KSP Legal Services

Features of Family Suits

Heard in Family Court (as per the Family Courts Act, 1984)

Emphasis on conciliation and settlement

Proceedings are generally private and confidential

Reliefs can include monetary support, custody rights, injunctions, or property share

Why Legal Support is Crucial

Family matters are emotionally sensitive and legally complex. A good legal representative ensures

Proper drafting of petitions and replies

Respect for the privacy and emotions of the parties

Ensuring fair outcome especially in child custody and property matters

Negotiation and settlement wherever possible

What is a Civil Suit?

A civil suit is a legal dispute between two or more parties seeking enforcement of rights, compensation, or resolution of conflicts, rather than criminal punishment. Civil suits are filed in civil courts and are governed by the Civil Procedure Code, 1908 (CPC) in India.

When Can a Civil Suit Be Filed?

A civil suit can be filed in cases such as:

Property disputes (ownership, partition, encroachment, etc.)

Breach of contract

Money recovery

Injunctions (to stop or compel an action)

Specific performance (enforcing terms of an agreement)

Tenancy or rent-related disputes

Defamation or damage to reputation

Consumer or service deficiency claims (in certain cases)

Key Features of Civil Suits:

The party filing the suit is called the plaintiff

The party against whom the suit is filed is the defendant

Relief is usually monetary compensation, injunction, or declaration of rights

No imprisonment is involved unless there is contempt of court or disobedience of court orders.

Evidence is based on documents, witnesses, and facts

Stages of a Civil Suit:

Filing of the plaint (written complaint by the plaintiff)

Issue of summons to the defendant

Written statement (defense) by the defendant

Framing of issues by the court

Evidence and trial

Final arguments

Judgment and decree

Why Choose Legal Guidance for Civil Suits?

Civil matters can be lengthy and document-intensive. Having an experienced legal team ensures

Proper drafting of pleadings

Timely filing and procedure compliance

Strategic representation in court

Better chances of favorable outcome

Bank-Related Legal Matters

Legal disputes and services involving banks and financial institutions are a significant area of civil and commercial law. These matters often require urgent action, documentation support, and expert representation to protect the financial interests of individuals, companies, and borrowers.

Common Bank-Related Legal Matters

• Loan Recovery Suits

Filed by banks to recover unpaid loans under civil or DRT proceedings.

• Cheque Bounce Cases

Criminal complaint under Section 138 of the Negotiable Instruments Act when a cheque is dishonoured due to insufficient funds.

• Mortgage and Property Disputes

Legal issues regarding defaulted home loans, repossession, or auction of mortgaged property.

Leave and License Agreement Services – KSP Legal

A Leave and License Agreement is a legal arrangement where the licensor (property owner) allows the licensee (tenant) to occupy a premises for a temporary period without creating tenancy rights.

At KSP Legal, we provide complete legal assistance for drafting, executing, and registering Leave and License Agreements as per the Indian Easements Act, 1882 and the Registration Act, 1908, ensuring legal protection for both parties.

Key Features of a Leave and License Agreement

Particular

• Legal Status

• Typical Duration

• Stamp Duty & Registration

• Jurisdiction

Details

Licensor permits use; no tenancy is created.

11 months (renewable).

Mandatory under Maharashtra law.

Governed by local Rent Control Acts and the Indian Easements Act.

Drafting of Leave and License Agreement

Custom agreement based on:

Property type (residential/commercial)

Duration

Monthly license fee, deposit

Responsibilities for utilities, maintenance

Clauses to safeguard owner’s interest and avoid tenancy claims

Legal Advice

Clarity on licensor/licensee roles

Rent control law implications

Advice on eviction procedures, default handling, and security clause

Guidance on sub-letting restrictions, pets, maintenance charges, etc.

Stamp Duty and Registration Assistance

Stamp duty calculation as per Maharashtra Ready Reckoner:

0.25% of total license fee + deposit for the term

Online GRAS payment support

Registration appointment booking with Sub-Registrar

Legal presence during registration (if required)

E-Registration Facility (Online)

E-Registration of agreements using Aadhaar and biometric verification

No physical visit needed for eligible agreements

Draft upload, OTP verification, and receipt of digitally signed copy

Fully valid under law and accepted in court

Renewal & Termination Services

Drafting of renewal deeds and notices

Notice for premature termination and possession

Drafting of handover & damage verification report

Key Clauses in a Standard Leave & License Agreement

License Period and Lock-in Clause

License Fee and Security Deposit

Payment Schedule and Penalty for Delay

Use of Premises (residential/commercial)

Maintenance and Society Charges Responsibility

Sub-letting Restrictions

Dispute Resolution & Jurisdiction

Terms of Termination and Notice Period

Documents Required for Leave and License Agreement

For Licensor (Owner):

PAN Card

Aadhaar Card

Property Ownership Documents (Sale Deed, Index II)

Electricity Bill / Society NOC

For Licensee (Tenant):

PAN Card

Aadhaar Card

Passport-size Photograph

Employment Proof or Business Proof (optional)

Why Choose KSP Legal?

Legally robust and customized agreements

Experienced handling of landlord-tenant disputes

Quick turnaround and full compliance with stamp & registration laws

E-registration convenience and doorstep consultation (if needed)

Trusted by housing societies, individual landlords, and corporates

How We Can Help

At KSP Legal, we assist clients with:

Drafting and replying to legal notices

Filing or defending recovery suits

Challenging SARFAESI actions

Negotiating loan settlements

Representing before DRT and courts

Protecting borrower rights under law

Property and Revenue Matters

Property and revenue laws form the foundation of land ownership, title, transfer, and government records. These matters are crucial for individuals, housing societies, builders, and institutions to ensure clear title, legal possession, and proper compliance with government authorities.

Housing Society Related Matters

Housing societies are governed by the Maharashtra Cooperative Societies Act, 1960 and various government resolutions. Legal issues in housing societies can be complex, involving members’ rights, society management, redevelopment, disputes, and regulatory compliance. At KSP Legal, we specialize in offering practical legal solutions tailored specifically for cooperative housing societies.

Key Legal Services for Housing Societies:

Formation & Registration

Guidance on forming new cooperative societies

Registration of society under the Maharashtra Cooperative Societies Act

Assistance in preparing bye-laws and mandatory documents

Society Documentation

Drafting & vetting of agreements, resolutions, and notices

Share certificate issuance and transfer

Legal assistance in nomination and inheritance cases

Dispute Resolution

• Member vs. society disputes

• Issues related to transfer, maintenance, parking, or misuse of premises

• Filing complaints before the Deputy Registrar or Cooperative Court

• Expulsion of members (under proper legal grounds and procedure)

Redevelopment Advisory

• Legal audit and feasibility check of society documents

• Drafting of development/redevelopment agreements & tenders

• Legal vetting of project plans, MOFA compliance, and RERA registration

• Representation during General Body Meetings, SGM, and in Registrar offices

• Protection of members' rights during redevelopment

Compliance & Government Liaison

• Ensuring compliance with statutory requirements (AGM, audits, records)

• Filing appeals or grievances before the Registrar, Federation, or Housing Department

• Legal notices and replies to members/society

Redevelopment Advisory

• Legal audit and feasibility check of society documents

• Drafting of development/redevelopment agreements & tenders

• Legal vetting of project plans, MOFA compliance, and RERA registration

• Representation during General Body Meetings, SGM, and in Registrar offices

• Protection of members' rights during redevelopment

Common Issues Handled:

• Unfair maintenance charges

• Denial of NOC or transfer of flat

• Irregularities in managing committee elections

• Mismanagement of funds

• Disputes over common areas, parking, and amenities

• Non-cooperation in redevelopment projects

Why Choose KSP Legal?

17+ years of experience

Over 2,500 societies legally guided

Specialised in redevelopment law

Doorstep legal assistance

Expert representation before cooperative & civil authorities

RERA Related Matters Handled by KSP Legal

RERA Registration Services:`2

• Unfair maintenance charges

• Denial of NOC or transfer of flat

• Irregularities in managing committee elections

• Mismanagement of funds

• Disputes over common areas, parking, and amenities

• Non-cooperation in redevelopment projects

Drafting and Vetting of RERA-Compliant Agreements

• Drafting of Agreement for Sale, Allotment Letters, Builder-Buyer Agreements as per RERA norms.

• Ensuring all clauses are aligned with Sections 13 & 19 of RERA.

Filing RERA Complaints

• Filing complaints against defaulting builders/promoters before MahaRERA Authority

• Legal representation in RERA hearings and adjudication proceedings.

• Claiming compensation for delay in possession, misleading advertisements, or poor construction quality.

Legal Advice to Builders/Promoters:

• Structuring projects as per RERA timelines and regulations

• Handling show-cause notices or compliance audits from MahaRERA.

• Legal guidance during project revocation or extension applications.

New Society Registration

• Drafting of application and required documents.

• Guidance on selecting appropriate society type (Cooperative Housing Society, CHS Ltd., Apartment Ownership, etc.)

Preparation of:

• Form A (Application)

• Proposed Bye-laws

• Promoter Member List

• Bank Account Opening Certificate

• Submission and liaison with the Registrar’s office.

• Final Registration Certificate issuance.

What is Deemed Conveyance?

• Deemed Conveyance is a legal remedy available to cooperative housing societies when a builder or landowner fails to execute the Conveyance Deed in favor of the society within the stipulated time. Under Section 11 of the Maharashtra Ownership Flats Act, 1963 (MOFA), the promoter (builder) is obligated to transfer the land and building to the society. If the promoter fails to do so, the society can independently obtain the "Deemed Conveyance Order" through a Competent Authority.

Legal Basis

Law: Section 11 of MOFA, read with Rule 11(1), 11(2), and 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964.

Authority: District Deputy Registrar (DDR) of Cooperative Societies – designated as the Competent Authority for Deemed Conveyance.

Applicable To: Societies where the builder has failed to execute the conveyance deed within 4 months of society registration.