Without valid documents, Mumbai flat owners face issues in redevelopment, sale, or inheritance. Nomination alone doesn’t ensure legal ownership.
Understand the function and importance of including a residuary clause in a will to cover unlisted or later-acquired assets and prevent partial intestacy.
Registering a will is optional. It aids against fraud claims but doesn’t stop challenges or alter proof requirements, unlike other registered documents.
Learn how to prove a will in India when attesting witnesses are deceased, untraceable, or incapable of giving evidence, as per Section 68 of the Bhartiya Sakshya Adhiniyam.
Discover the crucial steps a seller’s lawyer takes in ensuring a smooth property sale, from providing vital documents to negotiating terms, protecting the seller’s interests.
Learn what Floor Space Index (FSI) is, how it’s calculated, its importance in real estate, and its link to development rights like TDR.
Understand the difference between rights in rem and rights in personam. Learn how these legal concepts protect interests and enforce obligations.
Many residential and commercial properties in Maharashtra are occupied on ‘pagdi’ or tenancy basis. Questions that naturally arise are whether such premises can be sold, whether the landlord can lawfully claim payment of ‘pagdi’, what happens to the tenancy rights after the original tenant’s death, whether such tenancy rights can be bequeathed by way of will, etc.
Section 4 of the Maharashtra Apartment Ownership Act, 1970 states that an apartment owner may transfer his apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever or by way of bequest (Will).
Over the years, many Indians have settled overseas. As a result, they have assets in India and abroad. Having assets in multiple jurisdictions can become difficult to manage and therefore, many prefer to streamline their assets by gradually disposing off their assets situated in India, over time.