it is well settled when the attorney expires his/she"s signed power of attorney becomes legally in valid,
Query, does this same principle/law apply to the MoU (unregistered) of family settlement in respect to the immovable property, when one of the beneficiary dies , does the MoU In question become Legally invalid-?

Answer now

15 January 2019 at 14:23

Eligibility for up obc certificate

Dear sir
I born and brought in up but from last 2 year our family have shifted to other state. Now i need central caste obc certificate.

1) can i get central obc certificate from UP i have father voter id ration card and proof to show that we are resident of up.

2) But no one from our family leave there at UP should we take a room on rent for certificate issue or authoirty issue that certificate simply on basis of document and filed verification that we lived in UP FOR FOR 20 YEAR AND OUR NATIVE STATE IS UP. I M UP RESIDENT BY BIRTH

Answer now

08 January 2019 at 06:18

Letter of continuing security

Bank ask my company to pay stamp duty on letter of continuing security relating to the CC limit, my query is only about is it necessary to pay stamp duty on letter of security because I ask other banks they said Rs. 500 stamp duty need to pay but when I ask my bank from which I took CC limit they said to pay 0.2 percent on total amount. However my company already paid 0.2 percent stamp duty on deed of hypothecation relating to same CC limit. Request to expert kindly guide me on above how much stamp duty need to pay in Maharashtra.

CS Roshan Kalmegh

Answer now


There is a property in the name of my uncle who passed away recently.

They have only one son who is a US Citizen and does not want to have a share of the inherited property and is currently in India temporarily.

Hindu Law applies here and There is NO WILL

The parents of the deceased are not alive The only family members are : Deceased, Deceased's wife, their son, their daughter in law, their grand-kids who are well below 10 yrs of age (I assume the grand-kids need not to be involved here as they are minors)

The process for the transfer of Khata is :
Transfer property jointly in name of deceased's son and wife (all the legal heirs)
Transfer property in name of a single family member with an NOC affidavit from the other legal heirs (No Gift deed needed)

In this case, to transfer the property to deceased's wife name, the authorities will demand an NOC Affidavit from the other legal heir i.e, the son who is A US Citizen
Hence, can he provide an affidavit on an Indian Stamp paper sworn in front of an Indian Notary even though he is a US Citizen?
Should he get the affidavit done in US local state, get it notarized and Apostiled there and Attest it by Indian Embassy and send it to India?

Also, do the same rules apply for a general Power of Attorney (POA) as well ? (For other transfers like Electricity, Water Supply etc)

Thank You

Answer now

24 November 2018 at 08:33

"barred" under law

Dear experts kindly read the following-- as i wish to understand--why the PoA has been rejected by the court.

Subhash Chandra had on November 17, 2016 moved the court through a power of attorney to Gulshan Kumar Sachdeva, seeking prosecution of Mr Kejriwal for allegedly defaming him by levelling false allegations in the wake of demonetisation
A Delhi court on Saturday discharged chief minister Arvind Kejriwal in a defamation complaint filed by Rajya Sabha Member of Parliament or MP Subhash Chandra, saying Mr Chandra had not followed proper procedure while filing his plea.Additional Chief Metropolitan

Magistrate Samar Vishal granted the relief to the Aam Aadmi Party chief, noting that Mr Chandra had filed the complaint through a power of attorney which is "barred" under law.

The court said that Mr Chandra was at liberty to file a fresh complaint in accordance with law."Hence proceeding further with this case will be a futile exercise as this case is also filed through power of attorney. Accordingly the accused Arvind Kejriwal is discharged from this case," the court said.

Answer now

11 October 2018 at 17:10

Validity of family settlement

a family member died after signing a MoU of family settlement,(unregistered) pertain g to undivided family property .- query is what is the Legal status /validity of the family settlement in this case?
this is not a academic question , .a reply would be highly appreciated

Answer now

Is it mandatory to disclose details about distribution of wealth in the will, if the main intention of creating the will is to declare legal heirs. will it be sufficient if we just mention so and so persons are my legal heirs and my wealth is to be distributed equally among them, without disclosing or mentioning about assets and distribution of wealth. Thank you.

Answer now

21 September 2018 at 10:00

Regarding obc certificate and domicile

I applied for obc certifacte from the current state 'X' where my family has been settled for 50 years.But the authorities declined my request as they said my cast is not in the list of obc in state X and now I am applying for the same in my ancestral state 'Y'.I 've two queries
1) I am using my aadhar card ,ration card issued in state X for getting my obc certificate from state Y(my ancestral village where my grandfather's name is mentioned in tehsil records).Will there be any problem?
2) someone has told me that even if I get obc certificate I can't use it for one year because the cast certificate should be issued one year before the current job openings date.Is it true?

Answer now

20 September 2018 at 10:45

Execution of lease deed by nri

Dear Advocates!

Kindly suggest me that can a NRI execute a power of attorney from his domicile country to execute a release deed in Tamil Nadu? is it acceptable by the Registering authority?

Thanking you.

Answer now


  LAWyersclubindia Menu