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Legal Base for Land Developers and Builders

Legal Base for Land Developers and Builders

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11/05/2012

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INDIAN LAW GOVERNING
 
PROPERTYPURCHASE IN BANGALORE.
 
(Useful article for global real estate investors entering silicon cityBangalore)
 
WRITTEN BY:
 
SRIDHARA BABU.N
ADVOCATE
 
LEGAL DOCUMENTATIONS
 
G.K.ROAD, K.R.EXTENSION
 
TUMKUR-572101
 
KARNATAKA - INDIA
 
MOB: 9880339764
 
 
 
Today property investment in Bangalore is witnessing so many legal hurdles andlitigations snatching the peace of investors. Only those investors who are able to getgood service of legal professionals are successful in their projects but many developers
 
and construction companies are lacking able legal professional’s services to avoidmany legal battles.
 
In legal subject no one is complete, his experience with the subject, constant touch,reference of law books, updating with the day today affairs, practical experience withlaw enforcing agencies, skill of finding legal solutions by appropriate legal base, skillof reading and writing, skill of communication rather than quarrelling attitude, skillof confidence rather than over confidence, skill of handling complex matters withdiscussion, makes an advocate an expert in the field.Advocates experience certificates and other marks scoring certificates are nothing todo with his practical life. He should be a jack of all but master of legal reading andwriting. A practically expert advocate is having no time to sit here and there waitingfor a client to come; he will have good habit of reading in his all leisure and workingtime.
 
Advocacy in real estate transactions
 
In these days advocacy is being degraded with persons having no sense of independentthoughts. Copying techniques are used by many without in-depth analysis of the facts.Analysis of facts and application of law to it to avoid adverse consequences, sixth senseforecasting ability to assume adverse consequences and having base for it throughdrafting are the things present advocacy is needed in the competitive world of realestate.
 
It is not enough to have procedural aspects of registration and stamp duty to surviveas an advocate in real estate. Advocacy in real estate needs thorough knowledge of likely disputes that may arise in the transactions, Hindu Law, Muslim personal law,Transfer of property act, Difference in joint family property/ ancestral property/ self acquired properties, Law of specific Relief, Law of contract, Law of business affectingfamily properties, Land revenue provisions affecting land purchases, Land reformsprovisions affecting land purchases, Land acquisition laws, SC/ST provisions likePTCL ACTS, High Court and Supreme Court rulings and interpretations on variouslegal subjects affecting property matters, Country and Town planning law, Lawgoverning Urban development authorities, Comprehensive development plans(CDP),Outline Development Plan(ODP), Master plan as being currently prepared byBMRDA and under preparation by other authorities, Land grant rules affectingtransfer of granted lands, Consequence of each line of words in title deeds and otherdocuments, Law governing Rectification of wrongs in title through legal way, Lawgoverning Rectification of documentary wrongs in a legal way, Law governingevidentiary value of documents, Law governing all rights over the property by severalpersons, Law of encumbrance and charges, Law of mortgages and its long timeconsequences, Law governing limitations within which disputes may have arisen, Law
 
governing criminal consequences involved in property transactions, Law governingmatrimonial responsibilities affecting properties, Law governing fiduciaryresponsibilities affecting properties, Law governing Conversions and Zoningregulations, Law governing Municipal and Local authorities related to properties,Law governing Trees, environment, ground water utilization, possession etc etc etc.There is no end in the list.
 
Case law:-
 
SOME OF THE CASE LAW AND PROVISIONS
 
GOVERNING PROPERTY IN KARNATAKA:-
 
1. In regard to sc/st lands granted by government on condition restrictingalienation, any transfers made even after the restricted period is declared as void.Government permission is necessary for such transfers. This law is laid down bykarnataka High court in a case of Narayan parameshwar naik and others vs Deputycommissioner karwar and others 1999(6) KarLJ 244.
 
2. Only lands granted with restriction on alienation are covered under PTCL ACT1978.
 
3. Land granted to a person not belonging to sc/st at the time of grant and if bysubsequent notification caste is added to sc/st group. Such lands also attract PTCLACT. T.M. Rangaiah &another vs The AC Tiptur. 2002(5) KarLJ.188B.
 
4. Land in respect of which occupancy right is conferred under Land reforms act asa tenant to an sc/st person. Such conferment of occupancy right is not a granted land.Mohammed Jaffar and another vs State of Kar &Others 2003(1)KarLJ 337 (FB).
 
5. Under PTCL ACT exchange or gift in favour of relative is also prohibited.Siddalingaiah vs State of Kar 1988(3) KarLJ sh.N. 13.
 

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