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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 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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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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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 WHEREBY THE PARTNERSHIP FIRM IS TRANSFERRING THE UNIT IN THE SOCIETY TO THE RETIRING PARTNER
This is a precedent of Deed of Transfer wherein the Partnership Firm is transferring, conveying and assigning the Industrial Unit as mentioned therein to the Transferee being the Retiring Partner of the Partnership Firm 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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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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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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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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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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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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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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