regulation and to have a separate bank account for the project initiated by the builders. The real usefulness of this initiative is yet to be ascertained.

CRIMINAL COURTS-

Under the Indian Penal Code, 1860 a buyer can file a criminal case against the builder for breach of contract, cheating the buyer or for not responding to the problems, poor quality of work, etc. Before this, the buyer has to send a notice to the builder and if no response is given the grieved buyer can approach the criminal court. This trial process works fast in court and if the builder shows no appearance non-bailable warrant can be issued against him. The filing fee of such cases depends entirely on the lawyer and the case but as such, no court fee is taken.

Smart consumers should always know what all remedies are present to help him/her in times of difficulty. Bad times never come up with warnings. For every fraud there is a remedy, awareness is key in such matters.

Best Property Lawyers in Gurgaon

 

Best Property Lawyers in Gurgaon 

In India, real estate investing is regarded as a safe and secure investment, but it may also be extremely risky if you don’t understand the Indian property law, rules, and regulations. Property law in India is complicated by the fact that several state governments and the federal govt all have their own land and property laws. Due to insufficient documentation, property verification, payment transaction structure, and license documents, real estate transactions in India can be complicated. We are regarded as one of India’s leading real estate law firms.

We assist clients by examining property chain documentation, a property title deed, calculating risk factors, checking litigation issues, and property registration services at sub-registrar offices. Our experienced lawyers are experts in drafting a variety of legal documents, including builder-buyer agreements,, sale deeds, general and special powers of attorney, lease deeds, and other contract-related forms.

Our office’s experienced lawyers provide comprehensive legal services for property matters. Our Lawyers resolve issues such as illegitimate possession, ancestral property settlement, siblings’ property disputes, harassment by builders, and family disputes over common property, land, and farms.

Our knowledgeable Real Estate Lawyers can help you with harassment cases involving brokers, property agents, landlords, and tenants.

Property Lawyer In Gurgaon

Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the  legal system and associated rights, and obligations thereon.

Kanchan Khatana and Associates is  providing extensive range of legal services and representation to Clients  in the field of Real Estate, Inheritance and Wills.

Property Lawyer In Gurgaon

The Firm holds expertise in dealing with intricate details which play a pivotal role in these disputes and matters.

The main aspects of the Law Firms expertise involve:

Real Estate Law

Includes all disputes and matters related to property and estate planning.

Builder Buyer Agreements

In case you entered into an agreement with a builder for an upcoming project and paid a huge sum for booking. Later on after the expiry of the period of the agreement, you realize that the builder has not completed the construction of the project and is not even ready to refund your amount. In such cases you have a legal right for the complete refund of your amount with an interest from the date of payment.

Property Lawyer In Gurgaon

Property Verification and Registration Services

It is important in today’s scenario to get the property that you aim to buy verified for a clear title.

We undertake complete due diligence of property and furnish a advice based on due diligence , which helps clients to make an informed decision.

Once the verification is completed , we assist clients with speedy and hassle free appropriate documentation and registration of property to effect transfer of rights on property .

Wills / Last Testament

Drafting and Preparation of a legally sound Will from all aspects.

Cases involving execution of a Will.

Cases involving fraudulent and suspicious fabrication of a Will.

Property & Real Estate Law

Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the  legal system and associated rights, and obligations thereon.

Property & Real Estate Law

Kanchan Khatana and Associates is  providing extensive range of legal services and representation to Clients  in the field of Real Estate, Inheritance and Wills.

The Firm holds expertise in dealing with intricate details which play a pivotal role in these disputes and matters.

The main aspects of the Law Firms expertise involve:

Real Estate Law

Includes all disputes and matters related to property and estate planning.

Builder Buyer Agreements

In case you entered into an agreement with a builder for an upcoming project and paid a huge sum for booking. Later on after the expiry of the period of the agreement, you realize that the builder has not completed the construction of the project and is not even ready to refund your amount. In such cases you have a legal right for the complete refund of your amount with an interest from the date of payment.

Property & Real Estate Law

Property Verification and Registration Services

It is important in today’s scenario to get the property that you aim to buy verified for a clear title.

We undertake complete due diligence of property and furnish a advice based on due diligence , which helps clients to make an informed decision.

Once the verification is completed , we assist clients with speedy and hassle free appropriate documentation and registration of property to effect transfer of rights on property .

Wills / Last Testament

Drafting and Preparation of a legally sound Will from all aspects.

Cases involving execution of a Will.

Cases involving fraudulent and suspicious fabrication of a Will.

Real estate attorney

Kanchan Khatana and Associates is a full service law firm, headquartered in India, while offering cutting edge blend of capabilities to corporations, individuals and international entities across the globe. We are distinguished not only by the depth and scope of our legal advisory services, but also by unmatched experience and international exposure that enables us to handle deals and cases of any size and complexity.

Real estate attorney

Over the years, we have built a reputation for high quality work, a positive outlook, and the highest standards of service and ethics. The Firm continues to expand and now, we have notably become the counsel of choice.

At Kanchan Khatana and Associates, providing effective and efficient assistance to our clients is our foremost aim. The clients benefit from our approach of viewing issues from both a business as well as a legal perspective; focusing on problem avoidance, not just problem solving. With a sophisticated understanding of changing business environment intersecting with law, public policy and technology, the Firm is positioned to protect and advance its clients’ business interests in the present era of globalization.

We have a highly qualified and responsive team comprising of young as well as senior legal professionals who have been recognised and honoured for their outstanding contributions in their respective areas of law. Our emphasis is on identifying the client’s needs down to the last detail, ensuring that our work is technically faultless and ultimately managing our projects to surpass our client’s expectations.

Our Firm represents varied clients Multinationals, Indian and Foreign Corporate bodies, and individuals in an array of matters.

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Real Estate Lawyer In Gurgaon

Real Estate Lawyer In Gurgaon

Real Estate Lawyer

Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the  legal system and associated rights, and obligations thereon.

Kanchan Khatana and Associates is  providing extensive range of legal services and representation to Clients  in the field of Real Estate, Inheritance and Wills.

The Firm holds expertise in dealing with intricate details which play a pivotal role in these disputes and matters.

The main aspects of the Law Firms expertise involve:

Real Estate Law

Includes all disputes and matters related to property and estate planning.

Builder Buyer Agreements

Real Estate Lawyer In Gurgaon

In case you entered into an agreement with a builder for an upcoming project and paid a huge sum for booking. Later on after the expiry of the period of the agreement, you realize that the builder has not completed the construction of the project and is not even ready to refund your amount. In such cases you have a legal right for the complete refund of your amount with an interest from the date of payment.

Property Verification and Registration Services

It is important in today’s scenario to get the property that you aim to buy verified for a clear title.

We undertake complete due diligence of property and furnish a advice based on due diligence , which helps clients to make an informed decision.

Once the verification is completed , we assist clients with speedy and hassle free appropriate documentation and registration of property to effect transfer of rights on property .

Wills / Last Testament

Drafting and Preparation of a legally sound Will from all aspects.

Cases involving execution of a Will.

Cases involving fraudulent and suspicious fabrication of a Will.