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DEED OF DECLARATION TO BE SUBMITTED BY OWNER/S AND THE PROMOTER/S AS PER SECTION 2 OF THE MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970
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This is a Deed of Declaration to be submitted by the Owners/the Promoters as per Section 2 of the Maharashtra Apartment Ownership Act, 1970 to effectively transfer the land and building in favour of Condominium/various Purchasers under the said Act. (FOR STATE OF MAHARASHTRA)
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TRANSFER OF A FLAT BY THE VENDOR TO A THIRD PARTY ON OWNERSHIP BASIS SUBJECT TO THE RIGHTS OF AN EXISTING TENANT
This is a precedent of Deed of Transfer wherein the Transferor has agreed to sell, transfer and convey subject to the tenancy possession and other rights of the Tenant and upon terms and conditions as detailed in the Deed.
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REQUISITIONS BY THE PURCHASER ON THE VENDOR’S TITLE TO THE PROPERTY
When an immovable property is being purchased, the Purchaser and/or his advocate raise requisitions on the Vendor’s title to the property. This is a standard precedent of requisition on the Vendor’s title to the property.
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DEED OF TRANSFER OF A FLAT FROM EXECUTOR TO LEGATEE
This is a precedent of Deed of Transfer wherein the Executor of the Probated Will of the Deceased is formally transferring the property mentioned therein to the Beneficiary/Transferee upon terms and conditions as detailed in the Deed.
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DEED OF SALE OF MOVABLES
This is a precedent of Deed of Sale of Movables executed between the parties wherein the Seller has agreed to sell and the buyer has agreed to purchase the movables as mentioned therein upon terms and conditions as detailed in the Deed.
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CONVEYANCE OF IMMOVABLE PROPERTY FROM EXECUTOR TO LEGATEES
This is a precedent of Deed of Conveyance whereby the Executor of the proved Will of the deceased is transferring the immovable property (Land & Building) in favour of the legatees/beneficiaries as provided under the Will.
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DEED OF TRANSFER OF AN IMMOVABLE PROPERTY FROM EXECUTOR TO LEGATEE
This is a precedent of Deed of Transfer of an immovable property by Executor to Legatee under the will. The deceased has died leaving a Will (which is probated) under which the particular property is to be transferred to the legatee.
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ACCOUNTABLE RECEIPT
Pending the Completion of Sale of an Immovable property, the Advocate for the Purchaser of the property receives the original title deeds for verification. This is the precedent of an Accountable receipt to be issued by the Advocate for the Purchaser.
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DEED OF TRANSFER OF FLAT PURCHASER’S RIGHT UNDER THE AGREEMENT WITH THE DEVELOPERS TO PURCHASE THE FLAT IN AN UNDER CONSTRUCTION BUILDING
This is a precedent of a Deed of Transfer of Flat Purchaser’s right under an Agreement with the Developers in an under construction building wherein the Purchasers after verifying the title of the Vendors under the Agreement for Sale as mentioned therein are desirous of purchasing the Flat upon terms and conditions as detailed in the Deed.
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DEED OF TRANSFER OF AN APARTMENT UNDER THE PROVISIONS OF THE MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970
This is a precedent of Deed of Transfer of an Apartment under MAOA between the parties to record the agreement arrived at between them and completes the transaction upon the terms and conditions as detailed in the Deed.
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PUBLIC NOTICE BY INTENDING PURCHASERS OF AN IMMOVABLE PROPERTY
The Purchaser of an immovable property to show his bonafide issues Public Notice in the newspapers making his intention to buy the property public and inviting claims and objections. This is the Public Notice by Intending Purchaser of an immovable property.
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PUBLIC NOTICE FOR INVESTIGATING THE TITLE OF THE PROPERTY
The Purchaser of an immovable property issues Public Notice in the newspapers inviting claims and objections. This is the precedent of Public Notice for investigating the title of the property.
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THE DECREE/ JUDGMENT PASSED IN APPEAL COURT SUBORDINATE TO HIGH COURT/APPELLATE TRIBUNAL UNDER RERA CAN BE CHALLENGED BY WAY OF A SECOND APPEAL BEFORE THE HIGH COURT (SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908)
The Decree/Judgment passed by any Appellate Civil Court in the appeal which Court is sub ordinate to High Court can be challenged by way of a Second Appeal before the High Court. This is a precedent of Second Appeal to High Court under Section 100 of Code of Civil Procedure, 1908. This precedent will be also helpful for an Appeal to High Court under Section 58 of The Real Estate (Regulation and Development Act, 2016 (RERA).
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