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RERA – COMPLAINT AGAINST DEVELOPERS/PROMOTERS FOR REFUND OF AMOUNT ALONGWITH INTEREST/COMPENSATION
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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 refund of amount paid along with interest/compensation.
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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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CONVEYANCE OF IMMOVABLE PROPERTY BY AN ADMINISTRATOR OF THE ESTATE OF THE DECEASED IN FAVOUR OF THE PURCHASERS
This is a precedent of Deed of Conveyance whereby the Administrator of the estate of the deceased appointed by the Competent Court is transferring the immovable property (Land & Building) with the confirmation of the legal heirs of the deceased in favour of the Purchasers.
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MEMORANDUM OF UNDERSTANDING FOR SALE OF A FLAT
The Vendor is the Owner of a resident flat which he intends to sale to the Purchaser on the agreed terms. This is a precedent of Memorandum of Understanding (MOU) whereby the Vendor has agreed to sale the flat on agreed terms.
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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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DEED OF APARTMENT UNDER THE PROVISIONS OF THE MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970
This is a precedent of Deed of Apartment under MAOA between the parties wherein the Owner/Promoter transfer, convey and assign the property as mentioned therein to the Purchasers 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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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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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 WITH AUTHORITY TO DEVELOP
The Vendor is the Owner of an Immovable property, who has agreed to sale the same to the Purchaser with authority to develop. This is the precedent of an Agreement for Sale of freehold property with authority to develop the same.
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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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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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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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