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civil law


Condonation of delay

Sec 5 of limitation Act. Appellant fialed to explain the delay in filing the appeal. When appeallant failed to explain property regarding dealy in filing appeal then delay could not be condoned. Hence while filing an appeal against the judgement and decree after the limitation, it is the duty of the appellant to explain the delay with proper reasons...

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PROBATE OF WILL & PROCEDURE TO OBTAIN PROBATE

PROBATE OF WILL & PROCEDURE FOR PROBATE – A GLANCE Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity..

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INHERITANCE UNDER HINDU LAW

Succession in the Hindus is governed by the Hindu succession Act, 1956, which bases its rule of succession on the basic principle of propinquity, i.e., preference to heirs on the basis of proximity of relationship. Earlier females were excluded, however this rule of exclusion of females has been done away with. The law of intestate succession is concerned with matters as to who are the Heirs, ..

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Hindu Law - Joint Family Property

joint family property Alieanation by the Karta or manager without legal necessity-Joint famly is not bound by the transcation. When property of the joint family sold by the karta or manager of the joint family without having any legal necessity such sale does not bind on the other persons of joint family. If the joint family property sells for legal necessity of the joint family then such sa..

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Indian Easement Act

Sections 13, 13A, 14 Easement of necessity means absolute necessity convienience is not the test, but what is required is absolute necessity. When a person uses the alternative passage on the other side of the passege such being the case, it cannot be said that the suit passage in question was a matter of necessity as per sec 13 and 14 of the indian easement act- Unless it is matter of necessity..

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Property Disputes Register

To know whether there are “Encumbrances” or any other transaction on immoveable properties we are taking the help /services of Registration Office and applying for Encumbrances Certificate and the SRO Office are now Computerized and We are getting EC on the same day within hours . To know whether there is a suit or not - against immoveable property, generally it is to be verified..

Posted in articles |   2011 Views


easementary right

Easment by Prescription is one of the rights. A person who is enjoing the right of way by more than 20 years without any obstruction by the person in whose land a person pass thru., but  one exception for this is: if such person having another way then he cannot claim easementary right by way of prescription. It is reported in AIR 2005 SC 237 Easement Act((5 of 1882..

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Easmentary Rights.

Easement by way prescriptive Right. when a person enjoying the way for more than 20 years without interruption with a knowledge of the owner of the land on which the way passes, in such cases person enjoying the way has got easement by prescription. If the owner obstructs the same, then the person who calims easementary rights must file a suit for declaraion and injunction..

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MAXIMUM RETAIL PRICE AND CONSUMER

MAXIMUM RETAIL PRICE AND CONSUMER Introduction:- In todays scenario it is usually found that..

Posted in articles |   1 comments |   5226 Views


Consumer Protection & Law- A General Study From India's Perspective

Consumer Protection & Law - A General Study From India's Perspective By Subhojyoti Acharya THE CONSUMER PROTECTION ACT, 1986, a basic focus- The Consumer Protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. The main objective of the new law is to provide for the better protection of the consumers unlike existing laws, which are puni..

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Women's Right to Property in India

 Women's Right to Property in India By Rakesh J Saxena   Several legal reforms have taken place since independence in India, including on equal share of daughters to property. Yet equal status remains illusive .Establishment of laws ..

Posted in articles |   4468 Views


The power to condone delays

While laws are to be complied with, the time by which actions need to be taken should be mentioned. Failure to do so makes actions time-barred to the prejudice of the parties concerned. However, powers to condone delays vest in the authorities concerned, which must be exercised in a liberal and pragmatic manner. Courts have said that pedantic views should no..

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DOCUMENTS WHICH DO NOT REQUIRE REGISTRATION

  There are several documents which are not compulsorily registerable under Section 17 of the Registration Act.. Some of them require high stamp duty under the Karnataka Stamp Act and some of them do not. Even the ones which require high stamp duty, if they are under stamped, can be rectified later by..

Posted in articles |   3170 Views


Eviction of tenants

The eviction of tenants was permissible on following grounds. s..

Posted in articles |   1 comments |   2161 Views


Personal Injury Lawyer - Do We Need Them?

Personal Injury Lawyer - Do We Need Them?  Following an accident you'll hear a person say that they don't need to see a personal injury lawyer, TOO expensive! In this article we..

Posted in articles |   1478 Views




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