KNOWLEDGE

UNREGISTERED WILL – STATUS AND ADMISSIBILITY

It is of common knowledge that a “Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. We are often posed with various questions by our Clients, especially the Non-Resident Clients whose old age parents still live in India, pertaining to the mode and manner of execution as well as the validity of a Will so executed and/ or to be executed, such… Read More »UNREGISTERED WILL – STATUS AND ADMISSIBILITY

What is the extent of the power of the Administrator of a co-operative housing society? Know your society as a member.

If an administrator happens to be appointed in you housing society there are a few things which you must know irrespective of the fact if you are a member of the society or an ex-office bearer. The very first and foremost thing to know is that the appointment of the administrator is a temporary arrangement, usually to last for four to six months. Since his very appointment is temporary, it is necessary for him to prepare a voter list and… Read More »What is the extent of the power of the Administrator of a co-operative housing society? Know your society as a member.

Can the proceedings under Section 138/ 141 of Negotiable Instruments Act be initiated against a company in respect of whom a moratorium in terms of Section 14 of the Insolvency and Bankruptcy Code has been initiated?

For the period of moratorium the moratorium provision contained in Section 14 of the IBC would apply only to the corporate debtor therefore no proceedings under Section 138/141 of NI Act can continue or be initiated against the corporate debtor because of the statutory bar provided therein in IBC. However, such proceedings can very well be initiated or continued against the persons mentioned in Section 141(1) and (2) of the Negotiable Instruments Act as the moratorium provision contained in Section… Read More »Can the proceedings under Section 138/ 141 of Negotiable Instruments Act be initiated against a company in respect of whom a moratorium in terms of Section 14 of the Insolvency and Bankruptcy Code has been initiated?

What is Evidence?

Evidence – Oral and Documentary We often come across such phrases consisting one of the following expression i.e., best evidence, circumstantial evidence, corroborative evidence, derivative evidence, direct evidence, documentary evidence, hearsay evidence, indirect evidence, oral evidence, original evidence, presumptive evidence, primary evidence, real evidence, secondary evidence, substantive evidence, testimonial evidence, heresy evidence, etc. and often get puzzled by this broad classification of evidence. Though, in the definition of the word “evidence” given in Section 3 of the Evidence Act one… Read More »What is Evidence?

Whether the proceedings u/s 27 of the Consumer Protection Act can be initiated against a company in respect of whom a moratorium in respect of Section 14 of the IBC has been declared?

The proceedings under Section 27 of the Consumer Protection Act can be instituted and continued against a corporate debtor, which has failed or omitted to comply with an order passed by a Consumer Forum and in respect of whom a moratorium under Section 14 of the Insolvency and Bankruptcy Code is declared by the Adjudicating Authority; The proceedings under Section 27 of the Consumer Protection Act can be instituted and continued against the persons in-charge of and responsible to the… Read More »Whether the proceedings u/s 27 of the Consumer Protection Act can be initiated against a company in respect of whom a moratorium in respect of Section 14 of the IBC has been declared?

How the property devolves in Hindus in India?

As per Mitakshara system of inheritance the Property in Hindus devolves in following two ways:- By Survivorship – joint family property – every member has undivided share. By Succession – held in absolute severalty by last owner. HINDU SUCCESSION ACT, 1956 is the codified law of ‘Intestate Succession’. As per Section 30 of the Act of 1956 ‘any Hindu may dispose of by will etc. any property, capable of being so disposed of, in accordance with the provisions of… Read More »How the property devolves in Hindus in India?

CAN A FAMILY SETTLEMENT, WHICH IS UNREGISTERED, BE ENFORCED BY COURT OF LAW?

CAN A FAMILY SETTLEMENT, WHICH IS UNREGISTERED, BE ENFORCED BY COURT OF LAW? By virtue of the Registration Act, 1908 (in short, the Registration Act), the enactments relating to the ‘registration of documents’ were consolidated. The Registration Act provides for the ‘Registrable Documents’, ‘Time of Presentation’, ‘Place of Registration’, ‘Effect of Registration and Non-Registration’ ‘Penalties’ etc. In simple words ‘registration’ means the process of recording the particulars of a document into the ‘book’ provided to every registering officer by… Read More »CAN A FAMILY SETTLEMENT, WHICH IS UNREGISTERED, BE ENFORCED BY COURT OF LAW?

WHAT IS F.I.R.?

1 )What is an F.I.R ? F.I.R. means ‘First Information Report’, made to police, about commission of a cognizable offence. Police is duty bound to reduce any such information about the commission of any act or omission made punishable by any law into writing and read it over to the informant. Further, it is mandatory to give a copy of the first information report as recorded by police to the complainant or informant free of cost. In other words we can say that an… Read More »WHAT IS F.I.R.?

“THE SUPREME LAW OF THE LAND”

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation….”This is the preamble of the supreme law of the land, i.e. the Constitution of India, which serves the following:… Read More »“THE SUPREME LAW OF THE LAND”

TRANSFER OF IMMOVABLE PROPERTY (GPA SALE)

I have been dealing with queries/ cases related to property and property disputes and often come across queries /cases which involves transfer/ sell of immovable property through an ‘alternate mechanism’ [a) a General Power of Attorney (GPA, in short), b) an Agreement to Sell and c) a Will], instead of the execution of a proper and valid conveyance deed, i.e. Registered Sale Deed. The dispute/s arises when the owner with title of the property presents a suit terming the GPA… Read More »TRANSFER OF IMMOVABLE PROPERTY (GPA SALE)