GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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21:56 Jul 17, 2016 |
Russian to English translations [PRO] Real Estate / Real Estate, Legal | |||||||
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| Selected response from: Erzsébet Czopyk Hungary Local time: 07:19 | ||||||
Grading comment
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Summary of answers provided | ||||
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4 +4 | the immovable property/estate to be sold is free from all encumbrances |
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the immovable property/estate to be sold is free from all encumbrances Explanation: Obtain a non-encumbrance certificate from the Immovable Property Registration Office Agency: Immovable Property Registration Office The seller obtains, before signing the contract, the mortgage-free certification from the Immovable Property Registration Office. http://articles.economictimes.indiatimes.com/2005-11-13/news... A seller, a buyer and the description of the property to be sold, are the most important ingredients in a sale. Other key points are that it must be a transfer; and such a transfer must be of full ownership. The sale consideration would be the price paid or promised to be paid. Transfer of property Though a sale is a transfer of property, every transfer of property is not a sale. This is because a property can also be transferred to a person by way of lease, mortgage or gift. In these cases, the transfer is for a limited period only and no buyer or seller is involved. The seller must have a clear and marketable title to the property and must be competent enough to convey the property and should not suffer from any disability. He must be a person, major in age and of sound mind, and if the property is not his own, he must have the authority to transfer it. Title to property The title to property on sale must be free from all encumbrances, claims and court proceedings. One must note that encumbrance on a property will not make a title marketable. Existence of encumbrance found after completion of sale obligates the vendor to indemnify the purchaser, and an encumbered property cannot be forced upon a purchaser. The document of title is said to be defective if there is a pending court case, a demand on the property easement right, or acquisition proceedings. As regards sale of property of a minor, permission must be obtained from the court concerned, as a minor cannot enter into a contract. However, in case of sale to a minor, it is enough if a guardian represents him, after obtaining the court's permission. Administrative fees of General Authority for State Registration is determined by the Government Resolution No. 237 dated September 15, 2010. According to the Government Resolution providing “detailed reference” relating to immovable property the fees are as follows: MNT 5, 000 to obtain a non-encumbrance certificate within 3 days, expedited service MNT 10, 000 (to obtain a non-encumbrance certificate within 1 day or 8 business hours). -------------------------------------------------- Note added at 4 hrs (2016-07-18 02:01:13 GMT) -------------------------------------------------- http://articles.economictimes.indiatimes.com/2005-11-13/news... -------------------------------------------------- Note added at 11 hrs (2016-07-18 09:00:51 GMT) -------------------------------------------------- Dear Leeila, of course, yes, "free from all encumbrances, claims and court proceedings" is a usual wording -------------------------------------------------- Note added at 19 hrs (2016-07-18 17:01:42 GMT) -------------------------------------------------- Dear Leeila, this is a greta community and as you see it works :) -------------------------------------------------- Note added at 19 hrs (2016-07-18 17:03:02 GMT) -------------------------------------------------- Dear Leeila, this is a great community and as you see, I still make typos :) I am very happy if my suggestion was helpful. |
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