ENCUMBRANCE CLEARANCE
DURING DUE DILIGENCE
ENCUMBRANCE CLEARANCE
DURING DUE DILIGENCE
PRESENTED TO-:
Dr. Gurmanpreet Kaur
(Assistant Professor
of Law
REAL ESTATE AND ENERGY LAW
PROJECT
PRESENTED BY-:
Shikhar Mittal
R.No.- 18174
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Encumbrance Clearance During Due Diligence: A Legal Perspective, Schemes and Mind Maps of Law
covers topics related to real estate law
Typology: Schemes and Mind Maps
2022/2023
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ENCUMBRANCE CLEARANCE
DURING DUE DILIGENCE
ENCUMBRANCE CLEARANCE
DURING DUE DILIGENCE
PRESENTED TO-: Dr. Gurmanpreet Kaur (Assistant Professor of Law
REAL ESTATE AND ENERGY LAW
PROJECT
PRESENTED BY- Shikhar Mittal R.No.- 18174
INTRODUCTION
(^) INCREASING SCOPE OF REAL ESTATE SECTOR (^) IMPORTANCE OF DUE DILIGENCE (^) INTRODUCTION TO ENCUMBRANCE REMOVAL STAGE (^) PURPOSE OF ENCUMBRANCE CLEARANCE
ENCUMBRANCES AND ITS TYPES
DEFECT IN TITLE OF PROPERTY
TYPES
- Easement
- Encroachment
- Lease
- Lien
- Mortgage
- Restrictive Covenant
ISSUES INVOLVED IN ASCERTAINING ENCUMBRANCE
- (^) COMPLEX NATURE OF LAWS
- (^) NOT EVERY DOCUMENT IS REGISTERED
- (^) AGRICULTURAL LAND THAT IS BOUGHT BY NON- AGRICULTURISTS
- (^) SC/ST LANDS ALIENATED TO NON SC/ST
- (^) HUF LAND
- (^) COMPLEXITY IN ASCERTAINING LIENS ON PROPERTY
CONCLUSION AND SUGGESTIONS
(^) ENCUMBRANCE CLEARANCE: A TIRESOME PROCESS (^) LACK OF ANY CENTRAL NODAL AGENCY (^) REQUIRES FULL SEARCH (^) LOOPHOLES IN EXISTING SYSTEM
SUGGESTIONS
(^) DIGITALIZATION OF NEW RECORDS (^) FAST TRACK LITIGATION, ADR MECHANISMS TO BE FOLLOWED (^) REDUCING BURDEN OF STAMP DUTY (^) REDUCTION IN REGISTRATION COST OF PROPERTY