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I am going to buy a flat in Pune. The builder has registered the GPA in the name of his son. He told me that the power to execute the sale lies with his son now. Is this valid and will this affect the sale? can a registered gpa holder sell the property?
A GPA (General Power of Attorney) registration refers to the process of officially recording a power of attorney document with the relevant authority, usually the Sub-Registrar's Office. Registering a GPA involves submitting the GPA document along with the necessary supporting documents and paying the applicable registration fees. Once registered, the GPA becomes a legally recognized document.
Regarding the authority of a registered GPA holder to sell a property, it depends on the specific terms and conditions mentioned in the GPA document and the laws of the jurisdiction where the property is located. In some jurisdictions, a registered GPA holder may have the power to sell the property on behalf of the property owner (the principal) if the GPA explicitly grants such authority.
However, it's important to note that there have been legal developments and court judgments in India that have affected the enforceability of GPAs for property transactions. Some states have imposed restrictions or additional requirements on the sale of properties through GPAs. For example, in Maharashtra, the state has imposed specific conditions and regulations for the sale of immovable properties through registered GPAs.
Selling property through GPA had become common practice across Indian cities, owing to the monetary benefits it offered, both the buyer and the seller. Typically, a sale deed must be carried out for transferring property titles, following which the buyer has to pay stamp duty and registration charges.
If you plan to buy a property through GPA, you must remember that as a standard practice, banks do not lend money to property transactions done through GPA. For banks to lend money, clear property tiles are the first and foremost requirement.
To ascertain the specific rights and authority of a registered GPA holder to sell a property, it is advisable to consult with a local property lawyer who can review the GPA document, examine the relevant laws and regulations of the jurisdiction, and provide accurate advice based on the current legal position.
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MY Neighbor has started building his new home without leaving any distance from one side of my boundary wall. his pillars are adjacent to my boundary wall. is it legal or illegal?? What are the boundary wall rules in India? can i stop him from doing this?? if yes, then how?? plz help
The legality of your neighbour's construction and whether you can stop it will depend on the specific zoning and building regulations in your locality. Here are some construction rules for neighbours in India:
Local building regulations: Check the local building regulations, zoning laws, and any applicable development plans or bylaws in your area. These regulations typically specify setback requirements, which determine the minimum distance that new structures must maintain from property boundaries. These setback requirements are in place to ensure safety, privacy, and proper access to sunlight and ventilation for neighbouring properties. If your neighbour's construction violates these setback requirements, it may be considered illegal.
Communicate with your neighbour: It is usually a good first step to discuss the issue with your neighbour and express your concerns. They may not be aware of the violation or may be willing to make adjustments to comply with the regulations.
Local authorities: If your neighbour continues to build in violation of the setback requirements or if they refuse to cooperate, you can report the issue to the local municipal authorities or building control department. Provide them with the necessary details and evidence of the violation, such as photographs or property documents.
Legal action: If the local authorities do not take appropriate action, or if you believe your rights are being infringed upon, you may need to seek legal recourse. You may choose to obtain a court injunction to stop the construction or pursue a legal claim for the encroachment.
Please note that the specific procedures and regulations may vary depending on your location. It is crucial to consult with a qualified property lawyer who is familiar with the laws and regulations in your area to get accurate and relevant legal advice tailored to your situation.
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My grand father has own agriculture land hy his hardwork nd he wrote nd registered gift deed to my mom nd nd my uncle(dad brother) nd after 3years my grandfather is saying I want my land back bcz my uncle is controlling my grand father nd he wants to grab land from my mom is gift deed cancelable it's registered in register office nd 3years back. what is the time limit for cancellation of gift deed?
There are two modes of cancellation of a gift deed under Section 126 of the Transfer of Property Act of 1882:
Revocation by mutual agreement of the donor and donee: The donor and donee may agree that the gift shall be suspended or revoked upon the happening of an event not dependent upon the donor. The condition for revoking the gift must be expressly stated in the gift deed or in a separate mutual agreement forming part of the transaction. This type of revocation is governed by the agreed-upon conditions.
Revocation by rescission as in the case of contracts: If the consent of the donor was not free and was obtained through coercion, undue influence, fraud, or misrepresentation, the gift can be revoked on the same grounds on which a contract can be rescinded. The period of limitation for revoking gifts on these grounds is three years from the date on which the donor becomes aware of fraud, coercion, misrepresentation, or undue influence.
It's important to note that the specific time limit for cancellation of gift deed on the grounds of fraud, coercion, misrepresentation, or undue influence is three years from the date of knowledge by the donor.
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Can a father sell his ancestral property without permission of his children? If yes, what are the options for selling the ancestral property? After what age children cannot claim on ancestral property?
Under Hindu law, the general principle is that a father cannot sell the ancestral property without the consent of his adult sons (coparceners). The concept of ancestral property refers to property that is inherited by male descendants from three generations, including the father, grandfather, and great-grandfather.
According to the Hindu Succession Act, 1956, if a property is considered ancestral, it is held jointly by all the coparceners. Each coparcener has an equal share and a right to the property. In such cases, the consent of all adult coparceners is typically required for the valid sale or alienation of the ancestral property.
The Karta, who is the head of the family, generally has the power to manage and administer the ancestral property. However, the karta's power is limited when it comes to selling or alienating the property. The consent of all adult coparceners, including the son, is usually necessary for such actions.
It's important to note that there can be exceptions and variations based on specific circumstances, court interpretations, and personal laws. For example, in certain situations, such as legal necessity or benefit to the family, the karta may have the authority to sell the ancestral property without the consent of all coparceners.
As long as someone is considered a coparcener and the property is ancestral, they can have a claim on it. The concept of the coparcenary and the rights of children to the ancestral property are not strictly dependent on age but on their status as coparceners within the family.
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Sir my all family is Vitim of falls 125CRPC and , accused DV, Dowri tort on us n asking ₹ 500000 nett. And15000₹maintaince.they shown my income shown also falls.since five years we all are proooved unguilty even though in mahila madal also.she n her parents did not told any single word against.because I had brought 8vitness . But the madam forced me to give money to she n to self as her charge and taken sign on 18 of Oct.before all vitness. In nov.18.I rejected to give money n asked to send my wife. She raised hand to beat me n sister threatened 498, jail , highcourt ,10,00000₹ recover as comp. Before vitness.this before in fine insulted me before vitness in sep.18. Then she filed 125 In december may I file bribe n Defamation n cheating by filing fallcase n against her.pls guideme. My wife's parent were made insult by asulting me with silly words and come beating before 7witnes in phone also three years back.threaten to loose my job by filing case. Threat nof suicide from wife
If a female officer of a mahila mandal near you has assaulted and defamed you in front of others, threatened you with false prosecution and extorted money from you, and subsequently launched a false prosecution against you under 125 CrPC, you can take the following steps to address the issues:
1. Gather evidence: Collect any evidence you have, such as photographs, videos, audio recordings, or text messages that support your claims. These can be crucial in substantiating your complaint.
2. File a police complaint: Visit your local police station and file a First Information Report (FIR) against the female officer, detailing the incidents of threats, physical assault, extortion, defamation, and bribery. Provide the police with all the evidence and information you have.
The penal provisions that apply to your set of facts are -
a. Criminal Intimidation - Section 506 of the IPC deals with the criminal offence of criminal intimidation, which can apply when someone threatens injury to another person's reputation, causing them to do an illegal act.
b. Extortion - Section 383 of the IPC covers the offence of extortion, which can apply when someone uses force or threats to compel another person to deliver any property or valuable security.
c. Assault - Section 352 of the IPC deals with the offence of assault, which can apply when someone intentionally uses force against another person without their consent.
d. Defamation: Section 499 of the IPC covers the offence of defamation, which can apply when someone makes a false statement that harms another person's reputation.
e. False Charge: Section 211 of the IPC deals with the offence of instituting false criminal proceedings against a person with the intent to injure that person.
3. Contact higher authorities: If you encounter any resistance or inaction from the local police, you can escalate the matter to higher authorities. This may include contacting the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) in your area and explaining the situation to them.
4. Approach the State Women's Commission: You can also file a complaint with the State Women's Commission in your state. They are responsible for addressing issues related to women's rights and can assist in investigating and resolving the matter.
You may also choose to consult with a lawyer who specializes in criminal law to understand the legal options available to you and guide you through the process, represent you, and help you navigate the legal aspects of your case.
Remember, it is essential to act promptly and ensure that you have proper documentation and evidence to support your claims.
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I am and my divorce case is filed in karkardooma family court. my case has gone through 2 official.court sessions , latest was on 17.02.2018 on which judge passed an interim maintenance verdict according to which I need to pay my wife Rs. 50,000 as maintenence. I have my own expenses, short detail of which was attached with the initial petition. My wife is still staying at matrimonial house but i dont stay there. I have a son of age 6. My monthly salary is Rs. 44, 000. My question is that is there any way that I can fight against this decision of judge so that I donot need to pay her this huge amount, as I think that since on that day my lawyer didnot appear in the court, otherwise we could have fought for it. Also, after the writt
As to whether an appeal can lie against the order of maintenance passed by the court under Section 24, Hindu Marriage Act, 1955 (HMA), there appears to be a conflict of judicial opinion. On one hand, the Rajasthan High Court in 2018 and very recently the Madhya Pradesh High Court in 2022 has held that an order granting maintenance pendente lite (interim maintenance) though limited in duration is a final order and qualifies to be a judgment and this order is appealable under section 19(1) of the Family Court Act, 1984. On the other hand, the Chhattisgarh High Court in 2019 held that an order granting maintenance pendent lite is an interlocutory order and not a judgment and therefore an appeal against this order under section 19(1) Family Courts Act, 1984, would not be maintainable.
However, such an order can be suitably modified or totally recalled by the same court which granted it, in appropriate circumstances like the wife receiving a bulk amount at the time of her resignation. In Anand Prakash v Mansha Kumari (2020), on the assumption that the wife had no independent source of income sufficient to maintain herself, the court granted interim maintenance to her. However, on the day the family court, ordered the grant of interim maintenance, the wife had already joined a government job with a good salary. The husband filed for recall of the order of maintenance on the ground that she is able to maintain herself. The court accepted his submissions and held that he was not required to deposit the maintenance amount in future, in light of the changed circumstances and quashed the order of the family court. In Geetanjali Mahesh Aggarwala v Mahesh Aggarwala (2019), the wife was granted Rs 20,000 under section 125 of the CrPC, including Rs 12,000 under section 24 of the HMA, for self and two children. She preferred an application for enhancement of the maintenance, as the income of the husband was raised to Rs 1,00,000. The Gujarat high court allowed enhanced maintenance to her from the date of enhancement of the income of the husband.
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If I file a petition of cruelty on my wife, can I get divorce successfully?
Yes, a husband can file for divorce on the grounds of cruelty.
Section 13(1)(ia) of the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs, allows either spouse to seek divorce on the grounds of cruelty.
"Cruelty" refers to any conduct by one spouse that causes physical or mental suffering to the other spouse to such an extent that it becomes impossible for them to live together. The cruelty can be physical, mental, or even emotional.
To prove cruelty, the husband will need to provide evidence that his spouse's conduct caused him mental or physical harm and that it made it impossible for him to continue living with her. Evidence can include medical records, eyewitness testimony, and any other relevant documentation.
Having said that, whether a husband can get a divorce on grounds of cruelty depends on various factors, including the specific circumstances of the case, the quality of evidence presented, and the skill of the attorneys representing both parties.
However, it's worth noting that the Indian legal system is generally supportive of divorce on the grounds of cruelty, provided the evidence presented is sufficient to prove that the cruelty is of such a nature that it makes it impossible for the spouses to live together. As such, if a husband has sufficient evidence to prove cruelty, the chances of success may be relatively high.
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My question is 1. I am not working now and I am searching job. So.will I get baby support from.him as he is earning pretty good.. (40 lacs per annum) . 2. Can I ask.him to pay one time for baby's education purpose ?? 3. Can I ask him to buy a decent 2bhk flat for me and the baby? I don't need any alimony for me as I will do job. But why would the boy suffer??
Under Section 20 of the Hindu Adoption and Maintenance Act, 1956 both parents have an obligation to maintain their children, regardless of the mother's employment status. Therefore, if a wife is working, she is still liable to contribute towards the maintenance of her child as per court orders. The court will consider the financial status and earning capacity of both parents while deciding on the amount of maintenance. The amount of maintenance may be modified if there is a change in circumstances warranting so. In any case, the welfare and needs of the child will be of utmost importance while determining the maintenance amount. The court can order the husband to provide suitable accommodation for the wife and child, but it depends on various factors such as the financial status of the husband, the standard of living enjoyed by the family during marriage, and the needs of the child. It will be worthwhile for you to know that alimony and child support are different, and the wife can ask for both in case of divorce.
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Would like to know the average lawyer fees for a mutual divorce procedure? Thanks!
The fees charged by lawyers for handling a divorce case in India can vary depending on various factors such as the complexity of the case, the location of the court, the experience and expertise of the lawyer, and the duration of the case.
Generally, the fees can range from a few thousand rupees to lakhs of rupees. Some lawyers may charge a fixed fee for the entire case, while others may charge an hourly rate or a percentage of the settlement amount.
It is advisable to discuss the fees upfront with the lawyer before hiring them to avoid any misunderstandings later on.
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I was cheated and dumped by a girl ..past week I messaged her asking only why she did this to me?? ..she called the police and complained that I am calling messaging her and stalking and threatening her...police threatened me and warned me not to do so again..they did not registered an fir.. Now I wants to upload all our photos on Facebook ...is uploading photos violation of any law?? Photos does not contain any obscene things...... Plzzz help me
In India, the act of using someone's pictures without their permission or posting pictures without their consent can potentially infringe upon their right to privacy. The right to privacy is protected under Article 21 of the Constitution of India. Aggrieved individuals may file a writ petition and seek civil remedies for the unauthorized use of their pictures. This can include seeking an injunction to prevent the use of the pictures or seeking compensation for any harm caused by the unauthorized use.
Additionally, there are certain provisions within the Information Technology Act, of 2000, and the Indian Penal Code, of 1860, that can be applicable in such cases.
Under the Information Technology Act, 2000 (IT Act) the provisions that can be used to prosecute individuals who post pictures without consent are:
1. Section 66E of the IT Act - deals with the violation of privacy by capturing, publishing or transmitting an image of a private area of any person without his or her consent. For the same, the punishment prescribed is either three years in prison or a fine of not more than two lakh rupees, or both.
2. Section 67 of the IT Act – deals with publishing or transmitting obscene material in electronic form where obscene material is any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons. The first conviction carries a sentence of up to three years in prison and a fine of up to five lakh rupees, with subsequent convictions carrying a sentence of up to five years in prison and a fine of up to ten lakh rupees.
Under the Indian Penal Code, 1860 (IPC) the provisions that can be used to prosecute individuals who post pictures without consent are:
1. Section 354C of the IPC - deals with the offence of voyeurism. It is an act of watching, capturing, or recording images of a person engaged in a private act in circumstances where that person would have a reasonable expectation of privacy, without their consent. It is worthwhile to note that 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.
The punishment for the same is imprisonment for a term of not less than one year but may extend up to three years, and/or a fine.
2. Section 509 of the IPC - deals with the act of intentionally insulting the modesty of a woman by word, gesture, or act. This section can be applicable in cases where pictures are used or posted without a woman's consent, leading to harassment or insult. It is punishable with imprisonment which may extend to three years and also with fine.
3. Section 500 of the IPC – deals with the offence of defamation. This section prohibits creating or sharing statements or representations, in any form, that are believed to harm a person's reputation. To commit an offence under this section, it is essential that the intention to harm someone's reputation must exist. A person found guilty of this offence can face up to two years of simple imprisonment, a fine, or both.
The use of pictures without permission can have serious consequences and individuals should always obtain consent before using someone else's pictures.
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