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Can we assume that international law supersedes the sovereign rights of a country?
This book provides dramatic evidence of the principle of legality at work in international human rights institutions during the past half-century. It brings together scattered legal opinions from the early years of the United Nations and renders a great service in chronicling the practice of international law in a vital domain. It is itself a labour of love, having been assembled piece-by-piece over several years. Legal advisers in international organizations and t… More >>

The Principle of Legality in International Human Rights Institutions:Selected Legal Opinions

Now this is one thing that you should be very careful about.

Real estate agents are in the game of buying and selling homes. At their core, they are sales people and rightly so. Given this fact, you need to be very leery of any real estate agent that offers legal advice. Why? They haven’t got a clue and are potentially breaking the law.

You go to view a home and notice the owner has done a lot of custom work. You love it. The home is unique and amazingly so. You put in an offer through your real estate agent. After some haggling, a deal is reached. Escrow gets underway and then a problem arises. The appraiser notes the home has more square footage than recorded in the county records. It becomes obvious the owner did the customization without getting permits. It also becomes obvious that some of the work is not up to code.

At this point, the deal should either die or the seller should be offering major financial concessions. You are not really sure what to do. Your real estate agent tells you to take the concessions. She has seen this before and knows that the building department will okay the home. If not, you can always come back and sue the owner for breach of warranty and contract. Taking this advice, you go ahead and buy the home.

After taking possession of the home, you are told by a building inspector half the home will need to be torn down and rebuilt to meet code. You are outrages and speak with an attorney about filing a lawsuit against the seller. The attorney looks at the deal, notes all the disclosure done by the seller and the concessions on price. Guess what, you have no legal remedy. Everything the real estate agent told you is wrong.

This type of scenario plays out repeatedly. Real estate agents are famous for giving out legal advice regarding issues they have no business discussing. They are versed in the practice of selling and buying real estate, not offering legal opinions. To this end, more than a few real estate agents have been sued for “the unauthorized practice of law”. In the scenario above, the buyer would in fact be able to sue the real estate agent and successfully so.

In truth, most real estate agents give legal advice without really thinking about it. They also do it without malice. They are just trying to make a sale. While they can incur liability for doing so, it is incumbent on you to realize that an agent is not a lawyer. If there are legal issues related to a real estate matter, you should speak with an attorney to get accurate advice. Otherwise, you are taking a huge risk.

An investment in real estate is always considered to be good as it often yields great returns in the future. Most of the people acquire properties or houses by availing loans from the banks. Builders usually say that their property is approved by the banks, and hence insist the customers to submit the documents to the banks. But, one should carefully verify the legality of the property before availing the loan from the bank.

The following are few important tips that help you in verifying the legality of a property. But before knowing them, know about different type of documents about which you should gain good knowledge when acquire a property or house.

Different types of documents in the property registration:

Agreement of sale: Documents pertaining to the agreement of sale include details about Vendors or Executants – individuals selling the property, Vendees or Claimants – individuals buying the property, and the details of the property. Here both the parties enter into an agreement in presences of witnesses to carry out the transaction for certain amount in certain period as per the laws of the land.

Sale Deed: A document which gives the purchaser the complete power and possession of the property by all means. In this, the vendor is the person who sells the property, and the vendee is the person who purchases the property. The vendor will transfer all the rights and grants over the property to the vendee by receiving the sale consideration amount which they had agreed upon. These documents should be registered in the sub registrar office by paying the stamp duty to the government.

General Power of Attorney (GPA): General Power of Attorney is a procedure through which a property owner transfers his powers and rights over a property to another person. GPA document includes the details of such proceedings. Such document has to be registered; only then the person on whom the powers and rights are transferred attains the right to execute all the transactions pertaining to that property in the future.

If the document is not registered, then the person on whom the powers and rights are transferred cannot execute the future transactions on his own; the original owner has to sign the document, only then the document gets the validation.

Agreement of Sale cum General Power of Attorney (AGPA): It’s a document in which the vendor agrees to sell the property to the vendee and transfers all his rights and powers over that property to the vendee. If the document is registered, the vendee gets all the rights to execute all the transactions over the property thereafter; if not he needs the consent of the vendor for future transactions.

Legal heir document: It is a document which should be duly attested by the class I magistrate to get complete validation. If the person on whom the property is registered dies without writing any Will, then the document which shows the legal rights holders on that property is “Legal Heirs certificate”.

All the members whose names are mentioned in the Legal heirs’ certificate should express their consent and sign the document; only then the sale of that property becomes valid.

Encumbrance Certificate (EC): EC includes all the details about previous registration including date of registrations, names of executants and claimants, document numbers etc. It can be obtained from the sub-registrar office.

All the above-mentioned documents must be properly verified and included in a property transaction.

Now let us look into other aspects when verifying the legality of a property:

1. Collect all the legal documents of the property for the last 20 years

2. The first point of the legal verification of the property is “the present vendor should be the previous vendee”.

E.g.:-
Document Registered In 2008 Document Registered in 2005
Vendor: P. Chandra Bose Ashok Kulkarni
Vendee: Anil Kumar P. Chandra Bose

If you see the above example, the present vendor Anil Kumar has got the document registered from P.chandra Bose in 2008, and P.chadra Bose has got it from Ashok Kulkarni in 2005 like so.

3. Please read the sale deed completely to clarify yourself that there are no mortgages created over that property by the vendor.
4. Please cross check all the past registration details with the Encumbrance certificate.
5. If any GPA or AGPA has been executed on the property, then check if they are registered or not.
6. Please check with the constructed area and the sanctioned area of the property by verifying them in the plan.
7. Take Certified copies (CC) from the registration office and check whether all the documents are valid or not.
8. Please cross check the plot number, house number and the boundaries of the property in the document and the existing ones.
9. Please collect property tax paid receipts and check whether they are paid regularly or not.

And last but not the least is to get a legal opinion from a advocate before going for a home loan to ensure a smooth loan processing.

Product Description
This scarce antiquarian book is a selection from Kessinger Publishing’s Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world’s literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with some… More >>

Legal Opinions Of Joseph M. White, Daniel Webster, And Edward Livingston: In Relation To The Title Of The Duke Of Alagon

Legal Opinions: The Impact of the Tribar Committee’s New Report on Legal Opinion Practice

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Legal Forms, Contracts And Agreements

An investment in the real estate is a good idea as it gives great returns in coming future. Most of the people take properties or houses by availing the loans from the banks. Usually builders say that their property is approved from the banks and ask them to submit the documents in that bank. But one should verify the legality of the property before availing the loan from the bank.

           We are giving here some simple steps to verify the legality of the property and the different types of cases and their solutions in the legal verification of the property, But before that please understand the type of documents.

 Different types of documents in the property registration

 Agreement of sale: This is the document which shows the details of the vendee or Executants the person who is selling the property and the vendee or Claimants the person who is buying the property and the details of the property completely.

 Here both the parties will agree the laws of land and do the transaction of the sale of the property by entering into this agreement in the presence of witnesses.

 Sale Deed: A document which gives the purchaser a complete power and possession of the property in all means. In this vendor is the person who sells the property and vendee is the person who purchases the property. The vendor will transfer all the rights and grants over the property to the vendee by receiving the sale consideration amount which they agreed upon. These documents should be registered in the sub registrar office by paying the stamp duty to the government.

 General Power of Attorney (GPA): It’s a document in which a person transfers all the power and rights over a property to the other person. If the document is registered then the Vendee gets all rights to execute all the future transactions.

 If the document is not registered then the vendee can’t execute the future transactions on his own, the vendor has to sign the document then only the document gets the validation, if the vendor won’t sign the document the registration or the transfer of property is not valid.

 Agreement of Sale cum General Power of Attorney (AGPA): It’s a document in which the vendor agrees to sell the property to the vendee and transfers all his rights and powers over that property to the vendee. If the document is registered then the vendee gets all the rights to execute all the future transactions otherwise the vendor also should sign the documents of the future transactions.

 Legal heir document: It’s a document which should be duly attested by the class I magistrate to get the validation. If the person on whom the property is registered gets expired with out writing any will then the document which shows the legal rights holders on that property is “Legal Heirs certificate”.

 All the persons whose names are mentioned in the Legal heirs’ certificate should sign the documents then only that transaction is valid.

 Encumbrance Certificate (EC): It’s a certificate which we get in the sub registrar over a property. It includes all the details of previous registrations and the details like date of registration, names of Executants and claimants, Document No.

 All the above are the documents which we normally find in the property transaction.

 Now if we look at the legality of the property please follow the below steps to verify.

 Please collect all the legal documents of the property for the last 20 years

The first point of the legal verification of the property is “the present vendor should be the previous vendee”.

 E.g.:-

Document Registered In 2008           Document Registered in 2005

Vendor: P. Chandra Bose                          Ashok Kulkarni

Vendee:  Anil Kumar                                 P. Chandra Bose

 If you see the above example then the present vendor Anil Kumar has got the document registered from P.chandra Bose in 2008 , and P.chadra Bose has got it from Ashok Kulkarni in 2005 like so.

 Please read the sale deed completely to clarify your self that there are any mortgages created over that property by the vendor.

Please cross check all the past registration details with the Encumbrance certificate. If any GPA’s or AGPA’s are there then please check they are registered or unregistered ones. Please check with the constructed area and the sanctioned area of the property by verifying them in the plan. Take Certified copies (CC) from the registration office and check whether all the documents are valid or not. Please cross check the plot no, house no and the boundaries in the document and the existing ones. Please collect property tax paid receipts and check whether they paid regularly or not.

 And the last but not least is get a legal opinion from a legal advocate before going for a home loan to ensure a smooth loan processing.

Product Description
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We a… More >>

Principles and Precedents of Moohummudan Law: Being a Compilation of Primary Rules Relative to the Doctrine of Inheritance (Including the Tenets of the … Selection of Legal Opinions Involving Those

Making the most of your research time.

Is it possible with all the stuff that you get with google, well the answer is yet, it is possible.

By: Todd Spodek, Esq.: Google has recently launched Google Scholar, which is an amazing free resource for both lawyers and non-lawyers to research the law. Everyone can now read the full legal opinions of U.S. State, Federal and Appellate cases.

These cases can be searched by the case name, or topic. Further, one can now easily see how a legal opinion has influenced other Judges by reviewing the citing page, and related cases page.

For example if you wanted to read the famous NY Court of Appeals Case People v. Huntley which allows a defendant to challenge the voluntariness and lawful nature of any statement made to the police you could easily do that.

This is an important case to know about because if a defendant requests a Huntley hearing, and is successful at the hearing, any incriminating statements made will be precluded from trial. The hearing Judge will consider the following factors to determine if the statements were voluntary:

* Whether the defendant was in custody at the time of the statement. If so, whether the defendant waives hid Miranda rights.
* Whether the police used unfair coercion or violence
* Whether the police made promises to the defendant
* Whether the defendant mad ethe statement on his own free will
* Whether the statements were obtained as a result of an illegal arrest

The Judge must find that voluntariness beyond a reasonable doubt before the confession can be submitted to the trial jury.

Here’s how to use Google Scholar:

1. Start at Google Scholar
2. Click Google Advanced Scholar Search on the right side of the search box
3. Type Huntley into the “with all of the words” search box
4. Scroll down to Legal Opinions and Journals, Search only Court opinions from the following states, and check New York
5. Click Search Scholar
6. Once you pull up the case, if you click on the “How Cited” link you can see 1) How this document has been cited and 2) Related documents.