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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 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 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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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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CONVEYANCE OF IMMOVABLE PROPERTY (ALONG WITH LETTER OF POSSESSION AND LETTER OF ATTORNMENT, IF ANY)
This is a precedent of Conveyance deed/Sale deed of an immovable property whereby the property (Land/Building) is being transferred and conveyed to the Purchaser.
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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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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
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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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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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 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 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 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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