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RERA – COMPLAINT AGAINST DEVELOPERS /PROMOTERS FOR COMPENSATION FOR DELAY IN HANDING OVER THE POSSESSION OF THE UNIT AND FOR CONSEQUENTIAL RELIEFS
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This is a precedent of Complaint to be filed before the Real Estate Regulatory Authority under the provisions of The Real Estate (Regulation and Development) Act, 2016 (RERA) against the Developers/Promoters/Builders seeking possession of the Unit, flat, office, plot as also compensation for delay in handing over the possession and other consequential reliefs.
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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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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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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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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 INDEMNITY FOR ISSUANCE OF DUPLICATE SHARE CERTIFICATE BY THE CO-OPERATIVE HOUSING SOCIETY
This is the precedent of a Deed of Indemnity wherein the obligor makes an Application to the society for issuance of duplicate share certificate on account of the loss of the original share certificate in respect of the premises as detailed therein.
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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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LOCK OUT AGREEMENT
The parties intend to sell and buy the property/flat etc. However, the negotiations and finalization may take some time. Pending the same, they want to bind each other for the specific time to enable them to finalise the terms and arrive to the proper contract. This is a precedent of lockout agreement for the above purpose.
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TRANSFER OF A FLAT ON OWNERSHIP BASIS BY THE VENDOR TO THE EXISTING TENANT
This is a precedent of Deed of Transfer wherein the Vendor has agreed to sell, transfer and convey his rights, title and interest in the property mentioned therein to the Tenant Purchaser upon terms and conditions as detailed in the Deed.
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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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AN INSTRUMENT FOR PURCHASE OF A FLAT IN RESALE WHERE SOCIETY OR LIMITED COMPANY OR CONDOMINIUM IS YET TO BE FORMED
This is a precedent of an Instrument for Purchase of Flat in Re-sale wherein the Purchasers have agreed to purchase the Flat from the Vendor where the Society or Limited Company or Condominium is yet to be formed upon the terms and conditions as detailed in the Instrument.
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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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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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