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Can the gift be made of a property which is not in existence, i.e. of future property?

No. The subject matter of a gift must be a certain, existing, moveable or immoveable property. It could be anything such as, goods, any right, title or interest in any immovable property, which exists, or even an actionable claim. It must be transferable within the meaning of Sec.6 of the Transfer of Property Act. A gift of the right to management is valid. But a gift of the future revenue of the village is invalid. Release of a debt is not a gift; because it does not involve any transfer of property but merely a renunciation of a right of action.

The agreement to lease should contain the following particulars

• Parties to the deed. ("A lease right can not be created by a person who has
no title in the property. [Rentala vs. Chimmapudi, AIR 1967 SC1793]
• Details of the property to be demised
• Duration of the lease
• Price/premium, and/or lease rent/any other thing of value/share of crops etc.
• Periodicity/specific occasions when the payment would be made/services that
will be rendered.
• Date of commencement.
• Date of determination.

SOME ANSWERS FOR REGISTRATION AND STAMP DUTY QUIERIES


Every document that is to be registered shall be presented at the proper registration office by the appropriate person (the parties to the document), his representative or agent, duly authorized by a power of attorney, executed or authenticated, according to the procedure, laid down in the Act. Any person other than the parties also can present such document for registration provided the concerned party has executed proper power of attorney in favour of such person empowering such person to present the document for registration.

If a document is presented for registration by a person, who is not duly empowered to do so, the registration of the document becomes invalid. The Registration Act requires a power of attorney to be given to the agent by the principal, before it can be presented for registration. The absence of this renders the registration of the document invalid.

However, the Act itself provides for a remedy. When a person, who executes such a document, realizes that such registration is invalid, he can apply to the registrar or the sub-registrar within four months from the date that he is aware that the registration is invalid. Subsequently, he can apply for the re-registration of the document.
Registration acts as a proof that a transaction has taken place.

The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document.

When a document, which is compulsorily to be registered, is not registered, it fails to confer any title given by the document.

The real purpose of registration is to ensure that every person dealing with property for which compulsory registration is required, can confidently rely on the statement contained in the register, as being a full and complete account of all transactions by which the title may be affected. [Lachman Das v. Ramlal AIR 1989 SC 1923]

Registration is not proof of execution.

When the execution of a document is directly in dispute between two parties, the fact that the document is registered is not sufficient to prove its genuineness. Registration does not automatically dispense with the necessity of independent proof that the document was executed.

A certificate of Registration is mere evidence that a document has been registered. It is not proof that it has been executed.

Stamp Duties are taxes payable on every conceivable documented transaction. It is a form of revenue for a state. The proceeds of the duty are assigned to the state in which they are levied. It is payable when any property or other contractual transaction is entered into in India or even abroad. However, the subject matter of the transaction must be situated in India.

Stamp Duty is not payable on the following:
• documents, executed on behalf of the Government;
• testamentary documents;
• documents, required to be made for judicial or non-judicial proceedings;
• documents, filed in judicial or non-judicial proceedings.




If the lease is created for a certain specific period, can it be terminated before the specified period?


Sec.111 of the Transfer of Property Act, supplies the circumstances in which a lease could be determined. These circumstances could be summarized as follows:
• On the expiry of the period of lease;
• On the happening of an event, which is a condition for expiry
• On the happening of such event when the lessor's interest in the property terminates;
• When the persons holding the ownership and the lease become one and the same person, at the same time, own the right; this state is also known as a 'merger';
• When the lessee, expressly, yields up its interest to the lessor;
• In the case of an 'implied surrender,' i.e. by the creation of a 'new relationship' e.g. where the lessee becomes the mortgagee, the rights of the former remain in abeyance because his larger rights, as the mortgagee, come into effect. His rights, as the lessee, are restored when the mortgage is redeemed;
• When the lessee breaks the express condition giving the lessor the right to re-enter the property: when the lessee sets up a title detrimental to the interests of the lessor: or, when the lease stipulates that the lessor may re-enter the property when the lessee is adjudged insolvent. In such cases, the lessor may give the lessee notice to terminate the lease. This is, technically, known as forfeiture;
• On the expiry of the notice to terminate the lease or, to quit or, of information to quit duly given by either party to the other.

HINDU LAW AND GUARDIANSHIP

UNDER HINDU LAW IF A WOMEN (INCLUDING YOUR MINOR DAUGHTER) GETS PROPERTY IN ANY MODE IT BECOMES HER ABSOLUTE PROPERTY. NOW YOU HAVE NO RIGHTS TO CANCEL SUCH SETTLEMENT. ONLY OPTION AS A GUARDIAN IS SEEK COURT PERMISSION TO SELL THAT PROPERTY BY FILING CASE , CONSULT YOUR NEARBY ADVOCATE FOR FURTHER DETAILS


QUESTION= i and my mother who are the joint owners of a plot had settled th same in favour of my minor daughter (2 years old) round 3 years back. this,i had done as i was having losses in my yarn business. now i want to dispose the property to pay off my debts. can i revoke the settlement made in favour of my minor daughter?. the gaurdian to the minor are (1) myself (2)my mother and my wife.

LANDLORD AND TENANT

FOR ANY HARASSMENT FROM YOUR LANDLORD YOU HAVE TO FILE GRIEVANCES WITH POLICE.

IF YOUR LANDLORD IS NOT CO-OPERATIVE BETTER TO LOOK AFTER ANOTHER HOUSE. BETTER TO GET ADVANCE AMOUNT BACK AND HANDOVER POSSESSION.

IF YOUR LANDLORD MAKES ANY MOVES TO CONFISCATE AMOUNT IN ADVANCE TOWARDS ANY SILLY MATTERS COMPLAIN WITH POLICE AND SETTLE THE MATTER THERE.

NOW A DAYS RENT ACT FAVOURS LANDLORD, BUT IT ALSO GIVES PROTECTION FROM NEEDLESS HARASSMENTS. BETTER YOU FILE SOME COMPLAINT BEFORE HEAD QUARTER ASSISTANT IN DC OFFICE UNDER RENT ACT COMPLAINING YOUR GRIEVANCES. TO SETTLE THE MATTER YOR LAND LORD YIELDS TO YOUR LEGAL DEMAND.

QUESTION,
Three months ago i rented a house in B'lore and i have noticed landlord is putting various silly conditions, like a child(1yr) shld not make noise by dropping things on floor, Roti making noise, and withholding essential water supply.There was an arguement also on why he does that, to which he said if i am intersted i may vacate his house. And he said i will have to bear white-wash cost which will be deducted in my advance deposit which is with him. It is unfair on his part to treat us who is at his mercy now. Pls guide what should i do now. Can the agreement be made null and void for not keeping his promises on proper water supply, and not issuing receipts for water charges and maintanence amounts. Will i get the full refund of my deposit amt?

I need latest citation of Supreme court or High court on Mohameddan law

SEARCH THIS BELOW WEBSITE FOR YOUR SOLUTION

http://www.commonlii.org/resources/221.html

FirstLastName =
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Message = If u can help me, I need latest citation of Supreme court or High court on Mohameddan law, Principle of Representation, which say, If a son predeceased his mother or father, his childrens does not entitle to get any share in there grand parents properties, It would helpful if u can guide me where can i get this citations...

AGRICULTURAL LAND CANNOT BE BROUGHT IN EDUCATIONAL INSTITUTIONS NAME

FirstLastName =
Email =
Message = Want to know if agricultural land in Karnataka is allowed to be used by educational institutions of is it to be converted to Non-agricultural


1. AGRICULTURAL LAND CANNOT BE BROUGHT IN EDUCATIONAL INSTITUTIONS NAME, THIS VIOLATES SECTION 79B OF KARNATAKA LAND REFORMS ACT.

2. IF SUCH LAND IS IN THE NAME OF INDIVIDUAL, IT NEEDS CONVERSION TO USE IT FOR OTHER PURPOSES INCLUDING EDUCATIONAL PURPOSES.

MUSLIM LAW AND INHERITANCE

Dear Sir,
Hello, I would like to get an advise from you that how can I proceed with my case, the details of which is as under.
1. My father passed away on 21 March 1996 and has left behind, My step mother, my step brother younger than me and my two sisters from my mother who passed away long back in 1964, when I was just one year old.
2. We all (step brother & step Mother) living together in one house all along our life.
3. I am working outside the country as an engineer from last 14 years & goes every year to my home for two months along with my family who also lives with me abroad.
4. Now from last one year my brother's attitude is all together different and he also not allowed to mother to cantact me.
5. We have a house with 40 marllas land, which costs to approx one core Indian rupees.
6. My brother is not ready for any decision and always tries to extend the time without meaning decision.
What shall I do, Please advise.








Under your muslim law all the descendants of your father hold different shares in the property. It is held by your brother in trust, you can seek seperation and declaration of your share by filing case in the appropriate jurisdiction court. You can give Special power of attorney to some of your trusted person to file such case in indian court. First issue legal notice for seperation and then file case. Even if you are working outside your share cannot be denied by your brother.For further details contact your nearby advocate.

online complaint process will be launched by lokayukta of karnataka

hi Mr.Sridhara Babu N, i'm Capt ___________ currently working with the indian army. My father passed away in 2003. he had seperated from us long back, but my parents were not divorced. he married another woman. when he passed away in 2003, we had applied for heirship certificate and so did the other woman whom my father had married later. the heirship is disputed and is still in the court. my mother passed away in Aug 2007 after prolonged illness. i was in the field and applied for heirship certificate on 9 Jan 08 at hubli tehsildar office. there is no other claimant for legal heirship. but we have not yet been issued the heirship certificate and the person who has to send the enquiry report to the tehsildar office giving a clearance for issuing heirship certificate says that as my fathers heirship is disputed,and due to this they cannot issue us our mothers heirship certificate though there are no disputes regading my mothers heirship certificate. he also says that if given money, he can help us get the cert quickly. due to my job constraints i'm not able to visit my native time and again and i kindly request you to guide me in obtaining heirship certificate.eagerly waiting for kind reply


Your case is clear, tahsildar office cannot refuse to give heirship certificate to your mother's assets and rights. From tuesday (25-03-2008) online complaint process will be launched by lokayukta of karnataka. Please utilise such service and complain against tahsildar for making delay in providing you such certificate. They (tahsildar) cannot assign the reason that your fathers heirship issue is in court hence mothers heirship certificate cannot be issued. You have every right to take such certificate. Pls complain the matter to Hon'ble lokayukta on tuesday or thereafter.

Hindu women is having property rights in ancestral and joint family properties

Sir i am a 42 year old _________________cultivating the land of two servwy no._____________ having total four acresirrigated land. During 1986-87 my father tranferd his ancesterproprtyon my elder brotherr's name and on my name as per his will.I have a mutation xerox copy.It included talathi and girdavar one notice. The property is purely our ancestral property.Now my younger sister age 35 years asking share in the property.now the lawer saying it was an illegal. If it was registered in registry office i could have a legal registered.But talathi and girdavar both are saying it was done under law onlythe complaint is invalid after three years.As per as economic strength is concern she is comfortable, Because her husband is development officer in LIC of India.She had two girl children. They were having a 25 acres of land and two buildings in bidar and gulbarga.Kindly Help me.If there is literature available (regarding rights of land in ancestrol property for ladies) from the govt of karnatakaplease send me detailsif there is website please send me i want consultancy service from a right person kindly send me details.Thanking you sir yours trulyMr.


After recent high court judgment the law stands like this, Hindu women is having property rights in ancestral and joint family properties irrespective of their date of marriage if the ancestral and joint family properties remain undivided amongst co-parceners.

In your case your father has made will, treat that will as settlement deed and take your contention that based on such settlement deed which is styled as will you and your brother have divided your ancestral properties long back in 1986-87. Hence there is no joint familly status remaining after such division and hence she is not having any rights over already divided properties before coming into operation of amended law.

Under Hindu law even oral partition can be proved if it is effected to. When such is the condition it will not be difficult for you to prove such division in 1986-87.

lets wait for some final decision from supreme court clarifying the position. Do not get dis-heartened, everything will have good course. Kindly consult your nearby advocate for further details.

suit for specific performance.- title of seller defective by criminal proceeding

QUESTION:- can a purchaser challanging the title of seller defective by criminal proceedingu/s 156/3 which is declined by court and treating as complaint case go for a suit for specific performance.



In the criminal case if he has taken stand that prospective seller is not owner he cannot go for specific performance, defective title can be cured in some way, if complainant chooses to seek performance after rectification of such defect he can file specific performance suit, but he can file suit for recovery and seek interim attachment of assets of prospective seller.

I m married now and want to own a agricultural land - my father has a agricultural land

Message = Sir, my father has a agricultural land(HUF Land)in my native place. I m married now and want to own a agricultural land in pune, place where i m married. But my husband dont have any agri. land i.e. no name in 7/12 form. So, the authorities say that he cant own any such land as he is not a farmer. Since i cant demand partition in my father's HUF even i dont hold any 7/12. My question was can i still purchase that land because i m famer's daughter. Sir, please do reply if there is any other way to buy that land.


Mrs ____________

Obtain a certificate from your fathers village panchayath stating that your father is having so and so survey numbered agricultural land and he is farmer with following sons and daughters. All the persons belong to agricultural family. And have agriculture as their primary source of occupation. This certificate is enough for you.

If you are planning to buy in karnataka there is another barrier that your income from non-agricultual sources does not exceed Rs 2 lakhs averge in preceding five years. Inother states also there are different barriers kindly consult your nearby advocate or study Land Reforms legislation of your choice state.

In karnataka there is another way to buy apply with assistant commissioner to give permission to buy agricultural land. He gives permission on several conditions that you should not use such land for other purpose for 5 years.

STAMP DUTY ENQUIRY - LINKS TO IT

Message = SirI found this site to be very useful in terms of information. Could you give me a model gift deed and advise on what value of stamp paper the matter is to be typed. What is the section of e-stamping under which Stamp papers have to be bought?? RegardsRaj




Stamp paper differs in each state, i dont undestand from which state you are asking. Try to contact your near by sub-registrar office they will explain you the matter.

For karnataka stamp enquiry visit

http://www.karigr.org/

For model gift deed and other details visit

http://www.karigr.org/modeldeeds/giftd.htm

Authorities are bound to send notice before acquisition

Message = Respected SirMy father having his land in the ______area opposite to ______________,I have comformed information that very soon the road adjuscent to our mulgi is going to be acquired for road widening.My Father is in the states and how he can get information any demolisition of the building on his land .If I want to know about his land acquisition to whom I ask,are they going to give any compensation for land acquisation etc,I want to inform about my fathers correspondence address torevelent authority will send the information directly to him.I request you to please help me in this regard.Thanking you

Dear

To widen the road there are two options for authorities.

If that road is encroached by the declared road margin then no compensation will be paid to buildings.

If that road is not encroached by the declared road margin, later if there is declaration in CDP to increase road dimension, then to implement such development plan acquisition has to be made and compensation has to be given.

consult your Urban Development Authority or Concerned Municipality to know about such affairs. The authorities are bound to send notice before acquisition to the address available in revenue records hence file any change of address to enter such address in revenue records

laws regarding this non-permanent structures

Message = Sir,I am an entrepreneur trying to brings pre-fabricated homes and offices to Bangalore.My clients would buy/rent these structures from me, and have it erected on open land that they rent/lease from landowners.These structures could be offices/homes, restaurants, showrooms, factories, warehouses etc. The technology is available to build upto 5 stories.These structures are temporary and can be removed in a matter of days.My questions are:1) what are the laws regarding this (non-permanent structures)?2) what clearances do i need - land dept, electricity dept, dept of posts etc.i would be obliged if you can give suggestions.
Thanks and regards



First let me wish you good prosperity in your business.

Regarding the applicability of laws

1. Your clients should get building licence for constructing even such temporary structures from concerned municipality and urban development authority. Land should have been converted.

2. Better if Such structures should be endorsed by higher authorities of fire department, and pollution controll department stating that it is not harmfull and it is fully safer for human use and occupation.

3. Once NOC is issued by Municipality then your client will get electricity connection except to the multi storey structures wherein separate criteria is there in electricity department.

4. Under land revenue laws any structure fastened either permanently or temporarily to earth is included in land and hence land revenue is applicable to such structures also.

5. See to it that if your client is a party taking structures on rent, verify whether such land is converted land or not. Verify whether suitable permission is obtained or not.

FATHERS SELF ACQUIRED PROPERTY

Message = Shri Sridhara babu Sir,my father nominated (regd) me for open plot which is in a co-op society.now my brothers and sisters are demanding equal share failing which threatening to file a partition suit claiming equal share.ARE THEY ENTITLED FOR A SHARE ?
with BEST WISHES




IF THE PLOT IS YOUR FATHERS SELF ACQUIRED PROPERTY THEN YOUR BROTHERS CANNOT SEEK FOR PARTITION. BECAUSE YOUR FATHER IS HAVING EVERY RIGHT TO WRITE HIS WILL AND WISH TO DISPOSE OF HIS PROPERTY AFTER HIS DEMISE.

KARNATAKA LAND LAWS

CASE LAW ON LAND LAWS