Manthan Legal Consulting Service

Introduction Buying a property is one of the most significant financial decisions an individual or family makes in their lifetime. Whether it is for residential, commercial, or investment purposes, the process involves not just a large monetary commitment but also a series of legal verifications to ensure that the transaction is safe, valid, and free from future complications. One of the most important aspects of this due diligence is ensuring that the title of the property is clear,  meaning the property is not involved in any legal disputes, not mortgaged, and does not have any outstanding liabilities or claims against it. To verify this, one of the most essential documents you must obtain is the Encumbrance Certificate (EC) . Issued by the local Sub-Registrar’s Office , the EC serves as proof of a property’s legal and financial status over a specified period. It helps determine whether the property is free from encumbrances such as loans, mortgages, unpaid dues, court attachme...

Introduction: In the evolving legal landscape of India, particularly in Karnataka, written agreements have become essential tools for establishing legally binding relationships in both personal and commercial spheres. With the growth of startups, increasing property transactions, and a heightened emphasis on legal compliance, the reliance on formal contracts is more pronounced than ever. A well-drafted agreement is no longer a mere procedural step it functions as a crucial legal safeguard that defines the rights, duties, and expectations of the parties involved, while also providing a clear path for enforcement in case of disputes. Whether it involves business partnerships, property sales, service arrangements, or employment terms, a carefully crafted agreement helps prevent misunderstandings and legal complications. However, it is important to note that not every written document qualifies as a legally valid agreement. For an agreement to be enforceable under Indian law, it must c...

Introduction The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency, accountability, and efficiency to the real estate sector in India. One of the important aspects of this Act is the establishment of a specialized mechanism to handle disputes related to real estate projects. In this context, Section 79 of RERA plays a crucial role by barring the jurisdiction of civil courts in certain matters. At the same time, the Code of Civil Procedure, 1908 (CPC) provides the general rules for civil jurisdiction through Sections 9 to 20 . Understanding the interplay between these legal provisions is essential for determining the correct forum for dispute resolution. Section 79 of RERA – Bar on Civil Courts Section 79 of the Real Estate (Regulation and Development) Act, 2016, plays a pivotal role in defining the jurisdictional boundaries between civil courts and the authorities established under RERA. The provision is designed to streamline the...