INDIA SHINING Legalities and safeguards in Real Estate
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Transcript INDIA SHINING Legalities and safeguards in Real Estate
PARIMAL
K. SHROFF
& CO
Advocates, Solicitors & Notary
Mumbai, India
What is TITLE?
The concept of MARKETABLE TITLE.
The covenant “free from encumbrances”
in the standard Conveyance.
The duty of disclosure on the part of the
Seller under the law.
The Right of Title in India.
What amounts to deducing the Title?
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DUE DILIGENCE
What is Due Diligence ?
Due Diligence on the OWNERSHIP.
Due Diligence on the OWNER.
Due Diligence on the TRANSACTION.
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TYPES OF DUE DILIGENCE
Procedural Due Diligence
Accounting Due Diligence
Corporate Due Diligence
Environmental Due Diligence
(CRZ /Mangroves)
Structural Due Diligence
Planning Regulation Due Diligence
Development Potential Due Diligence
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TITLE DUE DILIGENCE
STATUTORY DUE DILIGENCE
REGULATORY DUE DILIGENCE
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DUE DILIGENCE- When AGREED upon
DUE DILIGENCE - When document is
SILENT
.
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TERMS TO BE PROVIDED IN THE
AGREEMENT REGARDS TITLE
Production of Title Deeds
How Title is to be made out?
What Title is to be made out?
Whether it is to the satisfaction of Advocate of
Purchaser?
Provision for answering requisitions
Time for answering requisitions
Acceptance and Rejection of Title
Rescission Clause of the Vendor or Purchaser
Refund of monies received by the Vendor
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DUE DILIGENCE in case of:
Private Limited Company
Public Limited Company
HUF
Partnership Firm
Membership of Cooperative Society
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Individual with matrimonial dispute
Minor
Person of unsound mind
Lady as Vendor
Association of Persons
Company in liquidation
Cooperative Society
Contd. .. 9
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Government Body for government as Vendor
Government Land
Municipal Land
Grant Land
Agricultural Land
Listed Properties
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IMPORTANCE / NECESSITIES OF :
Public Notice
Searches in the office of Sub-Registrar
of Assurances
Revenue Records
Municipal Record
Tax Due Diligence
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THANK YOU
PARIMAL
K. SHROFF
& CO
Advocates, Solicitors & Notary
Mumbai Office:
Rustom Building, 29, Veer Nariman Road,
Fort, Mumbai 400 023, INDIA
Phone: 22023297 / -3317/ -3411
Fax: 22024051
Email: [email protected]