Sajid
06 June 2010 at 13:51
sir,
Generally, we typed the agreements in Stamp Papers, like this we go to partnership deed, rental agreements , mortgage deed, sale agreements etc. Sometimes we register this with Registeration Departments, sometimes not.
Please let us know, which is correct to do. To Register or Not to Register with Registeration Departments.
Baskaran Kanakasabai
06 June 2010 at 13:00
Is the matter of disparity of legislation regarding land acquisition laws referred to in my proposed letter worth referring to the International Council of Jurists?
copy of proposed letter:
To
The International Council of Jurists,
Regd. Office: 24, Buckingham Gate, London, SW1E 6LB
Honourable Ladies and Gentlemen,
The following is my legal theory:
“Any law authorizing compulsory land acquisition in any country is said to be flawed if it does not prescribe the compulsory registrability of the LA notification, unless the same prescription is expressly ensured and envisaged by some other law of the same land.
If any such flawed law is in force in any country the constitution of which guarantees justice to all its citizens, then such law is unconstitutional and therefore void.”
I request you to kindly examine it and let me know as to whether the theory is right or wrong after going through the following argument and explanation in favour of the theory.
If any action is intended not to happen, it is the responsibility of the law-makers to expressly prohibit and prevent the happening of such action by legislation.
For instance, if an authority does not want people to enter a particular road, a ‘no entry’ board should be erected at the entry of such road and the road if possible should be barricaded.
On the contrary, if such authority, does not erect a ‘no entry’ board, does not barricade the road and further certifies that the road is good for entry and collects a fee for such certification and allows entry and collects a fee for entering so and later declares such entry as illegal and punishable heavily, there should be something drastically and basically wrong with the very logic of the authority.
If a government does not intend registration of alienation of title of registered lands and registration of mortgages on registered land to happen, after such land is notified under land acquisition, then it is absolutely essential for such government to register its lien on such notified land at the time of such notification itself, in the register of the Registrar to such effect that such notified land is vested with the government by virtue of the land acquisition law of that land and therefore all transactions are expressly forbidden on such land.
In that respect I would like to draw two good examples of registrability.
1. The scent marking behaviour of animals( with faecal remains and urine)on the territory won by the victorious animal after a territorial fight is a fine although, wild example of registration of lien/title on land.
2. The unhoisting of the flag of the loser and hoisting of the flag of the winner done by victorious troops in human battles is another good old example of registration of lien/title on land.
Registrability is an important legislative tool used in the designing of a law of land acquisition. That tool enables the designers of law to incorporate a rule or section (in the LA law) that prescribes that notification under LA is compulsorily registrable. By doing so, they ensure that the title of the last registered owner of the land intended to be acquired is extinguished thereby incapacitating such person from alienating his title to any one else or mortgaging it with anyone else. They also ensure through such registration of notification that the title vests with the government without anymore fresh encumbrance. They also ensure the elimination of the possibility of innocent people (who are unaware of LA proceedings pending behind a land notified under LA) getting trapped in to the vicious ambit of the LA law by buying such notified lands.
Examples of perfect application of such a theory:
1. Mauritius
2. New Zealand
3. South Australia
4. Ohio State(USA)
(These are only few examples, there could be many more countries on either side of the illustration)
In all these three countries and one state of the USA, the respective land acquisition laws prescribe that notification under LA is compulsorily registrable and therefore the possibility of alienation/mortgage of title of registered lands is prevented and innocent people are prevented from purchasing such notified lands.
Example of perfect non-application of such a theory:
1. India
In India notification under LA is not compulsorily registrable therefore the LAA, 1894 is flawed. Innocent people who are unaware of the LA proceedings pending behind a land, happen to buy such notified lands and later their title is declared void by courts thus depriving such innocent buyers of their fundamental right to property without any compensation at all.
When compulsory registrability is not prescribed by an LA law( as in the case of India),
the title of the originally notified person remains unextinguished(even after such unregistered LA notification), leading to alienation of title of lands to innocent people who are unaware of the LA proceeding pending behind such lands. When courts declare such alienations void, such innocent people are deprived of their fundamental right to property without any compensation and are thrown out of their houses built in their lands which is absolute injustice. Thus such flawed laws become unconstitutional and void.
In this respect, the following portion quoted from the Scottish Law Commission’s ‘Discussion Paper on Land Registration: Void and Voidable Titles’ ,February 2004 is very right:
“Title flows from the Register and by definition the Register cannot be wrong”. That effectively means that the Register cannot be wrong as long as every lien or claim is registered.
In this respect it will be very relevant to note the following emphatic and express definitions:
1. Ref: The Hong Kong Land Title Ordinance :
Sec 16:“Entry in Title register constitutes notice to all persons.
All persons are deemed to have notice of every entry in the Title Register.”
2. Ref: The Registration Duty Act of 2007 of Mauritius:
“ a deed of transfer includes a notice witnessing the compulsory acquisition of property under the Land Acquisition Act"
3. Ref: http://codes.ohio.gov/orc/5309
5309.71 Proceedings in eminent domain.
When registered land, or any interest therein, is sought to be taken in the exercise of the right of eminent domain, notice of the proceedings, shall be filed with the county recorder, and a memorial made on the last registered certificate of title of the lands sought to be appropriated.
5309.34 Transferee of registered land not on notice or inquiry.
Such transferee shall not be affected with notice, actual or constructive, of any unregistered trust, lien, claim, demand, or interest. The knowledge that any unregistered trust, lien, claim, demand, or interest is in existence shall not of itself be imputed to such transferee as fraud.No unregistered estate, interest, power, right, claim, contract, or trust shall prevail against the title of a registered owner.
4.Ref: Public Works Act 1981, of New Zealand:
(7) A copy of the notice under subsection (1)(b) of this section shall be lodged with the District Land Registrar and he shall register it without fee against the certificate of title affected.
5.Ref: The Land Acquisition Act, 1969 of South Australia:
14—Notice where land is under the Real Property Act
(2) The Authority shall cause a copy of each notice of intention to acquire land to be
served upon the Registrar who shall thereupon enter a caveat upon the title to the
subject land forbidding all dealings with the land without the consent in writing of the Authority
Whereas in India, there is no requirement of compulsory registration of notification u/s 4 (1) of Land Acquisition Act,1891. The Act is preserved like an antiquity with the original flaw and without an amendment to rectify the flaw for the last 116 years. Notification is not registered, alienation is registered by the government even 40 years after notification and courts declare such unregistered notification as valid and registered alienation as void , 10 years after such alienation and thousands of innocent citizens are delivered injustice in the name of a flawed law year after year for over a century, making a mockery of the theory of Registration and the very theory of justice by almost proving the inverse ratio of Sir William Blackstone through judgments.
Now ladies and gentlemen, kindly examine the aspect of registrability of notification of LA in the LA laws of the five lands listed above and kindly let me know as to whether my theory is right or wrong.
If found right, kindly initiate steps to promote uniformity of the legislation and of the judicial decisions in all civilized nations in respect of Land Acquisition laws, since it happens to be one of the main objectives of your organization.
Thanking you!
Sincerely,
Baskaran Kanakasabai
N.B: Kindly note that this is a little contribution from a layman for the cause of true justice.
Rauf Sayyed
06 June 2010 at 12:59
We have one Rationing distribution shop in our society and wish to have seperate water connection at the cost of society.
Whereas we have provided common toilet bathroom with water connection to all the four shop owners
I would like to request to guide whether we need to provide him seperate connection or not. If yes then underwhich bye-laws and vice versa.
Thanking you,
With warm Regards
Rauf Sayyed
Secretary
SHAGUN CHS. LTD.
MIRA ROAD (E)
THANE
Anonymous
06 June 2010 at 12:58
Dear Friends of the forum,
Please clarify me, whether a person can give his property to a Daughter, whom he had given in Adoption . This ( Willed ) property came to him Through a WILL.
With Regards &
Thanking you All, Expecting Straight and Quick reply Please!
Anonymous
06 June 2010 at 11:14
Dear Sir,In December my boss sent me on tour while returning from tour i got an accident. I got a fracture in my elbow. for that i have to got for operation and i took two month rest for post operation recovery and physiotherapy. My organization didn't pay salary for that period.after joining i submitted my bills to hr department.The organization didn't pay me any claim, any reimbursement and any payment for the period when i was on rest for post operation recovery...after that my organization transfered me another place. I did my job there. Now I needed another operation to remove steel accessories fitted in my elbow.On 1st June,2010 , I applied for leave for the same operation by email. At the same day my senior asked me verbal to hand over the document which i was having.i gave them all documents. for next four day i was not assigned any job..On morning of 4th June I was asked by mail to go to HR department.I meet HR on 5th June.2010. My HR manager asked me that we don't need you please don't come from tomorrow to the office. he didn't gave me any thing in written..........Now what should i do?? i have three issue........my medical reimbursement......my salary for the rest period( 2 month) due to medically unfit. My termination.....please help me.......
P.S.Subbaraman
06 June 2010 at 10:20
My client is publishing online news through internet and has registered his domain in USA. Any other formalities to be observed by my client as per Indian Law?
Anonymous
06 June 2010 at 07:26
MY FREIND IS ADIVASI AND TO SAFE GUARD INTEREST OF CAST ON TWO COUNTS ONE CAST IS POOR AND SECOND THERE ARE UNEDUCATED PEOPLE LAW HAS BEEN FORCED THAT LAND OWNED BY ADIVASI CAN NOT SALE FREELY BEFORE TAKING PERMISSION FROM THE STATE GOVERNMENT.
NOW MY FRIEND WHO IS ADIVASI AND WANTS TO DO BUSINESS OF LAND. BOTH CRITERIA AS HE IS A WELL QUALIFIED PERSON AND NOT POOR AS OUT OF HE IS OWN INCOME PURCHASES LAND & WANTS TO DO BUSINESS OF PURCHASE/SALE OF LAND. NOW BECUASE OF SUCH ABSURD LAW HE CAN NOT SALE BEFORE PERMISSION OF STATE GOVERNMENT AND GRANTING PERMISSION TAKES ATLEAST 3 TO 4YEARS
I WANT TO FILE WRIT AND GET JUSTICE PLEASE GUIDE ME AND GIVE YOUR VALUABLE GUIDANCE AND NAME OF BEST ADVOCATED IN SUCH TYPE OF WRITE MATTER WHO KNOWS ADIVASI LAWS PROPERLY
Anonymous
06 June 2010 at 00:08
But the Lawyer , we have hired for the Divorce case has suggested us that there is no need of getting divorce since this marriage has not registered anywhere .
Your lawyer is absolutely wrong and has given a bad advise.
1. Do I need to get divorce from him for my safe future.
Absolutely yes.
2. If yes, where can I file divorce case against him ..in Civil court or Arya samaj.
In civil court.
3. If no, can I re-marry in future without getting divorce from him.
Not advisable since you are inviting trouble.
4. What are the procedures of getting divorce .
Talk to your husband for mutual consent or you will have to contest the divorce.
5. Can he file any case against me ,if I remarry somebody without getting divorce from him .
Absolutely yes for bigamy.
Thankx a lot sir for reply
Kindly advise me Reference or Law section under which i can file case of Divorce ..
Please reply..
Kulbir Singh Bahri
05 June 2010 at 23:46
My brother got married in 1993 and filed divorce petition in 1994. Thereafter the lady filed complaint under 498-A also. My brother changed nomination for Gratuity in 1994 favoring mother and father mentioning against both the names:
Mother - Full
Father - Full
My brother expired in 2010. On request of my mother release of Gratuity was processed in favor of my brother for full amount as his father got expired in 2000.
The audit department declared the nomination as invalid because of mentioning full amount against both names.
Now question is this that both mother and father were Family members who were nominated. Since father is expired, mother is entitled for full share.
Assuming father would have survived, in that case the full share would have been paid either to mother or father. Now where is the question of invalid nomination.? What we understand that invalid nomination has been mentioned at the behest of some mischeaveous element. Kindly clarify and give us your valuable comments to put in our represnatation?
Regards,
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