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Encumbrance Clearance During Due Diligence: A Legal Perspective, Schemes and Mind Maps of Law

Rajiv Gandhi National University of LawLaw

covers topics related to real estate law

Typology: Schemes and Mind Maps

2022/2023

Uploaded on 04/22/2023

shikhar-mittal-1
shikhar-mittal-1 ๐Ÿ‡ฎ๐Ÿ‡ณ

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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
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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

๏ƒ˜ (^) INCREASING SCOPE OF REAL ESTATE SECTOR ๏ƒ˜ (^) IMPORTANCE OF DUE DILIGENCE ๏ƒ˜ (^) INTRODUCTION TO ENCUMBRANCE REMOVAL STAGE ๏ƒ˜ (^) PURPOSE OF ENCUMBRANCE CLEARANCE

ENCUMBRANCES AND ITS TYPES

๏ƒ˜ DEFECT IN TITLE OF PROPERTY

๏ƒ˜ TYPES

  1. Easement
  2. Encroachment
  3. Lease
  4. Lien
  5. Mortgage
  6. 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

๏ƒ˜ (^) ENCUMBRANCE CLEARANCE: A TIRESOME PROCESS ๏ƒ˜ (^) LACK OF ANY CENTRAL NODAL AGENCY ๏ƒ˜ (^) REQUIRES FULL SEARCH ๏ƒ˜ (^) LOOPHOLES IN EXISTING SYSTEM

๏ถ SUGGESTIONS

๏ƒ˜ (^) DIGITALIZATION OF NEW RECORDS ๏ƒ˜ (^) FAST TRACK LITIGATION, ADR MECHANISMS TO BE FOLLOWED ๏ƒ˜ (^) REDUCING BURDEN OF STAMP DUTY ๏ƒ˜ (^) REDUCTION IN REGISTRATION COST OF PROPERTY