- Consumer Protection Lawyers
- Family and Divorce Lawyer
- Foreign Exchange Management Act defining citizens
- Income Tax for NRI’s
- Inheritance and Succession
- Land and Property Disputes
- Landlord/Tenant Disputes
- Laws for Senior Citizens
- Power of Attorney
- Power of Attorney for NRI's
- Property Title Search / Valuation
- Real Estate
- Rights of Home Buyer under Indian Law
- Wills
Power of Attorney has been defined in Section 1A of Powers of Attorney Act, 1882 as “any instrument authorizing a specific person to act on behalf of and in the name of the individual who executes it.”
In India there are two types of Power of Attorney – General and Special.
Any individual can issue a POA. However, no person with unsound mind and without free will issue Power of Attorney.
Agent has the complete legal authority to act in the name of Principal and therefore the activities done by Agent are deemed to be the actions of Principal. Acting through another is founded on the legal maxim “Qui facit per aliumfacit per say.” It’s easy for an Agent to abuse the power for their selfish motives therefore a poorly executed Power of Attorney are exceedingly risky.
To protect one’s interests, it is critical to limit the Power of Attorney so that the Agent does not abuse his authority. Another way to limit the scope of a Power of Attorney is to ensure that the document allows third parties to exercise some supervision over the Agent. There is no guarantee that an Agent will always work honestly. Failure to limit the Agent’s/authority often results in significant losses.
To comply with the requirements governing Non-Resident alien Powers of Attorney, the first step is to draft the Power of Attorney on plain white paper with particular terms and conditions. Two witnesses must sign the Power of Attorney, both of whom must be well known to the Principal who is issuing the Power of Attorney.
The Power of Attorney must have the photograph of the Principal. It is mandatory that the Attorney is stamped by the Indian Embassy/High Commission/Consulate or by the Foreign Commonwealth Office. The Stamped Power of Attorney must be embossed by the office of the Financial Commissioner/SDM/or other authority within 90 days of the attorney being signed by the Principal. The presence of the Attorney is required for the embossing in India. Upon the purpose of the Attorney being fulfilled or if the attorney holder is trying to misuse the document; the Principal must immediately revoke the Power of Attorney.
If the person is residing in foreign country and issuing a Power of Attorney from that country then issuing a Power of Attorney on stamp paper is not required. Power of Attorney can be made on a plain A4 paper which is duly stamped and signed as per the requirement under law.
No, there is not a specific draft but each Power of Attorney is created as per the requirement of a transaction.
Power of Attorney is valid unless it is revoked as per the procedure under law or either the person giving the Attorney.
When drafting a General Power of Attorney from outside India, make sure to include the following information:
Grantor’s Information– The grantor’s name, age, foreign address, Indian address, and occupation should be listed first.
Attorney’s Information– Includes the name, age, address, father’s name, and occupation of the person in whose favour the deed has been made.
The rationale for the POA– You must explain why you are performing this act and for what purpose. For example, if you are living abroad and want to buy, sell, or rent out your property in India, you can do so.
Commencement Date – You should clearly state when the POA goes into effect.
Signature– The Grantor must sign on all pages, including the final page.
Yes, section 14 of the Notaries Act, 1952 permits the Federal Government to declare that notarial acts performed by foreign notaries shall be recognized for defined reasons.
The following documents are required for the attestation of Power of Attorney (POA)by Indian Embassy –
- Two copies of Power of Attorney on stamp paper or plain paper
- Valid passport
- Photocopies of first and last pages of passport
- Copies of address proof of the resident country in which an individual resides. For instance – bank statement, driving license, or utility bills.
- Two photos of passport size
- Visa/ green card
- Attestation charges
- Valid identity proofs of the witnesses
A Power of attorney issued by an NRI must be revoked in the same manner that it was issued. However, additional steps are taken after the revocation deed is stamped by the Indian High Commission/Consulate/Embassy. The attorney holder must be issued a legal notice and also the notice must be published in a Newspaper.
- A Special Power of Attorney should be preferred over a General Power of Attorney by the clients since the powers of Agents are clearly defined under Specific POA which prevents misuse of powers on part of Agent.
- It is always advised that an individual double-check the wordings and the implications of their actions.
- The POA must be immediately revoked when the purpose/job for which it is given is completed.
Section 2(d) of the RERA Act says that an allottee or homebuyer is someone who buys or transfers a piece of property, but not someone who rents it.
If a project is delayed, a buyer may seek a penalty from the developer under RERA provisions. Developers, on the other hand, would be given one more chance to set a reasonable delivery timeline. If the promoter fails to comply yet again, he will be subject to the statutory penalties.
A developer is required to open an escrow account with a government-approved bank. An escrow account is a bank account into which an account holder deposits funds on a regular basis and authorizes the bank to withdraw funds to pay for certain fixed obligations. According to Section 4(2)(l)(D)of RERA Act, seventy percent of the amount realized by a promoter from buyers shall be deposited in a ‘separate account’ to be maintained in a scheduled bank to cover the cost of construction and the cost of land, and shall be used only for that purpose.
A complaint can be filed with the Real Estate Regulatory Authority or the adjudicating officer by an allottee association or a voluntary consumer association. A complaint filed under Section 31 of RERA against promoters, allottees, or agents must follow the state laws. Complainant name, complaint against promoter or agent, relief sought property information, etc. Some states accept applications online. The authority determines the filing fee, which varies by state. If the authority decides that a single Bench of the chairperson or any member of the authority hears and decides certain proceedings, it will appoint an adjudicating officer to conduct an inquiry in accordance with the rules. RERA guarantees purchasers transparency and quick case resolution, and customers can sue for project delays. As soon as feasible, the adjudicating officer will deal with the adjudication compensation request. The case must be resolved within 60 days of the application’s receipt.
Allottees are granted the following rights and obligations under Section 19 of the Real Estate Act. A buyer or allottee shall be entitled to the following:
- Obtain information on sanctioned plans, layout plans, and specifications that have been approved by the competent authorities, as well as any other information.
- Determine the project’s stage-by-stage completion timetable, including provisions for water, sanitation, electricity, and other facilities.
- Claim possession of an apartment, a plot of land, or a building. The allottees’ association shall have the right to claim possession of the common areas. Reclaim the amount paid, plus interest at the statutory rate and compensation in accordance with the Act’s provisions. After transferring physical possession of the apartment, have all relevant documentation and plans, including those for common areas.
A buyer is responsible for:
- Making all required payments, as specified in the said agreement for sale, on time and in the proper amount, and for paying his or her share of registration fees, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, as applicable.
- Paying interest, at the stipulated rate, on any late payment. The promoter and allottee may agree to cut the interest rate. Assisting in the formation of an allottees’ organization, society, or cooperative society.
- Within two months of receiving the occupancy certificate, taking physical possession of the property (apartment, land, or building).
Taking part in the registration of property conveyance deeds.
Any violation of the RERA Act’s provisions is punishable. The penalty for each subsequent period of default may total up to 5% of the cost of the plot, apartment, or building, as determined by your respective state authority.
Homebuyers would be subject to a penalty for each day of default, which could total up to 10% of the cost of the plot/apartment, or to imprisonment for up to one year, or to both.
A Completion Certificate (CC) shows that a building has been erected in accordance with the city’s standards and master plan. This document contains all relevant project information such as building materials, height, and plan, as well as green belt provisions. This paperwork is required to secure power and water connections. It is issued following a comprehensive inspection of the premises by the local authorities. A temporary Completion Certificate is also available. Authorities issue a six-month interim certificate when the developer has minor works left. After six months, the developer is entitled to a final CC.
Occupation Certificate, on the other hand, signals that there is no violation of building construction norms, and thus, the structure is safe for occupants. An OC is given by a competent certifying authority and allows occupants to enter any structure. These are usually municipal companies.
Yes, it is critical to initially record and track these dates, as delays may impose additional costs on the buyer. Additionally, it is critical to verify the start date, as developers may ignore this information and therefore continue postponing the project.
Financial creditors must file claims on Form C, operational creditors on Form B, and other creditors on Form F, according to the regulations. The Insolvency and Bankruptcy Board of India (IBBI) has issued a Form F to facilitate the filing of claims by creditors other than financial and operational creditors. Purchasers of flats may submit a claim using Form F. If a flat buyer is unsure about his or her creditor status as a financial, operational, or other creditor, he or she may file a claim in any of the three forms; IRP will not exclude claims filed in the erroneous form.
Non – Resident Indian (NRI) is an individual who is a citizen of India or a person of Indian origin and who is not a resident of India. Income Tax Act, 1961 has not directly defined NRI. Section 6 specifies who is deemed a Resident in India and declares that anyone who does not match these requirements is a Non-Resident.
Yes, the residential status of a person earning income is very relevant for determining the taxability of such income in his hands. Taxability of any income in the hands of an individual depends on two factors – Residential status of the person as per the Income – Tax Law and secondly nature of income earned by him.
Non – Resident Indians have to pay taxes only for income earned or accrued in India or deemed to be so. NRIs with taxable income in India of more than Rs. 2, 50,000 must file an Income Tax Return in India.Non – Resident Indians have to pay taxes only for income earned or accrued in India or deemed to be so. NRIs with taxable income in India of more than Rs. 2, 50,000 must file an Income Tax Return in India.
If an individual is not eligible for ITR – 1 and individual/ HUF having no income from business or profession, form ITR – 2 is applicable for AY 2021 – 22(FY 2020 – 21). However, if an individual is not eligible for ITR – 1,2 or 4 and individual/ HUF having income under the head Profits and Gains of Business or Profession, form ITR – 3 is applicable for AY 2021 – 22(FY 2020 – 21).
An NRI inheriting agricultural land is not taxable.
Dividends earned from stocks are exempt from Income Tax of India irrespective of the residential status of the assesee.
NRI Income Tax Return must be filed on or before 31st July following the Financial Year by an individual. However, the due date is considered as September 30 if the NRI is a working partner of a firm whose accounts are necessary to be audited.
The term “current account transaction” is defined in Section 2(j) of the FEMA. This means a transaction that is not a capital account transaction. The term “Capital Account Transaction” is defined in Section 2(e) of the Foreign Exchange Management Act (FEMA). This means that a transaction that changes the assets or liabilities outside India of people who live in India or changes the assets or liabilities in India of people who live outside India.
RBI’s key responsibilities under FEMA are as follows:
- Controlling foreign exchange deals by granting general or particular permission, with the exception of circumstances where explicit provisions have been provided in the Act, Rules, or Regulations – Section 3 of FEMA.
- The Reserve Bank of India (RBI) has no authority to impose limits on current account transactions. Only the Central Government, in collaboration with the RBI, can impose these restrictions by virtue of Section 5 of FEMA. Foreign Exchange Management (Current Account Transactions) Rules, 2000, provide that in some situations, prior RBI permission is necessary for current account transactions.
- Specifying payment criteria for capital account transactions – Section 6 (2) of FEMA.
- Issue regulations to regulate, prohibit, or restrict the following:
- Foreign security is transferred or issued to residents, and Indian security is transferred or issued to non-residents.
Borrowing and lending in foreign currency or to a foreign individual;
Currency or currency notes export/import;
Transfer of immovable property from India to another country;
Giving a guarantee or guaranty in the case of a foreign currency transaction – Section 6 (3) - Define the period and method in which foreign exchange due from the export of goods and services should be received (by regulation) – Section 8 of FEMA.
- Exemption from realization and repatriation in the conditions listed in Section 9 of FEMA.
- Authorizing ‘Authorized Person’ to deal in foreign exchange, by giving them instructions, and inspecting the authorized person – Sections 10, 11 & 12.
In the following circumstances, a resident individual can open a foreign currency account with a bank outside of India:
- A resident student who has travelled to another country to study for a length of time. All credits to the account from India must be made in compliance with the FEMA and its rules and regulations. The account will be deemed to have been opened under the Liberalized Remittance Scheme when the student returns to India after completing his or her education (LRS).
- A resident who is visiting a foreign country for the purpose of staying there for a length of time. When the account holder returns to India, the amount in the account should be repatriated.
- A person who travels to another country to engage in an exposition or trade show in order to credit the sale earnings of items. The remaining funds must be returned to India within one month of the exhibition/trade fair’s conclusion.
- The following individuals for the purpose of remitting/receiving their complete wage due to them in India:
An Indian citizen who is an employee of a foreign company on deputation to the office/ branch/ subsidiary/ joint venture/ group company in India; and a foreign citizen who is a resident in India and is employed with an Indian company. - In order to transfer remittances under the Liberalized Remittance Scheme.
A foreign currency account maintained by a person resident in India with an authorized dealer in India can be opened, held, and maintained in the form of current, savings, or term deposit account in cases where the account holder is an individual, and in the form of current or term deposit account in all other cases, unless otherwise stated in the features of the account.
The account can be held in the name of a single person or a group of people who are eligible to open, hold, and maintain such an account.
A foreign currency account is one that is held or maintained in a currency other than the Indian, Nepalese, or Bhutanese currencies.
The FEMA law contains regulations governing transactions with non-residents and any other cross-border transaction, such as inbound or outbound investments, capital account or current account transactions, and so on. The regulation contains certain restrictions and approval procedures that a non-resident must follow when engaging in such transactions. As a result, it is necessary to know the residential status as defined by FEMA on any given day.
No, Citizenship is not a relevant factor in assessing the residence status of a person under FEMA legislation.
‘Stay’ refers to physical presence in India, whereas ‘reside’ refers to permanent residence. Thus, even if an aero plane pilot ‘resides’ in India for more than 182 days throughout his passage, he cannot be deemed to ‘reside’ there.
One significant difference between Income Tax and FEMA laws is that for determining residential status of an individual under Income Tax Act 1961, the purpose of the stay (in India or overseas) is irrelevant; only the period of the stay is relevant while purpose of stay is relevant under provisions of FEMA.
A person is considered a resident of India under Section 2(v) of the FEMA if he spends more than 182 days in India during the preceding fiscal year. If a person leaves India for work, business, or any other cause that suggests an indefinite wish to remain outside India, he becomes a person resident outside India on the day he departs for such purpose. If a person comes to India for employment, business, or any other cause that suggests an indefinite stay, he automatically becomes an Indian resident on the day he enters for such purpose. In general terms, ‘person resident in India’ refers to both Indian citizens (save those who are overseas for work, business, or other purposes) and foreign nationals who come to India or remain in India for the purpose of employment, business, or other purposes.
The Christian law of Inheritance and succession in India is governed by the Indian Succession Act, 1925. This Act replaced all earlier set of Christian laws which were set up by the Portuguese and French.
Mainly there are three types of heirs in Christians:-
- Spouse:- The spouse is the legal married partner of a person
- Lineal Descendents:- It means a descendent born out of legal marriage. It is a blood relative in the direct line of descent for example the children, grandchildren, great- grandchildren etc.
- Kindred:- Kindred is a relationship by blood through a lawful marriage. Section 24 of the Indian Succession Act, 1925 makes an initial reference to the concept of Kindred.
According to intestate succession when a person has not left any will for his heir then the concerned governing body steps in and decides how his property will be disposed of legally. Section 30 of the Indian Succession Act, 1925 explains about the Intestate succession among Indian Christians
Testamentary succession happens when the deceased has left a will behind , and his property will be distributed to his heirs according to that respective will. Every person of sound mind (Not a minor) can dispose of his property by making a will.
If the deceased person does not have any children or grandchildren then the widow will get one half of the property and second half will be given to the kindred. If Kindred, Children and grandchildren are not there then all the property will be inherited by the widow.
Will is an affirmation of the intention of a person with respect to his property, which he desires to take effect after his death. It is a document which takes effect after the death of the person making it. Will can be altered or revoked at any time by the maker of it who is competent to dispose of his property.
Every person who is of sound mind and who has attained the age of 18 years can make a will. Persons who are deaf or blind can make a will provided they are able to know what they do by it. A person who is ordinarily mentally ill may make a will during an interval in which he is of sound mind. No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing.
A Will ensures that whatever personal belongings and assets you do have will go to family or the beneficiaries you assign. For a business, a Will can help ensure a smooth legal transition of those assets.
A Will is a document that speaks in a person’s absence or after his/her death regarding who will receive the property and how much share the beneficiary will receive. The law requires that a valid Will must be in writing.
For a valid Will there are only few requirements such as:
The maker of the Will i.e. the testator must be of Sound mind and major. The other requirement is that Will must be attested by at least two attesting witnesses in front of them the testator must have signed too. A beneficiary can never be an attesting witness to the Will.
Will can be registered at the Office of the Sub-Registrar, established and continued by the State governments under the Registration Act, 1908. It is important that a witness should accompany the testator to the Registrar for registration of the Will.
It is not important in every case that the will is to be written by the solicitor only, one can write his will by himself or through other person having the knowledge regarding writing a will. Though it will be a positive point that if the testator asks the solicitor to draft the will.
There is no particular format to write a will. Although it is necessary to follow few points to make the will valid such as attested by at least two witnesses and the testator too in front of the witnesses.
If a person dies without making any will, his property will be inherited by his heirs as per the applicable personal laws.
Yes, a testator can simply write a new will to replace the old one, or it can be revoke or make an addition using an amendment known as a codicil. At the time of revoke or changing a Will the testator must be in sound mind and must be fully aware of it.
Title refers to ‘a right or claim to the ownership of property’. A search which is conducted for the purpose of understanding the ownership of the property as per the registered deeds along with the size and area of the property, charges or liens on property if any.
If you have a property in India for which have not had anyone visit the property for more than 6 months or confirm the status of the property vis-a-vis ownership. It is important to get the title search done. It is very important if you do not have documents and deeds pertaining to your property.
A search helps you to understand the current ownership status and also confirm that no third party rights have been created on the property especially for people who live in abroad & unable to visit India. It is important for them to keep a check on their property.
The property report is based on title search carried out.
A title search is concluded in form of a property search report. The report includes all the observations of the experts from the documents obtained, physical inspection etc. The certified copies of all the documents and deeds retrieved are a part of the report.
Yes, any person who has any property in India can get a search conducted.
Valuation means assessing the current market value of the property. The valuation is carried out after thorough physical inspection of the property and is based on current market trends.
A Valuer registered with govt. of India. Valuation is carried out by the team of experts. The team of experts also includes valuer who is also register with govt. of India to undertake such valuation.
Legal Services NRI and Legal Help India are two distinct verticals of Simon and Josephine who have been working for only NRI’s for their property issues.
The time line for carrying out a title search completely based on the information given by the client for undertaking the title search. A report varies from 30 days to 90 days or may be more. But all this is subject to the information given the area where the property situated.
There is no restriction as to the number of properties owns in India.
Yes, RBI has given general permission to the NRIs to purchase immovable properties in India, the permission does not grant power to acquire any and every property in India. The NRIs are allowed to purchase only residential or commercial property. However, NRIs cannot purchase any agricultural land or plantation property. NRIs cannot purchase a farmhouse in India.
A non-resident Indian can buy either a residential property or a commercial property in India. Further, there is no limit on the number of residential or commercial properties that an NRI can purchase in India.
The market value of property is the price that a piece of real estate could sell for in the current market situation. An official market value of property can only be assessed with an evaluation conducted by a professional valuer.
Following are the various modes by which the value of the property can be calculated:
- Conduct research.
- Calculate the square footage price.
- Estimate the market value.
If a person who is co-owner can sell his share in the property but not any specific part unless his ownership documents say so. Where owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners. Partition lawsuits forcing all owners in a property to sell that property are usually a last option. Courts always prefer squabbling co-owners to cooperate in selling the property before considering forced partition.
A son is a legal heir to his father’s property. If he inherits the property by way of a Will or natural succession; he can sell the same. It is important he gets the property transferred in his name upon the death of his father. If a Will has been left; a probate might have to be obtained and a mutation will have to be sanctioned thereafter.
Yes, the seller is liable to pay the tax.
Yes a seller who is a Non Resident Indian can take repatriate the funds to his country of residence. There are requirements of the RBI which when fulfilled; the funds can be repatriated.
Only a registered sale deed confers title. Sale through unregistered documents or through power of attorney is not valid.
A Legal document authorizing any person to act or represent him/her in anything relating to property, Bank etc.
In India there are two type of power of attorney (PoA).
- General PoA.
- Special PoA.
Any person can issue a PoA. However no person with unsound mind and mentally ruptured cannot issue a PoA.
An attorney is valid unless it is revoked as per the procedure under law or either the person giving the attorney or taking the attorney dice.
Yes, a person living abroad can give a PoA to any person living in India. It has to be stamped by the Indian High Commission, Public counsellor in the country of resident.
Following are the steps that must be taken for issuing a Power Of Attorney.
- It has to be notarized by a Notary Public with the photos affixed and photo should also be half stamped.
- Thereafter the Special PoA has to be stamped from the Indian Consulate/High Commission.
- A copy of the passport has to be notarized.
- Affidavit needs to be notarized by a notary public with the photo affixed on it.
The Power Of Attorney issued is subject to the requirement for giving the POA. It is always recommended that the Power Of Attorney should be specific in nature and not generic.
No, if the person is residing in foreign country and issuing a Power Of Attorney from that country. Then it is not required to issue a Power of Attorney on stamp paper but on a plain A4 paper which is duly stamped and signed as per the requirement under law.
No, there is not a specific draft but each Power Of Attorney is created as per the requirement of a transaction.
A Power Of Attorney is revoked through Revocation Deed, which is tamped & notarized in a same manner as it was issued. It is important to issue a legal notice and public notice after the revocation deed is made. It is for the information of the attorney holder & general public about the revocation.
All acts of physically, psychologically and sexual abuse by a family member against women, kidnapping, threats, intimidation, coercion, stalking, humiliating, forcible or unlawful entry, arson, destruction of property, sexual violence, marital rape, dowry related violence, female genital mutilation, violence against household workers and attempts to commit such acts shall be termed as ‘domestic violence’.
Under The Protection of Women from Domestic Violence Act 2005 a Protection Officer is provided so as to aid the victim with legal procedures and support, including medical assistance and counselling. The aggrieved women can complain to the Protection Officer in event of further incidences after which the Protection Officer prepares a Domestic Incident Report on the basis of which necessary action is taken. The order is granted under Section 18 of the act which can direct the respondents from not committing any other acts of violence against the complainant.
There are many types of domestic violence, it can be a social, physical, sexual and emotional.
Yes, men can be a victim of domestic violence. While some male victims of domestic violence are abused by female partners, the overwhelming majority of male victims are abused by other men.
Domestic violence is deeply rooted by the issues of power, control and inequality. There are many causes about domestic-violence that are caused by:
- Alcohol or drug misuse
- Mental illness
- Earlier experiences of violence or abuse
The truth is that it is caused by a misuse of power by one person (usually male) over another. Behavior is always a choice and those who perpetrate domestic violence do so to get control and what they want.
The large majority of perpetrators are men and majority of victims are women. Deep rooted social traditions and values can contribute to the existence of patriarchal views that encourage men to believe they are entitled to power and control over their partner. However, it is becoming increasingly recognised that men can and do experience violence from female partners.
The Protection of Women from Domestic Violence Act 2005 enacted to protect women from domestic violence. Victims of domestic violence often bring a civil suit in addition to criminal proceedings in order to receive compensation for their injuries.
An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by:
- The aggrieved person,
- Protection officer on behalf of aggrieved person
- Any other person on behalf of aggrieved person
Triple talaq is a practice where in a Muslim man by simply uttering “Talaq” three times can divorce his wife. India’s Muslim community majority who follow the Hanafi Islamic school of law practice this mode of divorce.
No unwillingly using the word Talaq does not render it as divorce.
The conditions for a talaq to be valid are:
- Capacity: The Muslim husband must be of sound mind, attained the age of puberty.
- Free Consent: Except under Hanafi law, the consent of the husband in pronouncing talaaq must be a free consent.
- Involuntary intoxication: Talaaq pronounced under forced or involuntary intoxication is void even under the Hanafi law.
Yes, muslim women have the right to divorce under the muslim law.
No he cannot marry the wife immediately after the talaq.
There is a to make the practice of instant ‘triple talaq’ a punishable offence. Under the ordinance, instant ‘triple talaq’ has been declared as illegal and void and will attract a jail term of three years for the husband. The constitutional validity of this ordinance has been upheld by the supreme court.
A tenant is a person to whom a landlord grants temporary and exclusive use of property usually in exchange of rent and after that who has the right to use occupied rental property in accordance with a rental agreement or lease.
It is important to execute to have all the terms and conditions between the tenant and landlord in writing. It is evidence in case the parties have to approach the court.
Yes. However, landlord will need to show what the oral agreement was about the tenancy. How much is the rent and how often was it to be paid? On what day was rent due? Those facts have to be alleged in the eviction complaint and then proven to a judge.
Grounds for the eviction of tenant
- non-payment of rent: If the tenant is not paying the rent on time or always delaying for the rent, the landlord can file for eviction.
- Property damage
- Landlord can file to evict a tenant if they are using the rental property in an illegal manner.
- Expiration or termination of lease
- Where the tenant sublets the property.
- Personal use or occupation
Yes, under the rent laws, a landlord can file a petition/ application before rent controller and seeking eviction on the ground that the tenant is not paying the rent as per the agreement.
Subletting a property is completely dependent upon tenant and the landlord’s agreement. Typically, the written agreement should specify this clause. If, according to the terms and conditions, subletting is not allowed, tenant might have to take the landlord’s written permission before subletting the property.
However, if the Agreement follows the Rent control legislation, most State Rental Control Acts do now allow a tenant to sublet the premises of a property without a written consent of the landlord. Despite this, if the tenant decides to sublet the property, the landlord can then evict the tenant without further notice.
Yes, landlord who is living abroad and wants to set up his own resident or business can file for eviction.
Usually no, the landlord cannot evict a tenant without a court order unless the tenant leaves at Will.
Yes the tenantcan strong defend an eviction petition.
It varies depending on the reason for the eviction, how busy the court is, and whether the tenant mounts a defense. Generally, an eviction for nonpayment of rent where the tenant does not file a defense to the case, takes about three weeks until judgment is entered. If a writ of possession must be issued and served to make the tenant move, then about another week is added to the time.
“Senior Citizen” means any person being a citizen of India, who has attained the age of sixty years or above. This age shall be uniformly applicable for availing the facilities and benefits for senior citizens including health, housing, travel, insurance etc. extended by the Central and State Government, Semi-Government and Private Organisations
Yes various protective rights have been legislated for the Senior Citizens as well the government has given various concessions to them.
- The legal right to claim maintenance is given under personal laws, Code of Criminal Procedure and Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
- Under the National Old-age Pension Scheme Central Government is to pay a pension of INR 200 to senior citizens belonging to the BPL household.
- The railway ministry provides a concession of 30% and 50% in railway fare to male and female senior citizen respectively above the age of 60 years.
- The Civil Aviation Ministry provides a concession up to 50% for male senior citizen above 65 years of age and female senior citizen above 63 years of age through the National Carrier and Air India.
This Act provides for maintenance and welfare of parents and senior citizens for ensuring their basic needs; safety and security and the rights guaranteed and recognised under the Constitution
A senior citizen who has transferred his property either moveable or immovable, by way of gift or otherwise, subject to the condition that the transferee (children, grandchildren or relative) shall provide him basic amenities and physical needs and thereafter such transferee reuses or fails to provide such promise, such transfer of property shall be deemed to have been made by fraud, coercion or undue influence and the court can declare such transfer as void.
Senior Citizens can file a complaint regarding the same and seek an appropriate order from the court.
No stamp duty is payable, it is simply through the order of the tribunal , the deed is declared as void.
Under Section 24, if anybody who is responsible for the care of the senior citizen leaves him/her in any place with the intention of wholly abandoning such person, is punishable with imprisonment of either 3 months or fine up to Rs.5000 or both.
Yes, the parents and grandparents not able to maintain themselves can ask maintenance from children, grandchildren or relatives.
An Application can be made to the tribunal under Section 4, giving details of person from whom maintenance is demanded.
There is various form of transfer of immovable property i.e. through sale, gift and transfer deed.
A transfer of title in the property only takes place when the documents are registered in the office of sub- registrar where the property is situated.
It is only the owner of the property who can transfer the property to any person. No tenant or any caretaker has right to transfer.
A property whereby which is attached to any financial institution or there is a stay order by the court on a property. The same cannot be sold or transferred.
Yes, where the father is the sole owner of the property. He can transfer it to any person without the consent of his other children. Provided that transfer is done by his voluntarily & he is of sound mind at the time of transfer.
Yes, a transfer may be challenged where it has been done in an illegal manner on the basis of forged and through fake paper work.
A succession certificate is given to the successor/heir of a deceased person who has not prepared a will in order to establish the authenticity of the successor and also to give the certificate holder an authority over the deceased person’s movable assets such as bank account, shares, fixed deposits debts and securities etc.
A person passed away intestate when he/she does not leave a legal will. Succession Certificates entitle the holders to make payments of debt or transfer securities to the holder of the certificate without having to ascertain the legal heir entitled to it.
A Succession Certificate is granted by the court in favour of the legal heirs of the person dying intestate (without Will Deed) so that the heirs can claim the securities, bank account and other movable property along with the debts left behind by the deceased.
No, it is only for movable assets such as accounts, fixed deposits etc.
A succession certificate is granted by the district judge. The jurisdiction would be where the deceased person ordinarily resided at the time of his death or the jurisdiction within which any property belonging to the deceased may be found.
The succession certificate is valid anywhere within India. However, where a certificate has been granted to a person who is a resident of an abroad/foreign country, by an Indian representative of such foreign country, the certificate will stand valid only if properly stamped in accordance with The Court Fee Act 1870.
In order to obtain a Succession Certificate, an application is required to be filed in the Court of District Judge of whose jurisdiction the deceased person ordinarily resided at the time of his/her or where the property of deceased person may be found or situated.
A petition in the prescribed format must be file to the civil Court—within whose jurisdiction the deceased ordinarily resided at the time of his death or the asset of the deceased is situated. The petition should contain names of all heirs of deceased date and place of death should be mentioned in the application. A copy of the death certificate needs to be filed along the application.
Yes, for movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required.
Consumer is a person who purchase goods and avail services from a seller, producer or a manufacturer. A Consumer is a person who purchases a product or avails a service for a consideration for his personal use and not for commercial purpose. The consideration may be totally paid, totally promised, or partly paid and partly promised.
Any consumer, any voluntary consumer association, Central Government or any State Government, where there are numerous consumers having same interest and in deceased, his legal heir or representative.
Where there is any defect found in the goods purchased or services availed the right of filing a complaint invested in the consumer. Defect in goods and deficiency in services may be the outcome of unfair trade practices, which is against the public interest at large.
A consumer complaint can be filed against any seller, buyer, or manufacture that makes or assembles the parts of the goods with intent to gain merit or any person who provides such services to the consumer which is hazardous and cause threat to life or property.
The statutory authority order:
- to remove the defects in the goods,
- to replace the goods,
- to return to the complainant the price of the goods,
- to pay such compensation for the loss or injury suffered by the consumer,
- to remove the defects from the goods or deficiency in the services provided,
- to discontinue the unfair trade practice or not to repeat it,
- to withdraw the hazardous goods from being presented for sale,
- to provide the cost of expenses incurred by the complainant.
As per the Consumer Protection Act, 1986 a complaint can be filed in
- District Consumer Disputes Redressal Forum (DCDRF)
- State Consumer Disputes Redressal Commission (SCDRC)
- National Consumer Disputes Redressal Commission (NCDRC)
A consumer complaint has to be filed within the period of two years from the date on which the cause of action/ deficiency in service/defect in goods arises. However, the limitation period may be extended, if the complainant satisfies the court with a reasonable cause for delay in filing.
- Right to be protected against the marketing of goods and services. The purchased goods and services availed should not only meet their immediate needs, but also fulfils long term interests and guard against the hazardous goods and services.
- To be informed about the goods or services availing about their quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.
- Assurance, wherever possible of entry to variety of goods and services at competitive price.
- Representation in various forums formed to consider the consumer’s welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.
- Seek redressal against unfair trade practices or unprincipled exploitation of consumers. It also includes right to have fair settlement of the genuine grievances of the consumer.
- Receive the knowledge and skill to be an informed consumer throughout life.
A consumer complaint has to be filed within the period of two years from the date on which the cause of action/ deficiency in service/defect in goods arises. However, the limitation period may be extended, if the complainant satisfies the court with a reasonable cause for delay in filing.
- Right to be protected against the marketing of goods and services. The purchased goods and services availed should not only meet their immediate needs, but also fulfils long term interests and guard against the hazardous goods and services.
- To be informed about the goods or services availing about their quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.
- Assurance, wherever possible of entry to variety of goods and services at competitive price.
- Representation in various forums formed to consider the consumer’s welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.
- Seek redressal against unfair trade practices or unprincipled exploitation of consumers. It also includes right to have fair settlement of the genuine grievances of the consumer.
- Receive the knowledge and skill to be an informed consumer throughout life.
The aggrieved home buyer can file a complaint under the consumer form and RERA (Real Estate regulatory Authority) established under The Real Estate (Regulation and Development) Act 2016. The aggrieved home buyer can claim in both the authorities but it to be seen that the compliant must be taken into consideration and justice to be delivered timely.
Yes, According to the definition of the consumer mentioned under the Consumer Protection Act, a person availing services and buying goods is a consumer, so a person buying a house is a consumer and can file a complaint either in consumer forum or under RERA (Real Estate Regulatory Authority).
Any consumer, any voluntary consumer association, Central Government or any State Government, where there are numerous consumers having same interest and in deceased, his legal heir or representative.