Our Services

 

Freehold

Freehold is a process of transfer of ownership of land and building from Government Authority to the owner on payment of conversion charges and providing required documents. It enhances the value of the property. It could be a DDA flats, Society flat, Shop, Commercial space, Plot, etc.
As a freehold owner you get the outright ownership of the property and the land on which it stands, and the entitlement to permanent residence for as long you wish. It also entitles the owner to make moderations to the property within restrictions of the law. You may need permission to make structural changes.
Particularly after Supreme Court ordered banning the sale of properties owned through GENERAL POWER OF ATTORNEY, it has become mandatory for owners to convert their property from LEASEHOLD to FREEHOLD.
For conversion, the owner needs to apply to the concerned authority in prescribed format. Our services in this regard include consultancy, documentation preparation and submission. We will guide through the entire process.

List of documents require for conversion:

  • Letters of allotment, allocation
  • Possession letter and Possession slip
  • Perpetual Lease Deed (if any)
  • Proof of physical Possession
  • Photographs
  • Bank challans regarding payment of installments.
  • Ground Rent (Challans), Service Charges etc
  • Indemnity Bond, Affidavits, Undertakings and NOC
  • Application Form

Above listed documents can vary depending upon the property type.

 

Mutation

Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has.
Procedure of mutation of property
Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has.
A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned.
The prevalent rate of transfer duty on the consideration amount and the mutation fee should be paid. If an entire building or plot has been sold, the mutation may be allowed on payment of up-to-date dues. In case of sale through an agreement to sell, it is done on payment of transfer duty on the prevalent rates.
Any party aggrieved by an order of mutation can file an appeal before the Additional Collector (or the Deputy Commissioner) concerned within 30 days of the order.
Documentation varies in case of Sale Deed, Power of Attorney and Will

 

Deed and Documentation

We undertake drafting of almost all kinds of deed, documents and agreements (business and personal) as per the needs and requirements of the client, few types are stated hereunder:

  • Sale Documents
  • Purchase Documents
  • Sale Deed
  • Power of Attorney
  • Agreement to sell
  • Lease Deed
  • Assignment Deed
  • Franchise Agreement
  • Manufacturing Agreements
  • Gift Deed
  • Perpetual Deed
  • Partition Deed
  • Rectification Deed
  • Relinquishment Deed
  • Will
  • Assignment Deed
  • Release Deed
  • Adoption Deed
  • Trust Deed
  • Cancellation of Documents
  • Partnership Deed
  • Indemnity Bond
  • Undertaking
  • Affidavits
  • Rent Agreements

 

Certified Copy

A person or a business needs copies of deeds and documents executed for a wide range of reasons. If you find yourselves in a position where you can't find the deeds or documents or you have lost the same. You can apply for the certified copy of the document. Certified copy is treated just like the original document.
To get the certified copy, it is necessary to have the following information regarding the lost documents:

  • File number
  • Property number
  • Registration number
  • Volume and page number
  • Date of registration
  • Name of the authority

We render our services for obtaining the certified copies of the lost documents from the concerned department; we can arrange certified copies in case of non-availability of the information as well.
Contact us to know the procedure.

 

Regularization

We can help you in getting your property regularized if you have purchased the same through General Power of Attorney (GPA). As such the Supreme Court has restricted the (GPA) as a mode of property transfer, however it is said that the apex court has not banned GPA but ruled that property transaction through GPA will not be considered valid.
The property transaction done through GPA prior to the Hon'ble Court order will be valid and parties concerned can regularize such transactions by paying the required registration fees. The duty will have to be paid as per current rate and the department will consider the value of property when the transaction had taken place to calculate the registration fee.

 

Documentation Registration

Registration is the process through which one can give authenticity to the executed deeds/agreements and documents (hereinafter referred to as Instrument). The Party or Parties has to physically appear in the office of the Sub-Registrar along with the original Instrument to get the same registered by paying the applicable stamp duty. Certain formalities are required to be carried out before a document is registered. There is a whole list of Instruments which needs to be registered as per law.
We at 'Intellect' can be of utmost help in getting your Instrument registered by assisting and guiding you in entire process.

 

Trademarks Registration

A trademark is any symbol, phrase, letter, number, signature or word that you use to identify the source of your goods or services. Trademarks allow companies to form a reputation for quality by consistently providing excellent products or services under the trademark. Once consumers have become accustomed to receiving excellent quality goods or services under the trademark, it is said that the trademark has acquired “good will,” which can make the trademark very valuable.
At Intellect our practice focuses on advising each client with the goal that the client's trademark should function as a strong brand name, and be free of conflicts with other prior existing trademarks. We endeavor to accomplish this by first advising the client of any inherent problems with the proposed trademark. Following this, a comprehensive trademark search is recommended to ascertain whether the proposed mark may cause difficulties because of a similarity with a prior existing trademark already in use by another party. Once a trademark is through from these processes we will draft and file the application. We work for the client till the application is at logical end and the client is in a position to obtain the Certificate of Registration
The firm is able to provide these services at cost effective flat rates, potentially saving clients significant amounts of money.

 

Copyright Registration

Copyright is an exclusivity given by the law to creator/author of literary, dramatic, musical and artistic work and producers of cinematographic films and sound recordings.  It is actually a bundle of rights including, inter alia, rights to reproduction, communication to the public, adaptation and translation of the work. There could be some variation in the composition of the right depending on the work.
Copyright ensures certain minimum safeguards of the rights of the creator/author over their creations, thereby protecting and rewarding their creativity.
For filing application for registration of the copyright work, following information is needed:

  • AUTHOR – in respect of Literary (author of the work). If in case author is not an individual but a company, than list of directors be provided with their, share holding percentage.
  • PUBLICATION - means, the date when it is made available to the public by issuing copies or through advertisement.
  • WORK - we require 5 copies of the original work if published and 5 copies if unpublished for the purpose of submission for registration.
  • NO OBJECTION CERTIFICATE (in case of artistic work):
  • Trade Marks Registry – Search certificate from the trademarks registry, is mandatory if the artistic work is to be used or capable of being used in relation to any goods, irrespective of whether the same is registered or not.
  • Name / address / nationality of person whose is going to be owner of the work? In case of company then a copy of memorandum of company. In case the same is other than author, a NOC, in original mat be provided to the office, (from heir(s) if the person is deceased / from guardian in case of minor).
  • from the original author, in case the applicant is not the original author.
  • The company / firm cannot itself be the author of the work. Therefore NOC from the directors to be furnished in favour of the applicant.
  • If the work is initially published by someone other than the applicant, NOC in original be obtained from that person.

 

Patent Registration

A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for this purpose. The purpose of this system is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. Under the system, Patents ensure property a right (legal title) for the invention against which patent has been granted, which may be extremely valuable to an individual or a Company. Patent right is territorial in nature and a patent obtained in one country is not enforceable in other country. The inventors/their assignees are required to file separate patent applications in different countries for obtaining the patent in those countries.

TYPES OF PATENT APPLICATIONS

  • Ordinary Application
  • Application for Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent).
  • Divisional Application (in case of plurality of inventions disclosed in the main application).
  • Convention application, claiming priority date on the basis of filing in Convention Countries.
  • National Phase Application under PCT.

 

WHO MAY APPLY
The inventor may make an application, either alone or jointly with another, or his/their assignee or legal representative of any deceased inventor or his assignee.   

 

Design Registration

A Design refers to the features of shape, configuration, pattern, ornamentation or     composition of lines or colors applied to any article, in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not include any trade mark or any artistic work.

The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.

A registered proprietor of the design is entitled to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty. Registration initially confers this right for ten year from the date of registration. It is renewable for a further period of five years. If the fee for extension is not paid for the further period of registration within the period of initial registration, this right will cease. There is provision for the restoration of a lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.    

 

Society/NGO/Trust

NGO or SOCIETY:

There are two types of Society and NGO's in India - State level and All India level. Before registering the NGO or Society you should know about the difference between both of them

STATE LEVEL means the society / NGO whose work area is confined within the state, in which it has been registered.  To register the same you need to provide the ID proof of Seven Member's (DL | Copy of Passport | Voter ID). Minimum two Members (President - Treasurer or Secretary - Treasurer) has to be from that state and rest five member's can be from any states. Two set of MOA of NGO or Society.

ALL INDIA LEVEL means the Society or NGO whose area of work is all India. To register the same you need to provide the ID proof of nine member's (DL | Copy of Passport | Voter ID). Two members (President - Treasurer or Secretary - Treasurer) has to be from same state and rest seven member's from seven different states. Two set of MOA of NGO or Society.

 

Company Incorporation

In India incorporation or registration of company is regulated by the Companies Act, and is administered by the Ministry of Corporate Affairs through the Offices of Registrar of Companies (ROC) in each State.

A company can be Private limited company or a Public limited company. A new form has also come up which is called LLP (limited liability partnership), though it’s kind of partnership firm but the process of registration is looked after by Ministry of Corporate Affairs.

Incorporation process starts by filing of application for approval of name along with main object of the company. Once, same are approved, other documents had to be prepared and filed with respective ROC for registration. After scrutiny of the documents and other submissions the ROC registers the Company and issue the Certificate of Incorporation.

Private Companies


A company formed by minimum two persons as shareholders having the following features:
  • Name of the company ends with the words 'Private Limited'
  • Minimum paid up capital INR 1,00,000 (1 Lac Only)
  • Minimum two Directors
  • Maximum number of members is limited to 50
  • Restriction for transfer of shares
  • Prohibits invitation to the public to subscribe shares of the company
  • Prohibits acceptance of deposit from the public.

Public company


A company which is not a private company. The minimum number of shareholders and directors required for registering a Public Company is 7 and 3 respectively. Subject to compliance of the Companies Act, there is no restriction as to number of members, issue and transfer of shares and acceptance of deposits.
Non Profit Organizations (under Sec 25 of the companies act)

A company registered with the following features:

  • Promotion of commerce, art, science, religion, charity
  • Prohibits distribution of profit / income among members
  • Registered with limited liability without addition of Limited / Private Limited to its name
Limited Liability Partnership (LLP)
The same has been defined under the head of ‘Firm Registration’

 

ISO Certifications

A third party certification means the management system is audited by an independent organization. Most ISO management system standards allow the implemented management system to be certified by a third party. The certification body audits the implemented system against the standard chosen, and certifies that the system complies with the said standard. The certification body conducts a desktop review / audit of the documented management system. Upon satisfactory compliance the certification body issues a Certificate valid for 3 years. During the 3 years tenure, the certification body conducts continual assessments / surveillance audits of the certified management system. After 3 years, the organization applies for certification continuation / re-certification
Types of Certifications:

  • ISO 9001:2008
  • ISO 14001:2004
  • ISO22000:2005
  • ISO 14001:2004
  • ISO 22000:2005
  • ISO 13485:2003
  • ISO 27001:2005
  • ISO 20000:2005
  • ISO 28000:2007
  • ISO 10002:2004
  • OHSAS 18001
  • GMP Compliance
  • CE making
  • HACCP

 

FIRM Registration

Partnership Registration:

In India a partnership firm is registered under the Indian Partnership Act 1932. There has to be more than 2 partners in the firm. The requirement to register the partnership Firm:-

  • ID proof of all the Partners - Voter ID or DL or Passport
  • Name of the firm
  • Nature of the business
  • Share holding pattern of each partner
  • Address of the registered office
  • Ownership proof of the registered office
  • NOC from the owner of registered office

Proprietorship Registration:

In India a proprietorship which is also called a Sole Proprietorship Firm is register under the Indian Proprietorship Act 1908. The requirements to registered a proprietary firm:-

  • Name of the proprietor/owner
  • ID proof along with 2 photographs of the prop.
  • Address of the firm
  • Proof of the ownership of the address
  • NOC from the owner of the address
  • Name of the Firm
  • Nature of business

Limited Liability Partnership (LLP)

Limited Liability Partnership entities, the world wide recognized form of business organization has been introduced in India by way of Limited Liability Partnership Act, 2008. A LLP combines the advantages of both the Company and Partnership into a single form of organization. In an LLP one partner is not responsible or liable for another partner's misconduct this is an important difference from that of a unlimited partnership. In an LLP, all partners have a form of limited liability for each individual's protection within the partnership, similar to that of the shareholders of a corporation. However, unlike corporate shareholders, the partners have the right to manage the business directly. A LLP also limits the personal liability of a partner for the errors, omissions, incompetence, or negligence of the LLP's employees or other agents.
Limited Liability Partnership is managed as per the LLP Agreement, however in the absence of such agreement the LLP would be governed by the framework provided in Schedule 1 of Limited Liability Partnership Act, 2008 which describes the matters relating to mutual rights and duties of partners of the LLP and of the limited liability partnership and its partners.
LLP has a separate legal entity, liable to the full extent of its assets, the liability of the partners would be limited to their agreed contribution in the LLP. Further, no partner would be liable on account of the independent or un-authorized actions of other partners, thus allowing individual partners to be shielded from joint liability created by another partner’s wrongful business decisions or misconduct.
We at intellect can help you in creating a LLP firm.

 

 
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