- Civil Cases such as Property Litigations, Specific Performance cases, Specific Relief Act cases and all other civil litigation.
- Criminal cases such as Cheque Bounce cases, private criminal cases.
- Arbitration Litigations
- Consumer cases
- Sarfaesi, DRT, Arbitration, Execution proceedings, vetting of complex legal documents and mortgages, managing litigations at the various courts and tribunals etc. in respect of Bank recovery in Debit recovery Tribunal.
- Family Matters like domestic violence cases, divorce cases, maintenance matter of wife, child, custody of child matters and many more.
- National Green Tribunal matter in respect of environment issues.
Title Search/Verification
Search Report
In all property transactions, it is essential to subject all related documents to rigorous scrutiny and verification by a qualified expert in order to ensure that the property has a clear and marketable title. To begin with, a prospective investor needs to establish whether the property on offer is leasehold or freehold, and whether it is fully or jointly owned. Next, the documents creating interest in the property – namely the title papers must be reviewed.
Depending on the nature of the property or proposed transaction, these include the Sale Deed, Lease Deed, Conveyance, Development Agreement and the documents establishing the chronological chain or ownership. The primary intention behind the search is to establish how the owner acquired the property and what kind of rights he or she has over it.
Other documents to be checked are the property Card (if available), the 7/12 extract and the Index II. Further a prospective investor needs to establish whether all the above documents are purely registered in Government records, along with any encumbrances such as mortgage and pending litigation.
How a title search is conducted?
All advocates issues a true certificate after conducting a search on the title of the property that is intended for purchase. This Search will encompass the chain of Sale/Conveyance agreement, property card, 7/12 extract, Index II and records in the sub registrar’s office. The title certificate state that the property is unencumbered and has clear, marketable title.
Also to be included in a thorough the search are aspects indicating ‘right of adverse possession’, which means that any person physically holding the property without dispute from the true owner can claim the right of ownership. All this considered, it is advisable to conduct a 30-year title search, or at least a 12 year search.
Notice
Public Notice –
Before purchased the Public Notice is required the scrutinized the title of the owner. Merely giving a Public Notice and not receiving claims from any person will not bind those who may be real claimant if there not aware of Public Notice. In case of any dispute arise in the Immoveable Property such Public Notice will support for the same. It is very bonafide to a Purchase for a value without Notice of such a claim.
Though it is not mandatory, there are sometimes reasons for doubt about a resale property or a piece of land with a long history of ownership. In such cases, the intending purchaser or his advocate often issues public notices – one in English and the other in the local language of the State – Stating that the purchaser or his client has agreed to purchase or negotiate for the purchase of a property from a named vendor. This invites counter-claims in the form of mortgage, charge, lease, lien, easement, gift, trust etc. against the property to be notified to the buyer or his advocate within a specified time (normally 14 days) with supporting documents.
However, it must be noted that merely giving Public Notice and not receiving claims from any persons will not bind those who maybe real claimant if they were not aware of the Public Notice. In case of dispute, such Public Notice will support the buyer’s contention that he is a bonafide purchaser for value without notice of such claim.
For a purchase or lease of real estate of self-occupation as a home or commercial premises, or as an investment, various factors need to be considered beyond the price and location. In the case of properties in new projects by reputed developers, there is no reason to be too stressed about this. However, it can and often does become necessary while purchasing a resale property. One of the most important aspects to verify is the title of such a property.
The title verification process should actually begin even before an actual check of documents. For instance, if a person or entity offers a property at a rate which is below the going market value, it is definitely a signal for caution. Owners of property with complicated or defective titles will attempt to pressurize interested parties to buy the asset at short notice by offering a very low price as advertisement.
Legal Notice
Section 80 of CPC provides issue of Legal Notice prior suing Section 138 of Negotiable Instrumentation Act, its mandatory to send a Cheque bounce Notice before knocking on the Courts door.
Legal Notice can be received in the name of Person, Company or any other entity Legal Notice is send in almost all the matters before approaching the Court. A Legal Notice is merely a Warning which least dawn the condition to be followed by a receiver that non fulfillment of the condition of the Legal Notice, he will have to face a Legal Notice intended by the sender of the Legal Notice.
The Law only prescribed the time limit to send a Legal Notice in some cases such as in the case of cheque bounce it has been mandated by the Law to send a Legal Notice within 13 days from the date of Dishonored of Cheque. If the reply to the Notice is undelivered it will not be assumed that No Reply of the Legal Notice has been made. The Legal Notice must be send by Registered A.D.
Affidavits
Affidavits mean written statement confirmed by Oath and affirmation for use as evidence. In a Court of Law it is Self Declaration writing on a Stamp Paper before a Notary Public.
There are several of types of Affidavits viz. Change of Address, Name, Age, Surname, Legal Ownership, Bonds, Bank Affidavits, Loss of Documents, Receipts and Affidavit for the Legal heirs of Decease, Marriage Affidavits, and Indemnity Bonds etc.
