Advocate Ujjal Kumar Ray

Questions Answered by Advocate Ujjal Kumar Ray (400+ answers)

Q: what is the requirement for sale of flat by ST to General caste ?

can sc/st land be purchased by general ?,Whether permission required to sale flat by a scheduled tribe to general caste?

Advocate Ujjal Kumar Ray answered
The land belonging to scheduled castes or tribes cannot be bought by non-dalits, including companies as such transactions are unconstitutional. Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding. "The reason for such general restrictions is not only to safeguard the interest of the members of Scheduled Caste and Scheduled Tribe, but also to see that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribes. Previous Permission of the District Collector/ Magistrate is required for Sale of land belonging to a Schedule Caste/Schedule Tribe to a General caste person. Apparently, there is embargo on the sale of land of a person from SC/ST community but the same should not be applicable to flats purchased by him. Hence if you get a buyer and consideration is settled, receive at least 25% of the total amount and make a sale agreement. In the agreement do mention the time limit within which the buyer will have to complete the sale on payment of balance money. Before finally signing on the sale deed receive the balance money. To check the sale agreement and sale deed take assistance of a lawyer. All the best. Regards.

Q: Can a property that is on lease be purchased? Specifically, can a leased property be sold? What happ

Hello, I am planning to purchase a villa in Kolkata West International City in Salap, Howrah, West Bengal. I learned that the land is on a leasehold basis, with KMDA granting a 999-year lease to Universal Success Group (the promoter of KWI). I have a few queries regarding this: 1. Can I purchase a leasehold property? 2. How is a leasehold property sold? Will the lease be transferred to my name? 3. Can the property be mutated to my name, and can I be the owner of that property? 4. Can I sell the leasehold property after I purchase it? 5. Is it advisable to buy leasehold property, and what potential problems might arise? Please provide your valuable advice on this matter. Thank you!

Advocate Ujjal Kumar Ray answered
1. There can be transfer of name possible of the lease hold property. 2. The Leasehold property can be transferred from one lessee to another, hence name should be transferred in your name, 3. If the name is transferred in your name, it can be mutated to the local authority. You will be the new lessee of the property for more than 900 years which has the similar effects of being the owner. 4. Certainly transaction can be done if it is profitable. All the Salt Lake property are transferred as that way only. 5. Many of my clients in Salt Lake have been enjoying their property peacefully accordingly and are transferring them in lieu of considerable consideration. All the best. Regards

Q: Fine for overspeeding in india under section183(1) of traffic rules

183(1)...overspeed fine first offence (70km/hr)... Rs 400 fine... Paid but police says license will be suspended for 3 months on top of it..is over speeding is an offence leading to license suspended for 3 months ?

Advocate Ujjal Kumar Ray answered
After THE MOTOR VEHICLES (AMENDMENT) BILL, 2017, In section 183 of the principal Act, for the words "with fine which extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees", the following shall be substituted, namely:—"in the following manner, namely:— (i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of sub-section (4) of section 206.". Amended Section 206(4) provides that A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19: Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him. Hence your license has been seized. If you can prove any irregularity from the aforesaid clause, you can pray for return of your license on that ground. All the best. Regards

Q: My colleague took pictures of me in the office without my permission. What is the legal action under

One of my colleagues took a photo of me with a mobile phone without my knowledge. Is such activity allowed in the office? If my colleague uses these photos improperly, what legal actions can be taken? Which sections of the CrPC would be involved in this matter? Similarly, if video recording is done without informing the person being recorded, what legal actions can be taken against the videographer under CrPC?

Advocate Ujjal Kumar Ray answered
CrPC (Criminal Procedure Code) deals with the procedure to be adopted in administration of justice in criminal law. Indian Penal Code deals with the substantive offence. Section 354 C of the Indian Penal Code provides,"354C. Voyeurism.—Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not beless than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1.—For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section."Now act accordingly. All the best. Regards

Q: Selling old coins to any foreign country or any foreigner requires understanding the old coin sell m

Is it legal to sell old coins to any foreign country or any foreigner without obtaining an old coin sell license and complying with regulations in the old coin selling market?

Advocate Ujjal Kumar Ray answered
As per the Sale of Goods Act, 1930, Section 2 (7)( “goods” means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;) Hence Money is to be excluded from under the definition of Goods. Now The Coinage Act, 2011 Section 2 (a) ("coin" means any coin which is made of any metal or any other material stamped by the Government or any other authority empowered by the Government in this behalf and which is a legal tender including commemorative coin and Government of India one rupee note.) Now, the coins you refer not being a legal tender does not fall under the Act of 2011, hence the same is not “Money” thus also not barred by the Sale of Goods Act 1930 as well, hence one can sell those, But in India 'the Antiquities and Art Treasures Act, 1972' deals with Antiques. The provisions related to the said Act relevant to are extracted below: Section 2. (I)(1) (In this Act, unless the context otherwise requires— (a) “antiquity” includes (i) any coin, sculpture, painting epigraph or other work of art or craftsmanship; Section 2. (II) (c) “export” means taking out of India to a place outside India; Section 3. (1) On and from the commencement of this Act, it shall not be lawful for any person, other than the Central Government or any authority or agency authorised by the Central Government in this behalf, to export any antiquity or art treasure. Section 5. As from the date of expiry of a period of six months from the commencement of this Act, no person shall, himself or by any other person on his behalf, carry on the business of selling or offering to sell any antiquity except under and in accordance with the terms and conditions of a licence granted under section 8. Section 7. (1) Any person desiring to carry on, himself or by any other person on his behalf, the business of selling or offering to sell antiquities may make an application for the grant of a licence to the licensing officer having jurisdiction. Section 8. (1) On receipt of an application for the grant of a licence under section 7, the licensing officer may, after holding such inquiry as he deems fit, grant a licence to the applicant having regard to the following factors, namely:-- (a) the experience of the applicant with respect to trade in antiquities; (b) the village, town or city where the applicant intends to carry on business; (c) the number of persons already engaged in the business of selling, or offering for sale of, antiquities in the said village, town or city; and (d) such other factors as may be prescribed: 31 of 1947 (2) Every licence granted under this section shall be on payment of such fees as may be prescribed. Section 17 . Whenever any person transfers the ownership, control or possession of any antiquity specified in any notification issued under sub-section (1) of section 14 such person shall intimate, within such period and in such form as may be prescribed, the fact of such transfer to the registering officer. 25 . (1) If any person, himself or by any other person on his behalf, exports or attempts to export any antiquity or art treasure in contravention of section 3, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 as applied by section 4, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. (2) If any person contravenes the provisions of section 5 or section 12 or sub-section (2) or sub-section (3) of section 13 or section 14 or section 17, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both and the antiquity in respect of which the offence has been committed shall be liable to confiscation.)