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Karan S. Thukral: India's Top Property Lawyer and Real Estate Solicitor Based in Delhi
Thukral Law Associates is an award-winning law firm providing an extensive range of legal services and representation to clients from different countries in the field of Real Estate, Inheritance, and Wills. From TLA, you can hire a real estate lawyer, property lawyer, or land lawyer in India who will put their core into extracting strong evidence for your case and help you get clearances easily.
The firm holds expertise in dealing with intricate details that play a key role in these disputes and matters. Karan S. Thukral, along with a team of experienced lawyers, is licensed to represent you as an Advocate before all Courts in India, including the Hon’ble Supreme Court, making them trusted for matters requiring a Will Probate Lawyer in Delhi, a Family Property Dispute Lawyer, or a Property Law Solicitor in India.
Karan S. Thukral - Specialist in Property Law, Real Estate, Intellectual Property, and Family Property Disputes in India
Karan S. Thukral is the beacon of trust for people who want to resolve issues they got trapped in, especially real estate ones. Problems including RERA non-compliance, builder or developer claims, property transfer, partition of property, etc., are something the advocate specializes in. Karan S. Thukral is a professional real estate lawyer, property lawyer in India, and holds huge expertise in this domain. We keep a keen eye towards new developments in the recent amendments and provisional changes in the real estate laws and try to adopt them at the earliest to serve that part of society, who is a chief beneficiary but currently standing at the opposite point. Apart from this, the nature of cases that he has handled makes him the best real estate lawyer in pan India.
Real Estate Legal Services by Thukral Law Associates
Real Estate Services
Transfer of Property
Partition of Property
Builder/Developer Claims
Landlord & Tenant Disputes
Property Fraudulent Transfer
Illegal Property Grabbing
Title Documents Search
Property Management (Security, Tenancy, Possession)
Construction Law (Builder Buyer Disputes, Collaboration Agreements)
Agricultural Law (Land Acquisition)
Real Estate Law
Sale and Purchase of Property
Mutation Without Probate
Probate (Wills, Inheritance Disputes, Forged Will Cases)
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Real Estate Laws in India
Real estate laws in India encompass various legislations, regulations, and guidelines that govern the buying, selling, leasing, and development of properties. The primary laws include:
Key Real Estate Laws in India
Transfer of Property Act, 1882
Regulates the transfer of property in India, including sale, mortgage, lease, and exchange. It lays down the procedures and rights of parties involved in property transactions.
Registration Act, 1908
Mandates the registration of documents relating to the transfer, sale, lease, or mortgage of immovable property to provide public notice and prevent fraud.
Indian Contract Act, 1872
Governs the contractual agreements between parties involved in real estate transactions, ensuring that contracts are legally binding and enforceable.
Real Estate (Regulation and Development) Act, 2016 (RERA)
Aims to protect home buyers and boost investments in the real estate sector by establishing the Real Estate Regulatory Authority for regulation and promotion of the real estate sector.
Stamp Duty Act
Imposes a tax on legal documents, typically required for the legal recognition of real estate transactions.
Key Steps in Property Transactions
1. Title Verification
Ensuring clear and marketable title is crucial before purchasing a property. It involves examining the history of ownership and verifying that the seller has the right to sell the property.
2. Due Diligence
This includes verifying land use permissions, approvals from various authorities, checking for any encumbrances or litigation, and ensuring compliance with local zoning laws.
3. Sale Agreement
A vital document outlining the terms and conditions of the sale. It includes details like the sale price, payment schedule, possession date, and obligations of both parties.
4. Registration
The sale deed must be registered with the local sub-registrar's office. Registration provides legal validity and protects against potential disputes.
5. Stamp Duty and Taxes
Buyers must pay stamp duty and registration fees, which vary by state. Additionally, property transactions may attract capital gains tax, depending on the holding period and type of property.
6. Home Loans and Mortgages
Many buyers finance their property purchase through home loans. Understanding the legal aspects of mortgages, including interest rates, repayment terms, and foreclosure norms, is essential.
Role of RERA
The Real Estate (Regulation and Development) Act, 2016, has been a game-changer in the Indian real estate sector. It aims to enhance transparency, accountability, and efficiency in real estate transactions. Key provisions include:
1. Registration of Projects: Developers must register their projects with the Real Estate Regulatory Authority before advertising or selling. This ensures that all necessary approvals are in place.
2. Project Details: Developers must provide detailed information about the project, including land status, layout plan, schedule of completion, and other relevant details. This information is made available on the RERA website for public access.
3. Escrow Account: Developers are required to maintain 70% of the project funds in a separate escrow account, ensuring that the money is used solely for the construction of the project and not diverted elsewhere.
4. Grievance Redressal: RERA provides a mechanism for homebuyers to lodge complaints against developers for non-compliance or delays. The authority has the power to impose penalties and order compensation.
5. Timely Delivery: Developers are bound to adhere to the project timelines as specified in the agreement. Delays can lead to penalties and compensation to buyers.
Common Legal Challenges in Property Matters
Navigating property-related legal issues requires an understanding of potential challenges. Below are some common legal challenges and ways to address them:
1. Encumbrances: Properties with existing mortgages, liens, or legal disputes can lead to complications. Conducting thorough due diligence helps identify and resolve such issues.
2. Fraudulent Transactions: Instances of forgery, misrepresentation, and unauthorized sales are not uncommon. Verifying the authenticity of documents and parties involved is essential to avoid fraud.
3. Breach of Contract: Disputes may arise if either party fails to fulfill contractual obligations. Legal recourse through arbitration or court proceedings may be necessary.
4. Land Acquisition: Government acquisition of land for public purposes can affect property ownership. Understanding the legal framework and compensation mechanisms is important.
5. Tenant-Landlord Disputes: Leasing properties can lead to conflicts over rent, maintenance, and eviction. The Rent Control Act and other local laws provide guidelines for resolving such disputes.
The Court Process for Property Disputes
Resolving property disputes involves a structured legal process to ensure justice and fairness. Below is an overview of the key steps involved:
Filing a Case: The initial step in resolving a real estate dispute is filing a case in the appropriate court. This involves drafting a plaint outlining the facts and legal grounds of the dispute.
Service of Summons: Once a case is filed, the court issues a summons to the defendant, requiring them to appear in court and respond to the allegations.
Submission of Written Statements: The defendant submits a written statement, presenting their side of the story and any counterclaims.
Framing of Issues: The court identifies the key issues that need resolution based on the plaint and written statement.
Evidence Stage: Both parties present evidence, including documents and witness testimonies, to support their claims.
Arguments: Lawyers for both sides present their arguments based on the evidence and applicable laws.
Judgment: The court delivers its judgment, which can include orders for possession, compensation, or other remedies.
Appeal: If dissatisfied with the judgment, parties can appeal to higher courts, such as the High Court or Supreme Court, depending on the case's merits.
Why is the Real Estate Sector in India so much into the national scene?
The real estate sector is no less than a sunrise considering the population of India, which will overpass China in the next few years. Catering to such a huge population with basic amenities like a house is an essential task. The Central Government has been working consistently with the aim of "Housing for All" under its flagship program - PMAY (PradhanmantriAwasYojana). Apart from this, there is a consistent effort towards strengthening the Model Tenancy Act. As per some estimates, the real estate market will cross the business of $ 1 trillion by the end of this decade. Hence, around 2025 or 2026, the real estate sector will contribute to 13% of India's GDP.
How should a Property Lawyer perform?
A real estate Solicitor in India, once registers the requirements of their clients needs to get ready with thorough paperwork. When it comes to properties, paperwork is one of the crucial elements. If the paper is related to the transfer of property, the lawyer has to assess the purchase agreement to ensure that the client does not have any risk in purchasing the same property. In the case of property purchase, the lawyer must also evaluate that there is a legal financial transaction, along with the details of it to showcase it in the court. Apart from this, a property dispute lawyer also has to check whether the seller is providing insurance policy papers to the sellers or not.
Conclusion
Navigating the complexities of real estate laws in India requires a thorough understanding of the legal framework and meticulous attention to detail. At Thukral Law Associates, we are committed to providing expert legal assistance to ensure that your real estate transactions are secure, compliant, and hassle-free. Whether you are buying, selling, leasing, or developing property, our team of experienced lawyers is here to guide you through every step of the process.
