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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)
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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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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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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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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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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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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 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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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 TRANSFER OF SHARES IN FAVOUR OF THE LEGAL HEIRS OF THE DECEASED
This is a precedent of Public Notice issued by Co-operative Housing Society inviting objections, if any, before proceeding to transfer the shares held by the deceased member of the society in favour of the legal heirs of the deceased.
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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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GENERAL TERMS AND CONDITIONS OF SALE OF THE IMMOVABLE PROPERTY BY THE COURT RECEIVER
This is a precedent of General Terms and Conditions of Sale of the immovable property by the Court Receiver.
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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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