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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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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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DEED OF TRANSFER OF A FLAT WHERE THE BODY OF THE FLAT PURCHASERS IS YET NOT FORMED AND THE HOUSING LOAN AVAILED BY THE TRANSFEROR IS ALSO TO BE DISCHARGED
The Transferor has purchased the Flat in the Real Estate Project/Building from the Developer. The Transferor has also availed housing loan from the Bank. The body of all the Flat Purchasers is yet not formed. The Transferor desires to sell the Flat and simultaneously desires to discharge the liability of the Bank. 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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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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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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AGREEMENT TO FORM A PRIVATE LIMITED COMPANY FOR JOINT DEVELOPMENT OF AN IMMOVABLE PROPERTY
This is a precedent of an Agreement to form a Private Limited Company for joint development of an Immovable Property for the purposes of Shareholding, Directorship and Management of the Company upon terms and conditions as detailed in the Agreement.
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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 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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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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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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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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CONVEYANCE OF IMMOVABLE PROPERTY BY A LEGAL GUARDIAN/MANAGER OF A LUNATIC
This is a precedent of Conveyance of Immovable Property (Land and the building) whereby the property of the Lunatic/person of unsound mind is being sold by the legal guardian and manager appointed by the Court and with the sanction of the court.
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AGREEMENT FOR SALE OF A FLAT IN A CO-OPERATIVE HOUSING SOCIETY
This is a precedent of an Agreement for Sale of a Flat in a Co-operative Housing Society wherein the Transferee has agreed to purchase Flat from the Transferor upon terms and conditions as detailed in the Agreement.
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