Execution of the sale deed is technically the concluding part of property-purchase process. After a buyer and a seller reach an agreement, they first execute an agreement to sell, a document that sets the terms and conditions based on which the future transaction will take place. The creation of the agreement to sell means terms have been placed for the transaction while the creation of sale deed means the purchase has completed. As mentioned in the agreement to sell, the two parties have to conclude the sale within a set period after executing the agreement to sell.
Now, let us see what all a sale deed consists of and how it is executed
Calculate stamp duty, buy non-judicial stamp paper
All the details pertaining to the transaction would be typed on non-judicial stamp papers — stamp papers that are used for execution of deeds are known as non-judicial stamp papers while the ones used to pay a fee to the court are known as judicial stamp papers.
The value of these stamp papers would be the money you have to pay the authority as stamp duty, the fee authorities charge to register a deal in government records. For example, stamp duty charge in the national capital is six per cent for men and four per cent for women. A man purchasing a flat for Rs 10 lakh will have to buy stamp papers worth Rs 60,000 in Delhi.
The buyer can buy e-stamp of the correct value after creating an ID on the official website of Stock Holding Corporation of India Limited (SHCIL). Using the same site, one can also get the e-stamps home delivered after paying an additional fee. Alternatively, you could visit SHCIL Authorised Collection Centers near you to collect e-stamps purchased online.
Note here that the e-Stamping facility is currently operational in Gujarat, Karnataka, Delhi, Assam, Tamil Nadu, Rajasthan, Himachal Pradesh, Uttarakhand, Dadra & Nagar Haveli, Daman & Diu, Puducherry, Uttar Pradesh, Chhattisgarh, Jharkhand, Jammu & Kashmir, Punjab, Chandigarh, Odisha and Andhra Pradesh. In other states, one has to buy physical papers them from authorised centres.
After the purchase of the papers, every single detail about the transaction and the manner is being carried out would be typed out of the paper. These details would include:
Names of buyer, seller
PAN numbers of buyer, seller
Photographs of buyer, seller
Full detail of the property
Deal value and all other financial details, including TDS payment (if applicable)
Receipt of registration charge payment (One per cent of the deal value plus Rs 100 pasting charges have to be paid as registration charge)
Stamp duty amount
Name of the person paying the stamp duty (as a standard practice, the buyer pays the stamp duty)
Names and address of two witnesses
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.
- CIVIL LITIGATION AND REVENUE MATTERS
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- CRIMINAL CASES AND BAIL
A brief description of the stages of Criminal case in India
A criminal case in India is regulated and conducted under Code of Criminal Procedure, 1973 which describes the process of conducting a criminal case in India. The stages of a criminal case in India can be described in the following steps:
STEP-1 OF A CRIMINAL CASE IN INDIA:
Reporting of commission of an offence to the police. The persons informing the police is called either informant or complainant and the persons against whom complaint is made are called suspect or accused based on the facts of the case.
Police may register a FIR if the matter reported amounts to commission of a cognizable offence and start the investigation in the matter. The police may not register a FIR if the matter reported is a non-cognizable offence. This is named as a state case when the police registers the FIR on the basis of the complaint. This may be termed as the beginning of the criminal case in India.
When the police refuse to register the FIR despite a specific complaint of cognizable offense. The complainant has the remedy to file an application under Section 156(3) of CrPC before the court of the magistrate. The Magistrate can issue directions to the police to register a FIR and investigate the matter. This is a very important step in the criminal case in India.
If the magistrate declines to issue the directions to the police to register the FIR , the option still available with the complainant is to file a complaint under Section 200 of Cr PC before the court of the Magistrate seeking summoning and punishment of the accused persons. This is called the complaint case as police has no role to play in the same. The court may after considering the evidence led by the complainant may issue summons against the accused persons in the criminal case in India.
If the offence reported is bailable , the police may admit the accused on bail subject to the terms and conditions imposed on him. If the offence reported is non-bailable then the police may either arrest the accused or may not arrest him if his custodial interrogation is not required. The accused may obtain bail from the court in the event of his apprehension of arrest by taking the services of a bail lawyer.
The offences have been described in the Indian Penal Code, 1860 and various other special laws including the laws applicable in the respective states. Police is required to conduct the investigation in the matter after registration of the FIR and to collect the entire evidence related to the commission of the offence and role of the accused persons, witnesses, medical evidence etc. The police is required to file the charge sheet on the basis of the same before the competent court and the court may issue summons to the accused persons named in the charge sheet filed by the police.
Criminal case in India is assigned to the court of the magistrates depending upon the nature of the offence as classified in the First Schedule of the CrPC. In metropolitan cities, the magistrate is often named as Metropolitan Magistrate whereas in the other areas he is called the Judicial Magistrate.
After issuance of the summons to the accused persons by the court, the criminal trial formally begins and the accused persons are summoned to appear before the court on the date fixed by the court. This is another important stage in the criminal case in India.
Court then proceeds to frame charges on the accused persons on the basis of the contents of the FIR, the court has the powers to remove and add charges on the accused persons on the basis of the FIR.
Next stage of the criminal case in India is the evidence stage of the case when all the witnesses named by the police in its charge sheet are summoned before the court to give evidence and prove the case of the police, the accused are given the liberty to cross examine the said witnesses to disprove the case of the prosecution. In this process the police is represented by the APP and the accused persons have the liberty to be represented by their defense counsels.
After the prosecution witness is over, the accused are given the chance to produce their defense witness thereafter the court proceeds to record the statement of the accused persons. This is the stage of production of defence in the criminal case in India.
The matter is thereafter fixed for final arguments and on the basis of that the court comes to the conclusion whether the offence has been proved or not, the court passes the orders in the case accordingly.
If the guilt of the accused persons has been proved the court thereafter fixes the matter for sentence and awards the sentence to the accused persons based upon the facts of the case. This is the last stage of the case and the criminal trial is treated to be completed after this stage. The accused persons are either convicted or exonerated based on the findings of the trial and the aggrieved party has the liberty to file appeal against the orders passed in the matter. This is considered as the final stage of the criminal case in India
The last place anyone wants to find themselves is in a jail cell. And if you’re unlucky enough arrive in one your first concern is getting out as quickly as possible. But how? First you will need to be “booked,” or processed into police custody. Then you may have to post “bail,” a set amount of money you pay in exchange for your release.
This article provides an overview of the booking procedure and the bail and bonds process.
What Does Booking Mean?
If you’re placed under arrest, normally you will be taken into police custody and booked, or processed. During booking, officers will generally:
Record your personal information (name, date of birth, physical characteristics);
Record information about the alleged crime;
Record your fingerprints, and photographs;
Check for any criminal background;
Search your person and confiscates any personal property like keys, phone, or a purse (to be returned upon your release); and
Place you in a police station holding cell or local jail.
If you’ve been arrested for a minor offense, you might be given a written citation and released, after signing the citation and promising to appear in court at a later date. If not, you will go through the bail and bond procedure.
Arraignment and Own Recognizance Release
After booking, the next step is the arraignment, where you will be read the formal charges and be given an opportunity to arrange for your release. The main concern authorities have is that you show up for your future court dates. In certain cases, you may be eligible to be released on your own recognizance. This means you promise in writing to appear in court later on. A judge deciding whether to grant own recognizance release normally considers:
The seriousness of the crime;
Your criminal record, if any;
Whether you pose a danger to the community; and
Your ties to the community (whether you are a risk to flee).
If you are released on your own recognizance and fail to appear for your court date as scheduled, a warrant may be issued for your arrest.
What is Bail?
In some cases, a written promise to appear in court isn’t enough, and the court will want a financial guarantee that you will appear in court. Bail is a process by which you pay a set amount of money to obtain your release from police custody. As part of your release, you promise to appear in court for all of your scheduled criminal proceedings. If you show up to court as promised, the bail amount will be returned. If not, you will be subject to arrest and you will forfeit the bail amount.
The bail proceedings can vary from court to court, but generally the court will have a bail hearing to decide whether to grant bail (in extreme cases a court can deny your release altogether) and, if so, what amount is appropriate. The court will have a bail hearing, during which it will consider:
Your physical and mental condition;
Your financial resources;
Your family ties;
Any history relating to drug and alcohol abuse;
Any criminal history;
Any previous record concerning appearance at court proceedings; and
The length of your residence in the community.
Along with the monetary bail determination, the court could also impose restrictions on your release like limiting your travel, enforcing a curfew, revoking gun ownership privileges, or requiring drug, alcohol, medical, or psychological testing or treatment.
Posting Bail and Bail Bond Agents
Once a court has set the amount of your bail, that amount, or a specified percentage, must be posted, or paid to the court. Generally you can pay in cash or an approved cash substitute, such as a money order or cashier’s check. Once you’ve posted bail, the court will issue a document or an order that shows you may be released.
If you can’t afford to post your own bail, you can contract a commercial bail bond agent (or bail bondsman) to pay and ensure bond. A bond agent will charge a non-refundable fee, usually 10 to 20 percent of the total bail. In return, the bail bond agent agrees to pay the remaining amount to the court if you fail to appear for your court proceedings.