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Advocate for property matters

Property Law

Prime Lawyers advises to buyers and sellers
of Property, Mortgaged Property, bidding in
Auction, Auction of Confiscated Goods and 
Auction of immovable property by Banks
under the SARFAESI Act, 2002.

A comparative study of 
Property Laws in various countries

We have experienced Revenue Professionals in team with lawyers expert in the field of Property Law to guide you in Property Matters.

In the below articles we publish a study compiled at Prime Lawyers (India) a comparative study of administration of Property Matters under the Law in different parts of the World.

  1. PROPERTY LAW IN INDIA - The Transfer of Property Act 1882 is an Indian enactment to administer the exchange and transfer of property in India. It describes the various mode and ways available in law for transfer of rights vested in various types of properties, which an individual passes on the property to at least one person, or to himself and at least one different people. The demonstration of move might be done in the present or for what's to come. The individual may incorporate an individual, organization or affiliation or assortment of people, and any sort of property might be moved, including the exchange of unflinching property. Once the property is put to move, the individual usually knows about it, and must carry out the works and duties which are possibly engaged in. There are a number of stages of a transaction, including arranging the consideration, whether a purchase or a sale, so that the person making the move has the means to pay. The move is completed once the property is transferred, and the laws of various states and Union Territories or other than what is specified in the act, can also be followed. There might be some cases wherein the orders are not possible to be moved.   A property owner usually moves a person's property from the possession of an individual to that of  an individual. You should make the move if you want the holder of the property to be able to settle the debt and utilize it or at least preserve it. An owner also requires the other persons who will be included in the move. The individual must do his duty as an owner and take all the required care and expenses for moving. If the owner succeeds in moving the property, you may take full benefit of the right to the property from the other property owner.
  2. Property Laws in Australia- The laws of Australia regulate the movement of property. Australian property laws concern with conveyancing, property settlement and inheritance. A conveyancer will be able to move your property to another individual. For this purpose the conveyancer arranges the satisfaction and assurance of the transferrable interest and the needs for additional representation including regulatory or statutory management of a property. You will discover the moving of property not absolutely unavoidable and should it be given due consideration in the event that you feel that the conveyancing arrangement could be cancelled by reason of certain events. One particular move of property may be the conveyancing of real property and not a property or its use as per your request.
  3. Property Laws in South Africa - The State of South Africa gives the person the right to move their property under the terms and conditions of the law. There are property laws in the public domain and in the law of the country. The owner of the property has the right to move property. There may be a move of property by a joint tenant where either owner or tenants is moving the property for the other.
  4. Property Laws in China -  In the Constitution of the People's Republic of China, it provides that the owner of any property can move his property if: The owner has not made any application, or had his application refused, to do anything with the property. The application, or refusal, of the owner or any other person to do anything with the property should be reasonably based on or relevant to the reasonable interests of the public or economic, social or cultural development, or if it is in the public interest, or when the application is not made, or when the application is refused, or when a reasonable person would make a different application.
  5. Transfer of Property Laws in Indonesia - The transfer of property is divided into three purposes: How to transfer the ownership of immovable property to the person or entity that legally owns it, how to transfer the ownership of movable property to the person or entity that legally owns it, and how to change the legal owner of movable property.  The government laws include minimum statutory laws and exceptions for the purchase of immovable property; while the country's civil code, Muslim family law, property law and rules of marriage and divorce, taxation and other laws and their amendments do not allow the transfer of immovable property, and therefore the immovable property remains legally in the previous owner unless transferred under special circumstances and/or given for security interest.
  6. Difference in Taiwan and Mainland China - Taiwan Law: With regard to the ownership rights of immovable property, the owner of the property has the right to transfer it to the third party when the owner has decided to do so. The option is available only when the property is sold or re-sold. However, according to Article 72, the rights of the owner of immovable property to transfer the ownership can be changed by law. However, it is advised that the existing owner of the property must notify the buyer within seven days after making the transfer of property. This will allow the buyer to purchase the property in a different condition, and at a different price, without paying the value difference of the property.  With the same principle, owners of immovable property, once acquired, are also required to list the property with the register and to notify it for compulsory sale under the Ministry of Economic Affairs. It is a requirement to register immovable properties as well. For the convenience of the buyers and sellers, the procedure for registration of immovable properties is much simpler. This is because the procedure only requires a simple signature, the agent of a buyer is required to fill in and submit an application form (1168) and a deposit of R. 100,000, the act can be finalized within 15 days from submission of the application and R. 100,000 is collected as an application fee. If the client wants the contract to be extended for 15 days, a deposit of R. 150,000 is required, and if the client wants the contract to be extended for 60 days, a deposit of R. 250,000 is required. Finally, if the client wants the contract to be extended for 90 days, a deposit of R. 500,000 is required.  In addition to these, owners of immovable property are also required to perform a due diligence report and register the property with the Ministry of Economic Affairs. The owner of the property is required to pay the government charges for registration and other fees. If the property is sold, the contract is to be completed within the time given by the Ministry of Economic Affairs. In case of failure to complete the contract, the owner of the property will be given a compulsory sale notice and the buyer will pay an application fee of R. 750,000. If the property is resold, the contract is to be completed within the time given by the Ministry of Economic Affairs.  On the other hand, in the Mainland, the two-step procedure for obtaining the contract of sale is mandatory. The buyer must obtain a copy of the contract before purchasing the property. The buyer must then give notice to the seller by presenting the notice to the Land Administration Bureau (LIBS). In case of failure to give the notice, the buyer must return the money to the seller immediately. At the same time, if the buyer believes that the seller has failed to fulfil the conditions or had sold the property to someone else, he or she must return the money to the seller immediately. If the buyer believes that the seller is out to sell the property to someone else, the buyer is required to return the money to the seller before the day that the payment of the property becomes due. 
  7. Liabilities When Selling A Home in Taiwan - It is necessary to make sure that the deal goes smoothly and also make sure that you do not miss your obligations. In case of unexpected problems, or if the property is not bought and sold, you will need to report the transaction to the Land Administration Bureau. This will require money. For example, if the buyer wants to exit the contract with the seller because of non-payment or a notice from the seller, they will be required to return all the money deposited in the contract before the day the payment is due. In cases like this, the buyer needs to report the incident to the Land Administration Bureau. 
  8. Dealing with Land Rental Issues in Taiwan -  When it comes to renting property, in most cases, the contract is longer than 15 days. The first step is to send an application form to the Land Administration Bureau and pay a deposit. If you are renting a property for a long period, then an application fee of R. 600,000 is required and the right to close the contract must be transferred to the buyer. In addition, as a measure to protect the rights of the buyer, if the property is sold, the buyer must return the deposit to the seller.
  9. Other Types of  Property Transactions In Taiwan - When it comes to other property types, the procedure for selling a property in Taiwan is not so complicated. To sell a property, you can either deliver the signed contract to the seller or wait until the seller delivers the contract to you. Once the contract is delivered, the buyer must deposit R. 600,000 with the Land Administration Bureau, together with an application fee and the necessary legal documents. If the buyer wants to resell the property, he or she must return the deposit and apply for a new contract of sale. In case of unforeseen circumstances, the buyer will have to give back the deposit.
  10. Conclusion - It is essential that you make sure that you know how to sell a home in Taiwan, or you can be the next property thief. In case you decide to sell a property, you must follow the procedures mentioned above to ensure that you cannot lose any money. When it comes to property, you need to be aware that the laws are strict. Therefore, it is important to ensure that you follow the procedures and policies of the government. In most cases, the process is not very complicated, and you only need to remember one thing: do not trust any vendor or seller, especially if it is a stranger.

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