why you want to file directly in hc
Yet not got the answer regarding Correspondence LLB......Me too interested in just giving exams of LLB and geting the membership of Bar Council..IS IT POSSIBLE???
Mr.V.T.Venkataram sir.. kindly provide me your email address and telephone no. so that I can contact you as I have few queries. Please provide. I greatly appreciate it. I heard that you are one of the best consumer activists, and I want your suggestions in getting a good advocate to file a suit. I need your suggestion. Please provide me your contact information. Please Reply. Manjulanathan.
Can anyone tell how to deisprove an fasle allegation bythe police by sieze a fasle deadly weapon(local sword)
but the complainant does have a small abrasion(Scratch) actually accused didnot hurt him but the complainant only hi him and filed a counter case. police bribed what to do help me out with any citiations to say that the elation of finger print of weapon and the accused or the injury and the weapon used.
I am planning buy a 1-acre agriculture land near to chennai...
The property belongs to person "X" (got from his father and brother through family settlement at Sep-1955)
"X" died at Dec-2000 (Have only one daugther "Y", father death details were conformed through death and legalarship certificate mentioned as only one daughter)
"Y" having two minors ("Y1" and "Y2")
"Y" given GPA to person "A" on June-2006. (without any court order for minor "Y1" and "Y2")
At same time "A" registered the land on his wife name "B" on Aug-2006 (without any court order for minor "Y1" and "Y2")
Now the land is coming for sale from the Party "B", still it is under bank loan (conformed through E.C.)
1. If i purchase the land from party "B", in future is their any possibility of challenges need to face from minors "Y1" and "Y2", because their is no court order during GPA.
2. Is their possiblity of including any NOC or any other registered document from person "Y" during my registration from person "B"
3. Pls tell me Is their any safe way of registering the land..
Your quick reply is more appreciable..
Relinquishment deed is a one of the modes of transfer of property. By way of relinquishment deed, one or more join owner can give up/relinquish/release his /their share in a immovable property to one or more joint owners.
The next term which is required to be understood is "transfer". This term is defined specifically under the Income-tax Act but not in any of the Acts mentioned in para 1 above. Although the term "transfer" would be understood in the general sense of conveying or passing or making over the title from one person (the Owner) to another, it is used in a much wider sense under the Income-tax Act. According to the said definition in section 2(47) of I.T.Act, "Transfer" in relation to a capital asset includes:-
sale, exchange or relinquishment of the asset; or
extinguishment of any rights therein; or
compulsory acquisition of the asset under any law; or
conversion of the capital asset into stock-in-trade of one's own business;
transaction u/s. 53 A of the Transfer of Property Act i.e. allowing possession of any immovable property to be taken or retained in part performance of the contract; or
any transaction e.g. by way of becoming a member of a society, company etc. or any agreement or arrangement which transfers or enables enjoyment of the immovable property to another person.
It will be seen that the last part is similar to the definition referred to in section 269 UA of the I.T.Act. In fact, explanation at the end of clause 2(47) clarifies that the meaning of "immovable property" for purposes of (v) & (vi) above will be the same as in section 269UA (d) of the I.T.Act.
As will be seen from the definition above that the first three meanings at (i) to (iii) above refer to the transfer as generally understood. The words Sale, Exchange, Relinquishment or extinquishment are not defined or explained in the Income-Tax Act, but are so explained in the Transfer of Property Act. We may, therefore, see how they are explained in the T.P.Act.
It means extinction of rights or interest in property. It may not amount to transfer of property if it is in favour of a person having interest in property. It amounts to transfer if it is in favour of a person who has no interest in the property.
Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered:
Instruments of gift of immovable property.
lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.
Under Section 2(6) of the Registration Act, 1908 the term "immovable property" includes: "land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not standing timber, growing crops nor grass."
Hence registration of relinquishment deed is mandatory.
Elements of gifting property
Gift is the transfer of certain existing moveable property by one person to another, wherein the transfer is voluntarily and without consideration. The donee must accept the property from the donor. In case the donee dies before acceptance, the gift is void.
Elements of gift deed
However, there are certain points to kept in mind while gifting/drafting gift deeds.
According to Section 122 of the Transfer of Property Act, the essential elements of a gift are: transfer of property, movable property, and absence of consideration, by donor to donee, subject matter of transfer, and acceptance.
There cannot be a ‘gift’ without giving or taking, which are two contemporaneous and reciprocal acts that constitute a gift. In order to constitute a valid gift, the pivotal requirement is acceptance thereof. No particular mode of acceptance is required but fact of acceptance can be established by different circumstances such as donee taking a property or being in possession of deed of gift alone. If the donor handles over a document of gift to him after its execution or registration in favour of donee, it amounts to a valid acceptance of gift.
Rules for minors
Any person who is sui juris can make a gift of his property and be a donor. A minor, being incompetent to contract, is incompetent to transfer, thus a gift by the minor would be void. A natural guardian can accept a gift, on behalf of a minor, containing a condition that the person nominated in the gift deed shall act as a manager of the gifted property. Such acceptance would amount to recognition by the natural guardian of the natural guardian of the nominated person as the manager or the agent of minor for the purchase of such property.
Qualification for gifting
Soundness of mind and majority are important qualifications required for making a gift, and person must make a gift with his free consent to be valid. A minor can be a donee or receptor of the gift. But if the gift is onerous, the obligation cannot be enforced against him while he is a minor. Bu when he attains majority he must either accept or return the gift may be accepted by or on behalf of the donee, who can also be a minor; but the donee must be an ascertainable person.
Items as gifts
The subject matter of the gift must exist movable or immovable property, and can be land, goods, or actionable claims. It must be transferable but it cannot be future property. In order to constitue a valid gift, there must be an existing and tangible property. There must be a voluntary transfer of property to another made gratuitously and without consideration.
A gift is a transfer without any element of consideration and complete absence of monetary consideration is the main hallmark. Where there is any equivalent of benefit measured in terms of money in respect of a gift, the transaction ceases to be a gift. Love, affection, spiritual benefit and may enter in the intertion of the donor to make a gift.
Even when registered instruments make a gift, the same has to be accepted by or on behalf of the donee to make it complete, failing which the gift will be bad. Law requires acceptance of the gift after its execution, though the deed may not be registered. The acceptance may be signified by an overt act such as the actual taking of possession of the property, or such acts by the donee as would in law amount to taking possession of the property, where the property is not capable of physical possession.
Delivery of possession is an essential condition for an essential condition for the validity of the gift. However, it is not necessary that in every case there shold be a physical delivery of possession. Possession the delivery of which would complete a gift may be either actual or constructive. But the donor should divest himself completely of all ownership and dominion over the subject of the gift.
Gifting immovable property
Under Section 123 of Transfer of Property Act, a gift of immovable property, which is not registered, is bad in law and cannot pass any title to the donee. All documents should be stamped with appropriate non-judicial stamp and be registered as required under the India Registration Act. Mere delivery of possession without a written instrument cannot confer any title as a registered instrument can only make a gift of immovable property. A deed cannot be dispensed with even for a property of small value and attention by two witnesses is required. This provision excludes every other mode of transfer and even if the intended donee is put in possession, a gift of immovable property is invalid without a registered instrument.
Revoking of gifts
Section 126 of the Transfer of Property Act provides that a gift may be revoked if the following conditions are satisfied - the donor and donee must have agree that the gift shall be suspended or revovked on the happening of a specified event; such event must be one which dose not depend upon the donor’s will; the donor and donee must have agreed to the condition at the time of accepting the gift; and the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.
A clause in the gift deed totally prohibiting alienation is void. A gift, which was not based on fraud, undue influence or misrepresentation, and was an onerous one, cannot be cancelled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a competent court of law.
Dear Nisha, Your In laws have started already legal isssues.So you have to either join him or give written reply why you dont want to join him.
i think they have taken all your father's hard earned money, jwellery and now want to in be safeside.
File a case of Domestic violence and ask your all those money and jwellery back and live peacefully in your In-laws/husband's house with a protection order to get rid of all those harrassment/cruelty.
I am in to Gemstone business for the past 8years,i have lodged a complaint against a person,who has collected Rs75k worth of stones from me 16months ago,i have been waiting patiently for the past 16months for him to pay back.Now he has given me a writen document that he would pay me in 10 days.
After 10days neither he has paid nor he is responding to any of my call or the calls from the concerned SI who is inquring this case.
I have not collected any cheque from the paerson,but i have collected a writen document from the mediator and the buyer.
My question is how to proceed this case further?.
yes court requires additional evidence court.
Thanks for your reply. Can you please let me know a good lawyer to handle this issue in Chennai. Kindly help me with this I shall be grateful to you. Please Reply. Manjulanathan.
I accept your point, but generally all professional prefer writing dates when hey sing as it creates more reference to their signature. So in that case the last date written will be the execution date..
Pleaase send the maitenance amount by registered post. You can complain to registrar of socities or can approach the local civil court. In case of any cut in essentils like water supply, please approach human rights commission.
its a personal issue no one can advise its your personal decision whether you want to continue with this relation or want to end it.In the interest of child and future first advise is to try and work on resolving the relation through mutual talks with help of some family elders.
if yo think why he filed sec9 , it is clear he might be expecting a 498a from your side and to save from it he might have filed sec9 so forget about the case. I feel forget about the cases first think how you want to proceed.
legal steps wont leed anywhere but would take away peace and lead to endless litigation. if you want to end this relationship work on that course.
Is it possible to file a eviction case directly in chennai high court?
without filing in District civil court?
A tenant who's not paying rent & not vacating the residential house. there is no Agreement.
The land lord required house for his own use.the age of house is more than 50 years.
The land lord want's to demolish & build new for his & relative use.
Is there is any special judgements in favour of NRI land lords regarding the vacating the tenant?
Is it possible to file a eviction case directly in chennai high court?
without filing in District civil court?
A tenant who's not paying rent & not vacating the house. there is no Agreement.
the land lord required house for his own use.the age of house is more than 50 years.
the land lord want's to demolish & build new for his & relative use.
Once the document is marked, no discrimination lies in looking into or taking into consideration by the court.
Certainly, you can rely on it and substantiate your case basing on its contents.
I hate to put in public forums trail court Orders but to boost your morale I am placing a interesting order just to warm you up in order to make you self search 9 months back posts here where we had robust discussion on asked core question.
Yes there are several superior Court Orders from various States which more or less say so under both Act and Codes as asked in your brief before us. Baas ladaney wala hona chahiye............
There you go as your homework........
IN THE COURT OF MS. MADHU JAIN
ADDL. DISTRICT JUDGE
ROHINI COURT :
M No. 28/07
Sh. Neeraj Aggarwal – Petitioner
Mrs. Veeka Aggarwal – Respondent
1.. This is an order on application under Section 24 of Hindu Marriage Act filed by the applicant/ wife, respondent in the main case (hereinafter referred to as the applicant) against the non-applicant/ husband, petitioner in the main case (hereinafter referred to as the non-applicant) for grant of maintenance pendentelite and for litigation expenses.
2.. In the application it is stated that the applicant/ wife has no independent source of income and she is not given any kind of maintenance by the non-applicant/ husband to live her life properly and therefore she is facing much hardship in the life. The non-applicant/ husband has flatly refused to maintain her. The non-applicant/ husband is working in a private sector as a Senior Software Engineer HPC in STM Microelectronics Pvt. Ltd., Plot No.1 A, Knowledge Park-2 (near LG Gol Chakkar), Greater Noida and is earning about Rs. 80,000/-pm. He has no other liability and he is not discharging his responsibilities towards the applicant/ wife with ulterior motives to harass and humiliate the applicant/ wife. The applicant/ wife is the legally wedded wife of the non-applicant/ husband and, thus, being a husband, he is bound to maintain the applicant/ wife. The applicant/ wife is fully dependent on the mercy of her parents, who are having other liabilities also and she has no independent source of income to maintain herself. It is, therefore, prayed that the non-applicant/ husband be directed to pay a sum of Rs. 30,000/-pm as maintenance allowance pendentelite to the applicant/ wife and expenses of proceedings.
3.. The application has been contested by the non-applicant/ husband, who in his reply has stated that the applicant/wife is a well qualified graduate Engineer in the field of information Technology and just after the marriage she had joined the service of a private firm and was drawing a handsome salary as initially she was taking Rs. 5000/-pm. Now-a-days she is competent and qualified to earn thousands of rupees per month. She is a qualified trained engineer and she is self stand financially in all respects. The non-applicant/ husband has never neglected or refused to maintain her in any manner and she was duly maintained during her stay in her matrimonial home. The non-applicant/ husband is still ready and willing to provide financial assistance or maintenance if required or needed by her for any purpose in any manner. It is not denied that the non-applicant/ husband is also a qualified engineer and is employed in Greater Noida, U.P. but the actual amount of monthly salary being drawn by him is Rs. 45,000/-pm. It is stated that he has to maintain his retired father and ailing, diabetic mother and old grandmother and also to treat his two married sisters and to look-after his younger unmarried under-education sister of marriageable age as his younger sister is doing B.Ed. from a regular college. He is also paying loan premiums and other household expenses. The applicant/ wife has herself deserted her matrimonial home without any threats or atrocities caused to her by her in-laws and she is not returning to her matrimonial home despite the petition for restitution of conjugal rights filed by the non-applicant/ husband. It is stated that the non-applicant/ husband is publicly and openly as well as warmly welcoming the applicant/ wife to her matrimonial home but she has started demanding maintenance sitting in her parental home to feed her greedy parents and selfish relatives instead of returning to her matrimonial home and to assist the non-applicant/ husband and her other in-laws in her matrimonial home at the time of need. It is stated that the conduct, attitude and nature of the applicant/ wife is of such type that she is not entitled for any maintenance. Further more, she has also filed a separate petition U/s 125Cr. P.C. for maintenance only with a view to get the non-applicant/ husband harassed in a criminal court. It is stated that the applicant/ wife is not a helpless or poor lady and she is not incapable to maintain herself as she is a well qualified engineer and is already an earning hand. She is handing over all her income to her parents. She does not require any monastery assistance from the non-applicant/ husband as she is already having a good bank balance in State Bank of Bikaner & Jaipur at Rohini, Sector-5,
4.. I have heard the Ld. Counsel for both the parties and have carefully perused the record.
5.. During the course of arguments it has not been denied by the Counsel for the applicant/ wife that the applicant/ wife herself is an engineer graduate in the field of Information Technology. Ld. Counsel for the applicant/ wife submitted that the applicant/ wife submitted that the applicant/ wife joined the job for some time after the marriage but thereafter due to the marital disputes she is not in a position to pursue her job and has left the same. In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the Hon’ble Madhya Pradesh High Court has observed as under:-
“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has been enacted for purpose of providing monetary assistance to such spouse who is incapable of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service immediately with less efforts is not expected to remain idle to squeeze out his/her purse by cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on husband for demanding – pendente lite alimony from him during pendency of matrimonial petition.”
6.. In I (2001) DMC 19 titled Sangitaben Rasiklal Jaiswal Vs. Sanjay Kumar Ratilal Jaiswal, Mehsana, the Hon’ble Gujarat High Court has held that the wife is entitled for Free Legal Aid and therefore, the Court should keep in mind that wife is entitled for free legal services also.
7.. In the present case the applicant/ wife is a well qualified engineer and, therefore, there is no need for her to sit idle at home waiting for the maintenance from the non-applicant/ husband. In the peculiar facts and circumstances of the case since the applicant/ wife is well qualified and, therefore, can earn handsome amount by working and there is no need for her to be financially dependent upon her parents or on the non-applicant/ husband, she is not entitled for any maintenance. While hearing arguments on the application it was ordered that the maintenance shall be granted to the wife till the disposal of the petition. This sentence in order sheet dated 27.08.2007 only means that the wife is entitled for the maintenance from the date of filing of the application till the disposal of the main petition and not thereafter. It no where reflects that the wife shall be entitled to maintenance I every case come what may.
8.. Therefore, in view of the above said discussion, the application U/s 24 Hindu Marriage Act of the applicant/ wife is dismissed. There shall be no orders as to cost. File be consigned to Record Room.
Dated : 19.09.2007
here is the situation... Mr X jointly owns a self acquired property in delhi with his wife (50% share of each)... now he wants to transfer half of HIS Share (1/4th of total) to his wife and remainig half share to his Minor Son....
what is right course of action and why?
A) two relinquishment deeds... one in the favour of his wife and other in favour of his minor son
B) RELINQUISHMENT DEED in favour of wife and GIFT DEED in favour of minor son