PARTITION DEED EXECUTED BETWEEN MINORS BY UN REGISTERED INSTRUMENT IS VALID?

Generally, Division of Property between the family members or coparcenars need not be registered. However, when the property division completed between minor child by unregisered instrument would liable to registere the same to avoid future legal hassels under the grounds that partition was injustice due to not able to recognize their respective right over the property. Hence, when the minors become the major that they had two option two challenge the same under the Law of Limitation Act i.e, within 3 years from the date of majority or from the date of knowledge by seeking condonation of delay (Now a days people filing case before the court under this ground)before the Court. Therefore, it would be great if that all members of the family executed a Confirmation Deed before the Sub Register office. As you aware,The law is settled that an unregistered document which requires registration is admissible in evidence under Section 49 of the Indian Registration Act, 1908.

NON APPROVED LAYOUT PLAN EFFECT.

The builder/Concerned developer should get approval of layout plan from concerned authorities before commencement construction of residential  building under the Karnataka Town and Country Planning Act, 1961. Constructing building in unapproved layout will not be given permission to be occupied or such layout plots will be considered as unlawful and ample penalties will be levied as per Municipal Laws. Land which is sub-divided into plots without permission from competent authority is considered illegal or unapproved layout. No facilities such as roads, drainage, street lighting will be extended in such areas.The building should comply with building laws for sanction or approval of basic amenities.The Department of Rural Development and Panchayat Raj has issued a circular on December 28, restricting gram panchayats across the state from approving or sanctioning building/layout plans for Deputy Commissioner (DC) converted lands.

Illegal Construction and Notice from the Local Authority, Basic Precaustions:

Generally, Public should know the  basic law to deal with any type of immovable property because of ignorance of law is no excuse under the Indian Law. Before purchase any property in respect of site or flat that you must know basic requirement of legal documents and you have to raise following prelimenary queries to the Seller viz,

1. Origin of the land or site (Recommend for Advocate or Legal Expert)

2. Nature of Property, CDP and ODP verification.

3.Coversion of Land, 

4. Building License and Approved Plan from the local authority(BDA,BBMP, BMRDA,BIIAPA Etc). For your information, Grama Panchyath has no authority to approve any layout plan.

5. Is there any Land Notification Order or Nil Land Acquisiton?

6. Encumberance Certificate verificaion regarding Form No. 15 and 16

7. NOC from the BESCOM, BWSSB, KSPCB, FIRE,AIRPORT,BSNL if the building belongs highrise building i.e, Ground Floor+4th Floor or Morethan 15 Meter within the meaning of local authority bye laws.

7a.Joint Development Agreement, GPA, Sharing Agreement, Partnership Firm Registration,  verification and GPA executant must alive during exectution of your Agreements and Sale    Deed when the builder is going to represent the land owner.

8. Tax Paid Receipts

9. Khatha Extract and Certificate

10. Occupancy Certificate and Completion Certificate

11. General Precaustions: Lake, Nala, Raja Kaluve, Gomal Land, Sewage Pipe Line, Hightension Wire, Sensitive Zone, Road Widening Proposal as per the CDP or ODP, New upcoming Road proposal, Reserved Forest Area, SC/ST granted land and locking period verifictions. Builder Reputation and feedback, reviews. Construction level, Building Stability Certificate, FAR follow up, Zonal Regulation followup,Approved Plan Bye law's terms and conditions followup, Deviation percentage, Association proper Formation, Legal Documents custody, Original Documents Verifications, Amenities, Kharab Land Utitlity and reservation for Public Purpose, Building Warranty Certificate, Quantity Survey Report, Local Bank Approvals, All adovate Legal Scrutiny Reports, Court Stay Orders, Litigations, Minor claims, J etc.,

Supreme Court Judgement’s new interpretation for the women right over the ancestral property.

As per the new Supreme Court Judgement, the daughters are not having any right over the ancestral property and her right completely barred from the inheritance if the father died before 2005. Therefore, notwithstanding anything contained in the act by mentioning that women will acquire the right by birth, the word of the amendment speak for itself and unequivocally provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement’ of the amendment Act. Finally, this judgement will not disturb the inheritance right from the Self acquired property of her father when he died intestate.  

Right to life does include Right to eat as people wish. However, Every Citizen should know about Right to Believe towards the Religion faith and respect their believes. Nobody have right to interfere in anyone's personal life. Because, he does know what to eat and what not to eat. I will give one example: In case, if sheep or chicken was a bird of god for a any Religion and prohibited the same in one Religion. Whether the particular religion would have given up eating? No. In my opinion, every animal are having their own soul and they have equal right to live in this World. All are having moral right to live with peaceful enjoyment. Because, everything created by God, man only modified something. Only microscopic minority animals notified by the Government for protection by enacted law.

Are Non Resident Indians (NRIs) & Foreign Citizen of Indian origin (PIOs) allowed to acquire or dispose immovable property in India?

Yes! The Reserve Bank of India has clearly granted permission to all Non Resident Indian's (NRIs) & Foreign Citizens of Indian origin (PIOs) to acquire & dispose immovable property in India, be it Residential or Commercial Property. However the RBI has a restriction on the purchase of Agricultural Land/Plantation Property or Farmhouses in India.

Therefore, when a person who is foreign citizen allowed acquiring property which is permitted by RBI shall be interpreted that person entitle to obtain decree for attachment of immovable property in the event of fail to make payment to acquire the loan secured property under the Indian law.

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Equitable mortgage through Power of Attorney in India is valid? 

In special cases, where documents are to be executed by an attorney on behalf of the principal, the original Power of Attorney must be examined to ensure that the same covers requisite authority for the purpose of such execution. It is advisable to obtain written confirmation from the principal at the time of execution of the document/s to the effect that such Power of Attorney continues to be in force and is subsisting. Notarization of power of attorney is not mandatory; however in such instances, care should be taken to verify that the power of attorney has been executed in the presence of at least two witnesses / executed in the presence of a consulate/embassy (if the document is executed outside India) & that the names and residential addresses and signatures of the witnesses are also clearly specified / made in the power of attorney.  

   Do we need to register this equitable mortgage document with the sub-registrar in India? 

As per the Section 59 of the Indian Transfer of Property Act, 1882,which speaks about mortgage when to be by assurance, where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title deeds can be affected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be affected either by a registered instrument signed and attested as aforesaid or (except in the case of a simple mortgage) by delivery of the property.

The word “other than a mortgage by deposit of title deeds” unequivocally clinching that the mortgage by deposit of title deeds, which is more commonly known as an Equitable Mortgage need not to be registered for it to be enforceable and its only in cases where the memorandum recorded in writing creates right, liability or extinguishes those, same requires registration, which it is not in the case on hand.

In the case in hand, the original deeds would be deposited with the Lender or his duly appointed Power of Attorney in India. the charge of mortgage can be entered into revenue record in respect of mortgage by deposit of title deeds-----it is immaterial subject herein and for that, instrument of mortgage is not necessary. Mortgage by deposit of title-deeds further does not require registration.The following evidence clearly establishes that “Equitable Mortgage Need Not Be Registered”

1.                  Section 59 of the Transfer of Property Act,1882 as explained above.

2.                 As per Hon'ble Chief Justice, M.N.Chandurkar, Nanjappa, H.G v. M.F.C.Industries (P) Ltd., 1987 (100) LW 4, wherein, the learned Judge has held that memorandum accompanying a list of title deeds deposited under an equitable mortgage did not require registration and is admissible in evidence.

3.                 Supreme Court Judgment: It is clinched by the Apex Court in judgement of STATE OF HARYANA & OTHERS v.s NAVIR SINGH AND ANOTHER SPECIAL LEAVE PETITION (CIVIL) NO. 18323 OF 2008 and CIVIL APPEAL NO.9030 OF 2013

4.                 Madras High Court Judgment: S.K.RajendranvsK.Sakthivel on 6 June, 2011, Civil Revision Petition (NPD) No.1304 of 2007 and M.P.No.1 of 2007.

   Execution of foreign decree in India in respect of loan recovery and validity of agreement which was executed outside India

If the lender and Borrower are both residing in USA the foreign lender can also obtain an executable decree/award from the foreign jurisdiction, however, when execution is applied in Indian courts the same foreign lender may faces difficulty in execution, as there are only a few countries which are recognized as a “reciprocating territory” under the Indian laws (Section 44 A of the Civil Procedure Code, 1908) whereby any decree or award passed by certain courts. Hence it is recommended that under the Equitable Mortgage Memorandum the jurisdiction for enforcement proceedings should be prescribed as Bangalore, India.

The Indian Contract Act 1882 recognizes all contracts entered into by parties competent to contract and having the elements of a valid contract as defined under the Act. Such contracts and agreements entered into by competent parties where ever in the world can be enforced in a court of law in India if for a valid reason the jurisdiction is India. In the case at hand, as the mortgage property is situated in Bangalore India and hence the jurisdiction for all legal matters pertaining to the Equitable Mortgage should to be Bangalore, India. Once this is defined in the agreement, the place where the agreement is executed or the consideration is delivered not of relevance and the same could be in USA for agreement to be legally enforced in the appropriate defined jurisdiction in India in case of a default by parties.