posted by on Jan 20
An opaque infrastructure of divulging legal information keeps the vital information out of the reaches of those that need to find out them, rendering common people ignorant of laws especially. This coupled with the overall calm attitude of Indians regardless if they know in regards to the laws in position lend them in litigation issues.
A thought has additionally to become spared to the those who know about the rules, their implications and therefore are ready to adhere to them such as the possess the expertise for this.
Any property transaction it’s essentially based on the paperwork associated with it. Beginning with title deeds, sale agreement, tenancy agreement, contracts to tax compliance should be foolproof and without any loopholes. Drafting and scrutiny of property documents require professional articulation and also a keen eye to trap any loose ends to avoid litigation chances in future.
It really is logical that all property transaction involves a buyer and a seller. While selling real estate is more worried about the cash he’s going to pocket (and rightly so), a buyer may be the one that has to be alert and alert to what he could be getting into. Tracing the cause of the property, surveying its history over the years and also the current legal status should experience top of his list. Only after satisfying himself, should he enter a sales agreement, an itemized one, and acquire it duly authenticated. But it is not the case more often than not. This truth is reiterated by the amount of property cases stacking up in the courtroom.
Lacking regulations on his side has brought the purchaser to court in search of justice.
Moreover misinterpretation, unclear instructions, and non-disclosure of relevant information in documents like deeds (sales, gift, mortgage), will, agreements etc. leaves scope for litigation.
It really is evident hence that there are much scope for improvement of scrutiny and proper drafting of various property documents.
There is hardly any specific area where litigation will most likely arise or areas which are foolproof against it. It could be in connection with the title, non-conformance with the agreements and its particular terms, sidelining laws in property transfer, non-execution of Will and a host of other possibilities. When a dispute arises the initial attempt must be to settle the difficulty outside court because the Indian legal system is infamous for dragging cases for many years on end. This may not just restrict using that subjudice subject matter but in addition take lots of resources with the litigants.
To make certain peace of mind and optimum performance of transaction it’s a given that the immaculate and impeccable groundwork before pursuing property transactions is necessary. As well as for this, you need to always seek the services of essentially the most technically correct segment of the society: lawyers.
Have law by your side and deal confidently: here is the mantra of this perfect property transaction!