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RERA – APPEAL TO APPELLATE TRIBUNAL AGAINST THE ORDER OF MEMBER/ADJUDICATING OFFICER
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This is a precedent of an Appeal to be filed before The Real Estate Appellate Tribunal against the Order of member/adjudicating officer under the provisions of The Real Estate (Regulation and Development) Act, 2016 (RERA).
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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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AGREEMENT FOR SALE OF IMMOVABLE PROPERTY
The Vendor is the Owner of an Immovable property, who has agreed to sale the same to the Purchaser. This is the precedent of an Agreement for sale.
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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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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 BY CO-OPERATIVE HOUSING SOCIETY FOR ISSUING DUPLICATE SHARE CERTIFICATE
This is a precedent of Public Notice issued by Co-operative Housing Society inviting objections, if any, before proceeding to issue duplicate Share Certificate to the member of the Society.
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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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DEED OF TRANSFER WHEREBY THE PARTNERSHIP FIRM IS TRANSFERRING THE UNIT IN THE SOCIETY TO THE RETIRING PARTNER
This is a precedent of Deed of Transfer wherein the Partnership Firm is transferring, conveying and assigning the Industrial Unit as mentioned therein to the Transferee being the Retiring Partner of the Partnership Firm upon terms and conditions as detailed in the Deed.
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CONVEYANCE OF IMMOVABLE PROPERTY BY A LEGAL GUARDIAN OF A MINOR
This is a precedent of Conveyance of Immovable Property (Land and the building) whereby the property of the minor is being sold by the legal guardian of the minor appointed by the Court.
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DEED OF TRANSFER OF A FLAT WHERE THE BODY OF THE FLAT PURCHASERS IS YET NOT FORMED
The Transferor has purchased the Flat in the Real Estate Project/Building from the Developer. The Transferor has not availed any housing loan from the Bank. The body of all the Flat Purchasers is yet not formed. The Transferor desires to sell the Flat. This is the precedent of Deed of Transfer for the same. This precedent can be used for commercial premises also with suitable changes.
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DEED OF TRANSFER OF A FLAT IN A CO-OPERATIVE HOUSING SOCIETY
This is a precedent of a Deed of Transfer for purchase of a Flat and to record the agreement arrived at between the parties and to complete the transaction.
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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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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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