SC: No statutory period required to get a divorce under Mutual Consent if the married couple living separately more than 5 years

(SUPREME COURT CASES (Non Reportable) in ADITI WADHERA V/s VIVEK KUMAR WADHERA, INTERLOCUTORY APPLICATION NOS 3 & 4 OF 2016 IN TRANSFER PETITION (C) NO.569 OF 2014)

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Fact of the Case:

Mr. Vivek Kumar Varinder Wadhera  and Mrs. Aditi Vivek Kumar Wadhera, both have lived as husband and wife only for a few days in the year 2010. Both parties have exercised their free will and have taken a conscious decision to part and put an end to all other litigation as well. They have also filed a joint petition for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act before the District Court.

Court Observations

The Bench comprising of Justices Kurian Joseph and RF Nariman highlighted that “Having regard to the background of the several litigations between the parties over a period of five years, background of the parties living separately for more than five years, submission of Mr. Vivek Kumar Varinder Wadhera that he has to go back to his work place in U.S.A and also having regard to the submission of Aditi Vivek Kumar Wadhera that she has now to think of her future, we are of the view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent by waiving the statutory period of waiting.”

Further, Court ordered that there shall not be any restraint on the travel of both the parties and their family members on account of criminal cases referred in this case, quashed the same by the Court.

Article 142 of the Indian Constitution speaks about “Enforcement of decrees and orders of Supreme Court and unless as to discovery” etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Important Note: This is Non Reportable Judgement, hence, if you want to refer this judgment to the lower court, you ought to produce the certified copy. In order to get certified copy of the unreported judgments, you have to file a third party affidavit and to be obtained the same through court order.

Compromise in rape cases through marriage or other way of victim is prohibited by law: Supreme Court.

                                                                             

CRIMINAL APPEAL NO. 231 OF 2015 SLP(Crl) No. 5273 of 2012 State of M.P. Vs Madanlal

Supreme Court clearly stated that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple.

These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defiled, the “purest treasure”, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner; and we say with emphasis that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error. Or to put it differently, it would be in the realm of a sanctuary of error. We are compelled to say so as such an attitude reflects lack of sensibility towards the dignity, the elan vital, of a woman. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility.

Principle: Even though accused is ready to marriage of victim with her consent that cannot be allowed from the punishment immunity under the law.

CHEQUE BOUNCE CASE: ACCUSED ACQUITTED DUE TO COMPLAINANT FAILED TO ESTABLISH PROOF OF INCOME.

As you aware, Most of the people are lending loan without following rules and regulation which is prescribed under the law. And Creditors are getting blank security cheque and promissory note without mentioning a single word deliberately.  In such being, cheque or promissory note are getting fraud, fabrication, material alteration by inserting wrong entry against original fact when a debtor fail to make payment as per the commitment.  As such, the Hon’ble Supreme Court has made it clear that no person can obtain judgment against the debtor towards the dishonour of cheque unless established the proof of income which means that the complainant need to provide the origin of income and submit income tax return for the verification of proof of income.  Otherwise, the complainant can’t recover the loan legally even though obtain cheque or promissory note.  

What is Joint Family Property under the Supreme Court and High Court Interpretation ?

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The moment a son is born, he gets a share in father‟s property and becomes part of the coparcenary. His right accrues to him not on the death of the father or inheritance from the father but with the very fact of his birth. Normally therefore, whenever the father gets a property from whatever source from the grandfather or from any other source, be it separate property or not, his son should have a share in that and it will become part of the joint Hindu family of his son and grandson and other members who form joint Hindu family with him. This Court observed that this position has been affected by Section 8 of the Hindu Succession Act, 1956 and, therefore, after the Act, when the son inherited the property in the situation contemplated by Section 8, he does not take it as a Karta of his own undivided family but takes it in his individual capacity. At pages 577 to 578 (of SCC): (at p.1760 of AIR) of the report, this Court dealt with the effect of Section 6 of the Hindu Succession Act, 1956 and the commentary made by Mulla, 15th Edn. Pages 924-926 as well as Mayne‟s on Hindu Law 12th edition pages 918-(This question has been considered by this Court in Commr. of Wealth Tax. Kanpur v. Chander Sen, (1986) 3 SCC 567: (AIR 1986 SC 1753),

In Amit Johri vs Deepak Johri & Ors. (24.02.2014), Ruling of Delhi High Court].It may be true that property under Hindu Law can be classified under two heads:- (i) coparcenary property; and (ii) separate property. Coparcenary property is again divisible into (i) ancestral property and (ii) joint family property which is not ancestral. This latter kind of property consists of property acquired with the aid of ancestral property and property acquired by the individual coparcener without such aid but treated by them as property of the whole family.

It may also be true that the three notions: (i) joint property, (ii) joint family property, and (iii) joint ancestral family property are not the same. In all the three things there is no doubt a common subject, property, but this is qualified in three different ways. The joint property of the English law is property held by two or more person jointly, it characteristic is survivor-ship. Analogies drawn from it to joint family property are false or likely to be false for various reasons. The essential qualification of the second class mentioned above is not joints merely, but a good deal more. Two complete strangers may be joint tenants according to English law; but in no conceivable circumstances except by adoption could they constitute a joint Hindu family, or in that capacity, hold property. In the third case, property is qualified in a two-fold manner, that it must be a joint family property and it must also be ancestral. It is obvious that there must have been a nucleus of joint family property before an ancestral joint family property can come into existence, because the word ancestral connotes descent and hence pre- existence. But because it is true that there can be no joint ancestral family property without pre-existing nucleus of joint family property, it is not correct to say that these cannot be joint family property without a pre- existing nucleus, for, that would be identifying joint family property with ancestral joint family property. Where there is ancestral joint family property, every members of the family acquires in it a right by birth which cannot be defeated by individual alienation or disposition of any kind except under certain peculiar circumstances. This is equally true of joint family property. Where a sufficient nucleus in the possession of the members joint family has come to them from a paternal ancestor, the presumption is that the whole property is ancestral and any members alleging that it is not, will have to prove his self-acquisition. Where property is admitted or proved to have been joint family property, it is subject to exactly the same legal incidents as the ancestral joint family property, but differed radically in original and essential characteristics from the joint family is the tie of sapindaship without which it is impossible to have a joint Hindu family, which such a relationship is unnecessary in the case of a joint tenancy in English laws (para 14 of the Judgement).

It may further be true that coparcenary property means and includes: (1) ancestral property, (2) acquisitions made by the coparceners with the help of ancestral property, (3) joint acquisition of the coparceners even without such help provided there was no proof of intention on their part that the property should not be treated as joint family property, and (4) separate property of the coparceners thrown inot the common stock.

In Rajani Kanta Pal v. Jaga Mohan Pal (2) the Privy Council held that " Where a member of a joint Hindu family blends his self-acquired property with property of the joint family, either by bringing his self-acquired property into a joint family account, or by bringing joint family property into his separate account, the effect is that all the property so blended becomes a joint family property." The question which falls for our decision is: Does this principle apply in regard to a property held by a Hindu female as a limited owner? In our opinion, it, is difficult to answer this question in favour of the; appellants. The rule of blending postulates that a;, coparcener who is interested in the coparcenary property and who owns separate property of his own may, (1) The Vyavahara Mayukha, Pt. 1, by Vishvanath Narayan Mandlik, 215.(2)(1923) L.R. 50 I.A. 173. by deliberate and intentional conduct treat his separate property as forming part of the coparcenary property. If it appears that property which is separately acquired has been deliberately and voluntarily thrown by the owner into the joint stock with the clear intention of abandoning his claim on the said property and with the object of assimilating it to the jointfamily property, then the said property becomes a part of the joint family estate ; in other words, the separate property of a coparcener loses its separate character by reason of the owner's conduct and get thrown into the common stock of which it becomes a part. This doctrine therefore inevitably postulates that the owner of the separate property is a coparcener who has an interest in the coparcenary property and desires to blend his separate property with the coparcenary property. There can be no doubt that the conduct on which a plea of blending is based must clearly and unequivocally show the intention of the owner of the separate property to convert his property into an item of joint family property. A mere intention to benefit the members of the family by allowing them the use of the income coming from the said property may not necessarily be enough to justify an inference of blending; but the basis of the doctrine is the existence of coparcenary and coparcenary property as well as the existence of the separate property of a coparcener. How this doctrine can be applied to the case of a Hindu female who has acquired immovable property from her father as a limited owner it is difficult to understand. Such a Hindu female is not a coparcener and as such has no interest in coparcenary property. She holds the property as a limited owner, and on her death the property has to devolve on the next reversioner. Under Hindu law it is open to a limited owner like a Hindu female succeeding to her mother's estate as in Madras, or a Hindu widow succeeding to her husband's estate, to efface herself and accelerate the reversion by surrender; but, as is well known, surrender has to be effected according to the rules recognised in that behalf. A Hindu female owning a limited estate cannot circumvent the rules of surrender and allow the members of her husband's family to treat her limited estate as part of the joint property belonging to the said family

In Sunil Kumar and another Vs. Ram Prakash and others [(1988) 2 SCC 77]" the Hon'ble Supreme Court interpreted that In a Hindu family, the Karta or Manager occupies a unique position. It is not as if anybody could become Manager of a joint Hindu family. As a general rule, the father of a family, if alive, and in his absence the senior member of the family, is alone entitled to manage the joint family property."

 Rape and murder of 11-year-old girl and Evidence Analysis

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Deceased, aged about 11 yrs, had gone alone from her house to prepare cow dung cakes – Respondent-accused forcibly took her into wheat filed with bad intentions – She raised cries and on hearing the same, PWs 2 and 3, who were passing by at a short distance, came to said filed and saw respondent strangulating deceased with a dupatta – On seeing them, respondent ran away and when they tried to chase him, he could not be caught – Trial Judge convicted respondent and sentenced him to death – High Court allowed appeal and acquitted respondent and rejected capital sentence reference – High Court disbelieved statement of independent eyewitnesses, PWs 2 and 3 on ground of contradictions between statements made under S. 161 CrPC and their evidence before court and delay in lodging of FIR – Respondent further submitted that non-recovery of chunni (dupatta i.e. a kind of stole), which was alleged to have been used for strangulating victim was fatal to prosecution case – Held, PWs 2 and 3 are not related to deceased, and are independent eyewitnesses who actually witnessed occurrence – Alleged contradictions are trivial in nature and  have not affected prosecution case, which is also supported by medical evidence – Analysis and ultimate conclusion of High Court is contrary to acceptable and reliable material placed on record by prosecution – Accused first committed offence of rape and then murdered the deceased – Sentence of RI for life, imposed – Criminal Procedure Code, 1973, Ss. 374 and 161.

 B. Criminal Procedure Code, 1973 – S. 154 – FIR – Delay in FIR – If reasonably explained – Occurrence at 4.30 p.m. – FIR LODGED AT 11.05 P.M. – Rape and murder of 11-year-old minor girl in village – Father of victim (PW 1), a village, on hearing of incident through PWs 2 and 3 (who had been passing by), rushed to spot, made arrangements to cover body of his daughter, tried for some time to trace accused, and thereafter, reached police station which was at a distance of 2 km – Held, it cannot be construed that there was any unreasonable and unexplained delay which goes to root of prosecution case – Delay has been properly explained by PW 1 – Even otherwise delay cannot be said to be abnormal as erroneously observed by High Court – Penal Code, 1860 – Ss. 376 and 302.

 C. Criminal Procedure Code, 1973 – S. 154 – FIR – All details as spoken to by PWs 1, 2 and 3 were not mentioned in FIR – Held, trial court rightly observed that FIR need not be encyclopaedic – It is just an intimation of occurrence of an incident and it need not contain all facts related to said incident. 

D. Criminal Trial – Investigation – Defective or illegal investigation – Effect of – Death caused by strangulation – Prosecution failed to recover chunni (dupatta) which was alleged to have been used for strangulating victim but, remaining material objects, evidence of prosecution witnesses, statement of doctor (PW 4) who conducted post-mortem, his opinion, etc. amply prove prosecution case – Hence, claim of respondent regarding defect in prosecution evidence, rejected – Penal Code, 1860 – Ss. 376 and 302 – Rape and murder. 

E. Penal Code, 1860 – Ss. 376 and 302 – Rape and murder of minor – Medical evidence – Appreciation of – Absence of report of Sperm Detection Test – Effect of – Cause of death of deceased was asphyxia due to strangulation and also ante-mortem injuries – Conclusion of PW 4 (doctor) fully supported prosecution case that deceased was raped before strangulation – Blood was seen in vagina of deceased – Held, in absence of abovesaid report, prosecution case cannot be doubted about rape, particularly, in the light of categorical findings of PW 4 that murdered victim’s hymen was found to have been ruptured – Other prosecution witnesses also stated about injuries on her private parts and oozing of blood – Medical evidence proved that victim was raped before her death and she dies on 5-3-2002 – Prosecution story is fully corroborated with medical evidence on record – High Court failed to give importance to said evidence. 

F. Penal Code, 1860 – Ss. 302 and 376 – Rape and murder of 11-year-old girl – Conviction restored – Sentence – Incident occurred in year 2002 – Trial court imposed death – High Court acquitted respondent – Held, rigorous imprisonment for life would meet ends of justice.

 G. Crimes Against Women and Children – Rape – Primary concern both at national and international level is about devastating increase in rape cases and cases relating to crimes against women – India is no exception to it – Although statutory provisions provide strict penal action against such offenders, it is for courts to ultimately decide whether such incident has occurred or not – Courts should be more cautious in appreciating evidence and accused should not be left scot-free merely on flimsy grounds – In present case, accused had committed rape which repels moral conscience as he chose a girl of 11 yrs to satisfy his lust and subsequently murdered her – Penal Code, 1860, S. 376.

(Refer Case (2012) 9  Supreme Court Cases 742 STATE OF UTTAR PRADESH Vs MUNESH Compiled by Tamil Nadu Judicial Acadmy)

Life Imprisonment Punishment instead of 7 year imprisonment for Acid Attacker : Bombay High Court

When she rejected to marry him, Appellant/Accused removed one bottle, which was containing acid, and threw that acid on her face. The acid not only burnt her face and eyes, but it also dropped and spread on her neck, both hands, legs and other parts of the body.

Coming to the quantum of sentence imposed on the Accused by the Trial Court, that of seven years of imprisonment and payment of compensation of Rs.10,000/- to her father, under Section 357(3) of Cr.P.C., by quoting reason that a young girl like Neha is not likely to lead a normal life due to the permanent disfigurement caused to the visible parts of her body like face, neck, hands, in our considered opinion, the punishment imposed by the Trial Court is too meagre and inadequate and it calls for the interference.

It is surprising that despite making such observations and refusing leniency in award of punishment to the Appellant, the Trial Court has imposed merely the imprisonment of seven years only. The punishment provided for the offence under Section 307 of IPC is that of imprisonment for life, if hurt is caused to the victim on account of the act of the Accused. Here in the case, it was not only a simple or grievous hurt, which is caused to Neha, a young girl with bright future, but the hurt is such that it has left an indelible mark and a permanent disfigurement of her face. Needless to state, that the injuries caused by the acid are the most painful and they result into a permanent damage. As deposed by Medical Expert Dr. Daddi, even after several such operations, including the operation of skin grafting, her injuries cannot be cured completely. She will never become normal on account of permanent disfigurement of her face, neck, hands and other parts of the body. Therefore, here in the case, the hurt caused is a permanent damage to her physically and psychologically. Hence, no other punishment except that of the maximum punishment of life imprisonment can do real justice to her. Awarding of amount of compensation of Rs. 10,000/-, when already her father has incurred the expenses of Rs.4,50,000/-, is not going to give any solace to Neha. Therefore, that cannot be a reason to award punishment less than the life imprisonment to the Appellant

As observed by the Apex Court in State of M.P. Vs. Kashiram and Ors., AIR 2009 SC 1642, “the punishment to be awarded to the crime must not be irrelevant, but it should confirm and be consistent with the atrocity and brutality with which the crime has been perpetrated, the enormity of crime warranting public abhorrence and it should respond to the society's cry for justice against the criminal.

Finally, the Hon’ble Supreme Court allowed Criminal Appeal No.686 of 2007 preferred by the State for enhancement of sentence of the Appellant is allowed. The Appellant is sentenced to suffer imprisonment for life and to pay fine of Rs.2,00,000/-, which shall be awarded as compensation, to Neha under Section 357(1) of Cr.P.C. In default of payment of fine, Appellant to undergo further Rigorous Imprisonment for two years. Police are directed to intensify their efforts to trace the Appellant and to bring him to book to undergo the sentence and punishment imposed by this Court.

For more details read judgement: CRIMINAL APPEAL NO.324 OF 2007 along with C A.No.686/2007 Kailas Sitram Adagale Vs. State of Maharastra and Neha Ajay Malviy Dated: 22.02.201

What is “Stridhana Property”?

 Image Sources: http://gstv.in/

Recently, the Hon’ble Supreme Court has impose restriction over the women’s equal right towards the ancestral property. However, most of the Indian women doesn’t know about her vested right what she has present which was acquired from her maternal and paternal properties and what she obtained during the course of marriage. In such being, she must know about Stridhana property.

The Definition of Stridhana Property has been explained by the Hon’bel Supreme Court in L. GOWRAMMA (D) BY LR. VS SUNANDA (D) BY LRS. & ANR. ...RESPONDENTS.CIVIL APPEAL NOS. 174-175 OF 2016

 (1) “Stridhana” means property of every description belonging to a Hindu female, other than property in which she has, by law or under the terms of an instrument, only a limited estate.

(2) “Stridhana” includes :-(g) property taken by inheritance by a female from another female and property taken by inheritance by a female from her husband or son, or from a male relative connected by blood except when there is a daughter or daughter’s son of the propositus alive at the time the property is so inherited.

(3) All gifts and payments other than or in addition to, or in excess of, the customary presents of vessels, apparel and other articles of personal use made to a bride or bridegroom in connection with their marriage or to their parents or guardians or other person on their behalf, by the bridegroom, bride or their relatives or friends, shall be the stridhana of the bride.”

In Pratibha Rani v. Suraj Kumar and Another. In the said case,( (1985) 2 SCC 370 ) the majority referred to the stridhan as described in “Hindu Law” by N.R. Raghavachariar and Maine’s “Treatise on Hindu Law”. The Court after analyzing the classical texts opined that:- ”It is, therefore, manifest that the position of stridhan of a Hindu married woman’s property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes — she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so. It may be further noted that this right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt.”  In the said case, the Court ruled: - “... a pure and simple entrustment of stridhan without creating any rights in the husband excepting putting the articles in his possession does not entitle him to use the same to the detriment of his wife without her consent. The husband has no justification for not returning the said articles as and when demanded by the wife nor can he burden her with losses of business by using the said property which was never intended by her while entrusting possession of stridhan. On the allegations in the complaint, the husband is no more and no less than a pure and simple custodian   acting on behalf of his wife and if he diverts the entrusted property elsewhere or for different purposes he takes a clear risk of prosecution under Section 406 of the IPC. On a parity of reasoning, it is manifest that the husband, being only a custodian of the stridhan of his wife, cannot be said to be in joint possession thereof and thus acquire a joint interest in the property.”

APARTMENT/ASSOCIATION HANDOVER DOCUMENTS CHECKLIST

                                                                                                                                                                                                                                                            

Image Sources: property.mitula.in The following documents are very vital documents before handovering flats to the association. The builder has bounden duty to comply all the mandatory documents and the flat members or association has all the rights to recover the same from the builder. The Association can move a Consumer Forum to claim these documents in the event of fail to get from the builders.

LEGAL DOCUMENTS

Property Documents executed between the Landowners and Builders

JDA,GPA,SUPPLEMENTARY AGREEMENTS IF APPLICABLE

Convesion, Receipt, Change of Land use

Approved Construction Plan

Completion Certificate and Comencement Certificates

Occupancy Certificate

NOC from Fire Department

NOC from KSPCB

NOC from Airport Authority

NOC from the BESCOM

NOC from Telephone Authority

NOC from BIAAPA, BBMP, BDA,BMRDA If applicable

NOC from the BWSSB

Property Taxes, Khatha Extract, Certificates, Amalgamation

Land Revenue Records (RTC, MR, KARDA, GRANT CERTIFICATE etc.,)

Endorsements ( PTCL, 7A & 48A, 79 A&B, Nil Acquistion Etc.)

OTHER LAND RECORDS

OPERATIONS

Drawings of the Electrical Wiring including Earthing Points

Drawings of the Water Piping

STP Drawing & certification by Architect/Pollution Control Board

Approval for STP Installation

Waste Disposal system with approval from Pollution Control Board

AMC Documents – Lift, Generator, Transformer, Apartment ADDA portal, etc.

Invoices and Warranties for all Assets – Pumps, Lift, Generator, Transformer, Pool

Equipments, Gym Equipments

Clearance to operate Elevators

NoC from Electrical Inspector

FINANCE , ACCOUNTS

Payment Record for Taxes towards Property, Construction and Maintenance

Payment Record for City/Municipality Water Supply

Record of Maintenance Expenses while under Builder’s Maintenance

Record of all Collections made from the Owners (except purchase related)

Contracts with existing Maintenance, Security staff

MAJOR GENERAL RECORDS

Audited accounts of the maintenance and interest earned

Details of deposit, if any

Apartment tax related details

Insurance details for the building

Handover of the left over money

Handover of the office room, departmental stores, records, documents etc. to the association.

Contract or agreement details of maintenance staffs and security service

Issue of consent letter from the Electricity Board for change of name

List of amenities in the apartment

List of services offered by builder after handover of apartment

Handover of the function hall, parking lot, swimming pool and other amenities to the association

Contracts on the structural issues

Insurance details for the building

Car Parking allocation and marking

Repairs or service (for any of the houses, if the owner asks for it)

Building structural warranty Certificate if possible

Approval fro storm water connection

Lift Approval Copy

Lift Operation Certificate from CEIG

Plumbing,Electrical, Architectural and structural drawing

RWH

Documented evidence of RWH compliance

Technical detailsof RWH systemincluding details of Terrace Areacovered, Piping,Sump details

Lab test of water quality STP

Approval fromlocal authoritiesfor Bore well

Technical Documentation

Proof of testing including water sampletest

Lab test of water quality

Fire &Emergency Management Detectors and Alarm System

Inspection Certificate from Fire Safety authorities

Technical documentation including wiring diagrams, etc.

Proof of firesystem checks

Manual checks of detectors,panels etc.

Manual check of Public Address System

Manual check of Panic ButtonSystemSprinklers,Hydrants &Hoses

Piping diagramsfor fire pipes

Inventory of Hoses (brassfittings are valuable and tendto be stolen)

Random checking of hydrants– open and closePumps & ControlSystems

Technicaldocuments,includingspecifications

Manual checks of pumps

SecurityCCTV System

User Manuals and TechnicalDocumentation of CCTV

InspectionReport

Manual verification of (a)Viewing of Images (b) Retrievalfrom Storage System (if applicable)Access ControlSystem

TechnicalDocumentation

InspectionReport

Manual testing of all accesspoints

Documented procedure withidentified vendor forreplacement of access cards –

also finalize rate

OthersPiped Gas System

Applicableapprovals fromrelevantauthorities

Piping Diagrams

InspectionReport

Manual inspection, to theextent possible

DG Approval, Drawings, Manual and Warranty

Manual inspection forincomplete / defectiveconstruction, leakages, etc.

BuildingStructureBuilding

ElectricalsSwitchgear

Wiring Diagrams

Check major components(common area lighting,pumps, etc.)LiftsDG Sets

Technical Documentation and Specifications

Check auto switch on/off onmains fail

Check Diesel Consumption andcompare with benchmarks

Water,Plumbing &SanitationMains watersupply system

Piping Diagrams

Sump and Overhead Tank Documentation

Technical documentation for pumps

Manual inspection of key pipesfor leakages

Manual checking of mainsmeter for correct functioning Bore well

Approval fromlocal authoritiesfor Bore well

Documentation indicating Borewell depth, etc.

Bore well yield kreport

Manual test of Bore well yield

Lab test of water quality

Nexus Test Report

Log Sheet book

BUILDING DOCUMENTS

Coloum Footing Layout

Beam Layout Plinth

Swimming Pool Drawing

Steel quantity Drawing

Overhead Tank Drawings

Staircase Drawings

Framing Plan

Beam Layout Slab, Slab Details, Beam Cross Section Building Structure Stability Certificate Photo Sources: property.mitula.in

Purchasing Two Flats/Villa simultaneously would be treated as commercial Usage

A person, who booked two residential flats or villa in the same project would be treated as commercial usage and he will lose the right to claim against the builder under the Consumer Protection Act because of that customer cannot not be treated as consumer under the Section 2(1)(D) of the Act.

The word “Consumer” is defined in Section 2 (1) (d) of the Consumer Protection Act, 1986, which is reproduced as under:-

d)  ‘Consumer’  means any person, who :-

(i)     buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) “hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system  of deferred payment and includes any beneficiary of such services  other than the  person  who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval  of the  first mentioned person but does not  include a person who avails of such services for any commercial purpose”.

  It is unequivocally established in several cases that  “[III (2012) CPJ 315] Chilkuri Adarsh v. Ess Ess Vee Constructions” in which it was held that when a consumer has booked more than one unit of residential premises, it amounts to booking of such premises for commercial purposes.  This Commission in “[IV (2007) CPJ 199] Jagmohan Chabra and Anr. v. DLF Universal Ltd.” also observed that when complainant has booked two flats on 2 floors he does not fall within the purview of the consumer.  This Commission in “Consumer Complaint No. 5 / 2014 and 6 / 2014, Sunil Gupta vs. Today Homes & Infrastructure (Pvt.) Ltd.”  observed that consumer cannot book two different villas.  In the light of the aforesaid judgments it becomes clear that as complainant has purchased two flats, it cannot be said to be for his residential purpose but amounts to be investment for commercial purpose and complainant does not fall within purview of the consumer.  Learned State Commission has not committed any error in allowing application and dismissing complaint as not maintainable.

---

[1] NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 1219 OF 2014 (From the order dated 16.10.2014 in CC No. CC/20/2012 of West Bengal State Consumer Disputes Redressal Commission, Kolkata) Date of Judgement is 05.02.2015

 Sources: Photo Google images

OCCUPANCY CERTIFICATE APPLICABLITY IN BANGALORE

Most of the Builder in Bangalore stating that no Occupancy Certificate is mandatory for non high rise building which means below G+4 or 15 Meeter building will not attract Occupancy Certificate. Is it true statement? No. Building Occupancy Certificate is mandatory for all the Residential Unit/Dwellin Unit/Apartment more than 2 units in Apartment and Individual Unit which exceeded 8040 Sq.Ft approximately and the Following Department will issue the Occupancy Certificate in accordance with their parameeter viz.

1. Town Planning Section, Head Office, BBMP: Issue of Occupancy Certificate for residential Dwelling houses / Apartments / Non-Residential Buildings a) Consisting of More than Single Basement Floor irrespective of Number of Floors b) Consisting of BF+GF+4 and above Upper Floors. c) For all the cases where Development Plan is approved by Bangalore Development Authority. (Computerized)

2.Whom to approach for this service (Designated Officer)?Additional Director of Town Planning, headed by the Commissioner, BBMP

3.Procedure involved to get this service:1. Filing application through online and submitting hard copy consisting of Schedule – VIII, As built drawings & Photographs and CFO from KSPCB (Wherever applicable) 2. Inspection of the Site by Engineer 3. Verification of As built with Sanctioned Drawing 4. Approval / Rejection by the competent authority 5. Issue of Demand Note to the party for payment of Compounding Fee 6. Receipt of Compounding Fee 7. Issue of Occupancy Certificate

4.Form to be submitted to get this service:Schedule – VIII, Download form in BBMP website

5.Who are eligible to get this service?:Any owner of the property in the jurisdiction of BBMP area who has obtained Plan Sanction

6.Documents to be enclosed with the request:1. Latest B B M P Khata certificate 2. Latest B B M P Khata Extract 3. Latest Tax paid receipt 4. CFO from KSPCB and Fire Clearance (Wherever applicable) 5. As Built Drawings 6. Photographs

7.Fee/Charges to be paid to get this service: Compounding Fee

8.Maximum number days to get this service delivered: 30 Working Days

Sources: http://bbmp.gov.in/documents/10180/731543/Occupancy+Certificate.pdf/2b44a26d-a117-4206-80cc-6277e90fcab3

2. 8040 Sq.Ft mentioned herein is data collected in internet 

3.Photo sources: sastabankproperty.in 

PENALTY AMOUNT DETAILS FOR AKRAMA AND SAKRAMA SCHEME TO REGULARIZE UNAUTHORIZED CONSTRUCTION IN BANGALORE

As per the Government Gazette Notification No. NAE 556 MDA 2013(1) Dated: 28.05.2014 unequivocally confirmed that where any land has been developed or change of land use is made in contravention of Section 14,14-A,15,17 or the Regulations or in contravention of commencement certificate granted under Section 15[1], the Planning Authority may regularise such development and change of land use made prior to the date of 19th October 2013, subject to such rules as may be prescribed and on payment of prescribed amount, which may be different for different purposes, but not exceeding the estimated cost of the development.

Provided that the amount so prescribed shall not be less than. -

i.             Six percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio does not exceed twenty-five percent;

ii.           Eight percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio exceeds twenty-five percent but does not exceed fifty percent;

Provided further that where the portion of the building is built in violation of the provisions referred to above is being used or meant for non-residential purpose and amount payable for regularisation of such portion shall be. -

(i)           Twenty percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion okf the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio does not exceed twelve and a half percent;

(ii)          Thirty-five percent of the market value, determined in accordance with the Karnataka Act1957 and the rules made the of the violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio exceeds twelve and a half percent but does not exceed twenty-five percent.

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[1]http://bbmp.gov.in/documents/10180/418305/Kannada%20Akrama%20Sakrama%20Proper%20full.pdf
And Photo Sources: Google

PRECAUSTION QUESTIONS  BEFORE PURCHASE PROPERTY IN INDIA

Q 1.  How ownership of immovable property is acquired by a person?  Ans.   A person may acquire immovable property in any of the following way (i) By inheritance of ancestral property. (ii) Through will. (iii) Acquisition by oneself such as purchase etc. (iv) Through gift, trust, settlement deeds. (v) Grant, sanad / Inam by the Government Through decree of Court. There are two ways of acquisition:  1.By act of parties.  Example: Purchase, gift etc.  2. By operation of law  Example: Inheritance, decree of Court etc. (for details please see Transfer of Property Act, 1882 (Central Act)) Top Q 2.  Is it necessary to register in Office of the Sub Registrar to get khata transferred in respect of property acquired by inheritance?  Ans.   Not necessary. After the death of owner of a property his heirs, such as wife, children i.e. male and female, married or unmarried may get the Khata transferred on production of death certificate of the owner with details of property held by him to the following officers.  If property is an agricultural land - Tahasildar (See Sec.128 of Karnataka Land Revenue Act, 1964) Offices of Corporation, Municipality, Panchayat or City survey if such office exists. Top Q 3 . Which are the documents requires to be compulsorily registered?  Ans .  1. Gift deed of immovable property. 2. Other non-testamentary instruments, which purport or Operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;  3. Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest; 4. Leases of immovable property from year or for any term exceeding one year, or reserving a yearly rent; 5. Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; 6. The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A Top Q 4 . How to effect partition of .property?  Ans.   a. If all the parties have share (common right) in the property partition can be effected. If partition is effected through an instrument such instrument must be compulsorily registered.  b. Oral partition affected through memorandum submitted to the concerned authorities need not be registered.  c. Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not.  d. Parties to the partition may agree to effect partition of unequal shares.   Top Q 5.  When there are two or more heirs, can one or two be made full owners by others taking money in lieu of their share?   Ans .  a) Yes. Any of the co-owners can individually or collectively release his / their right in favour of one or more collectively as the case may be and make him / them full owner. This kind of release can be with or without payment of money. This document is called Release.  b) Release can be made not only in case of inherited property but also in case of joint purchase/acquisition.  Top Q 6.  What is a will?  Ans.   A testamentary document by which a person bequeaths his property to be effective on his death is a will. The property will devolve on the person in whose favour it is bequeathed after death of testator. Top  Q 7 . Who can execute a will?  Ans .  a) Any person above the age of 18 years and mentally sound may execute will, but will caused by fraud or coercion or by importunately will not be valid. Therefore a will must be executed voluntarily.  b) Parents or guardians cannot execute will on behalf of minors or lunatics.  c) Attestation by minimum two witnesses is necessary.  d) Scribe (deed writer / advocate) cannot be called witness. Two independent attesting witnesses other than the scribe or necessary. e) Beneficiary under a will should not sign as attesting witness. In order to avoid disputes in implementation of a will, description of property and the beneficiaries should be clearly be written without giving room for any doubt.  Top Q 8.  Is it compulsory to register a will?  Ans .  It is not compulsory to register. Executants may register at his option. It is better to register the will. If original is lost a certified copy can be obtained from Sub-Registrar Office.  Top Q 9 . Where can the will be registered?  Ans.   It can be registered in any office of the Sub Registrar in India   Top Q 10  Is there any time limit to register a will?  Ans .  There is no such time limit  Top Q 11.  Can a will be cancelled?   Ans.   The testator can cancel his will at anytime during his lifetime. Such cancellation deed requires a Stamp duty of Rs.100-00  Top Q 12  Can a registered will be rectified or changed?  Ans   If executant of a will wishes to rectify, add to will may do so during his lifetime. This is called codicil. This document does not require stamp duty. Top Q 13.  Can a will be registered even after death of testator?  Ans.   Yes, claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register. Top Q 14.  What is the Stamp duty and Registration fee to register a will?  Ans .  There is no Stamp duty on will deed. For registration of will during the life time of the testator Rs.200-00 Registration fee prescribed. To register the will after the death of the testator Registration fee of Rs.200-00 and enquiry fee of Rs.250-00 is prescribed. Top Q 15 . Is the certified copy of a registered will available to any body?  Ans .  A certified copy of a registered will is available to the testator only during his lifetime. After his death anybody can obtain after producing proof of death of testator. Top  Q 16 . How to keep contents of a will confidential?   Ans.   Will can be deposited in a sealed cover in office of the District Registrar. A fee of Rs.1000-00 prescribed to deposit will in a sealed cover. Depositor or authorized person (executor) can withdraw the sealed cover containing a will, if desires to do so. A Registration of Rs.200-00 prescribed. Top Q 17.  What is the procedure to obtain the sealed cover containing a will after the death of the depositor?  Ans .  On making an application along with proof of the death of the depositor, District Registrar will open sealed cover in the presence of the applicant and it will be registered. Certified copy will be issued if desired. A fee of Rs.100-00 prescribed to open a sealed cover.  Top Q 18 . What is the procedure for change of khata of the properties obtained through will?  Ans.   After the death of the testator person claiming through the will have to apply to the concerned authorities as explained in question no.2 along with the copy of the will and death proof.  Top Q 19.  What are the duties and liabilities of buyers and sellers while purchasing a property?  Ans.   Following is the duties and liabilities of buyers and sellers Before sale liabilities of seller  Liabilities of purchaser   To inform defects in the property    To provide records of right    To execute sale deed  Payment of consideration   To pay of the liabilities on the property Rights  Rights of seller  Rights of buyer   To get rent and profits  Right of encumbrance on consideration already paid   After completion of sale  Liabilities of seller  Liabilities of purchaser   To hand over possession  Liability on accidental or loss to the property   Information about right    To hand over records of rights after receipt of consideration  Duty to pay taxes and liabilities after taking possession of property   Rights of seller  Rights of buyer   If consideration is due encumbrance on property of such dues  Incremental value/profit on property   Though there are rights and duties the purchaser should carefully examine the following matters;  1) Original documents.  2) How did the seller acquire the property.  3) Encumbrance Certificate of the property for a minimum period of 15 years from Sub Registry Office to know if there are any encumbrances on the property to be purchased.  4) Verify from the concerned court if there are any litigations on the property to be purchased.  5) Verify if there are any litigations, objections in revenue, municipal offices about inheritance or any other matter.  6) If seller is a power of attorney holder, it should be verified from the principal and if such power of attorney is genuine and whether it is still in force.  7) It should be verified whether the transaction is opposed to public policy under Section 22A of the Registration Act, 1908. If so the document will not be registered.  8) If the Property is a granted land to the member of scheduled caste and scheduled tribe, it should be verified if the transaction is in contravention of the terms and conditions of grant and whether permission of the Government is obtained for transfer.  Top Q 20 . What are the transactions opposed to public policy?  Ans   Government has declared the following as opposed to public policy under Section 22A of Registration Act, 1908 namely,- (1) (a) Agreement to sell, sale, gift, exchange, mortgage, lease or assignment of land of which the occupancy right has been granted under Chapter III of the Karnataka Land Reforms Act, 1961 in contravention of the restrictions imposed under section 61 of the said act and the rules framed there under. (b) Agreement to sell, sale, gift, exchange or otherwise of any land in excess of the ceiling limit specified in section 63 or 64 of the Karnataka Land Reforms Act, 1961 in contravention of section 74 of the said act and the rules framed there under. (c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural lands to a person or a family or a joint family who or which has an assured annual income of rupees Two lakhs and above from sources other than agriculture in contravention of section 79-A of the Karnataka Land Reforms Act, 1961 and the rules framed there under. (d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to an educational, religious, charitable institution society, trust, company, association, other body of individuals or a co-operative Society other than the co-operative farming society in contravention of section 79-B of the Karnataka Land Reforms Act, 1961 subject to the exceptions and exemptions provided under section 109 of the said act and the rules framed there under. (e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land granted under the Karnataka Land Grant Rules, 1969 subject to restrictions on sale, transfer, and specific use imposed there under as per the provisions of the said Rules. (2) One cannot possess land as owner, tenant or as mortgagee with possession in excess of 10 units. If a family consists of more than five members, such family may hold two units per head not exceeding 20 units.  PART A [See Section 2(A)(35-A) Classification of Lands A Class Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year. B Class (i) Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing only one crop of paddy in a year. (ii) Lands irrigated by such lift irrigation projects constructed and maintained by the State Government as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year. C Class (i) Lands irrigated from any Government sources of irrigation, including lift irrigation projects constructed and maintained by Government other than those coming under A Class and B Class. (ii) Lands on which paddy crop can be raised or areca crop is grown with the help of rain water. (iii) Lands irrigated by lifting water from a river or Government Canal or Government tank where the pumping installation or other device for lifting water is provided and maintained by the land owner. Notes (1) Lands having facilities for irrigation from a Government Source where the system of water supply is suitable for growing only light irrigated crop namely, crops other than paddy and sugarcane shall come under this class. (2) Lands growing irrigated garden crop will come under classes ‘A’, ‘B’ or ‘C’ as the case may be depending upon the source of irrigation and the system of water supply. D Class Lands classified as dry but not having any irrigation facilities from a Government source. Note.- Lands growing paddy or garden crops not coming under A Class, B Class or C Class shall belong to this class. PART B Formula of determining equivalent extent of different classes One Acre of A Class land having soil classification value above 8 annas = 1.3 acres of A Class land having soil classification value below 8 annas = 1.5 acres of B Class land having soil classification value above 8 annas = 2.0 acres of B Class land having soil classification value below 8 annas = 2.5 acres of C class land having soil classification value above 8 annas = 3.0 acres of C class land having soil classification value below 8 annas = 5.4 acres of D Class land. Top Q 21.  Is it necessary to obtain permission for transfer of agricultural land granted under Land Grant Rules or granted occupancy right under Land Reforms Act even after lapse of condition for transfer?   Ans.   Yes. Application should be submitted to Tahasildar and acknowledgement is obtained. If permission is not granted within 15 days after getting acknowledgement, document can be registered as if permission is granted.  Top Q 22 . What are other restrictions to purchase agricultural land?  Ans .  Lands granted to persons belonging to scheduled caste or scheduled tribe cannot be transferred or purchased without prior permission of the Government. This restriction does not apply to mortgagee in favour of co-operative or scheduled banks and partition among family members 2. Social or Industrial organizations can purchase with the permission of the Government (Refer Sec.109 of Karnataka Land Revenue Act, 1964).   Top Q 23.  How to get transfer of immovable property?   Ans .  a. As explained under Question 3, if value of property under sale, exchange, lease, and mortgage is Rs.100 or more, deed relating to such transaction must be compulsorily registered (Sec.17 of Registration Act 1908).  b. Gift deed, must be registered irrespective of the value of the property.  c. After the deed is registered `J' slip is sent to Tahasildar in case of agricultural land and city survey office, in case of city non-agricultural property of properties are under city survey. The purchaser should get confirmed whether khatha is transferred through `J' slip.  In areas where there is not city survey is not in operation, one has to apply along with copy of the deed to the concerned Corporation/ Municipal/panchyat office to effect transfer of khatha. Top Q 24 . What is the purpose of Registration?   Ans.   (a) By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered.  (b) According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered.  Top Q 25 . What are the effects of non-registration?  Ans  . If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908)  Top Q 26.  Is there time limit to present a document for registration after it is executed (signed)?  Ans  . a. Document may be presented for registration within four months from the date of execution (signature).  b. If a document is executed out of India, the period of four months will be counted from the date of its receipt in India.  c. After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees if the District Registrar grants permission. But document may be presented before Sub Registrar within eight months. Thereafter it cannot be accepted for registration. (For details please see Rule 52 of Karnataka Registration Rules, 1965).  Top Q 27.  What is the day today timing for acceptance of deeds for registration in Sub Registry offices?  Ans.   Generally deeds are accepted during working hours. Sub Registrar may stop accepting two hours before closing time if he has sufficient work to attend in respect of deeds already received for registration.  Provided deeds may be accepted in emergency cases on payment of extra fee of Rs.200 one hour before sunrise and one hour after sunset and on holidays. Top Q28.  Can the document presented for registration be withdrawn?   Ans .  Registering officer may permit withdrawal of the document before completion of registration on written request by the party who presented the document. Fifty percent of the registration fee is refundable. Likewise Stamp duty is also refundable subject to deductions. (Please see question No.19 on stamp duty F.A.Q.)  Top Q 29 . Who should be present at the time of registration?  Ans .  A deed may be presented for registration either by claiming or executing party but the executant / executants must be present to admit execution (signing) of the deed (Please see Sec.32 of Registration Act 1908).  Top Q 30.  What is the course, if executing party refuses to appear in Registry Office to admit execution?  Ans  . a. In such circumstances, registering office will issue notice/ summons to the Executant. If the party does not turn up registering officer will refuse registration.  b. Application may be made to the District Registrar on such refusal to the District Registrar who will hold enquiry and decide the case. Rs.250 should be paid for such application.  c. One may submit appeal to the Civil Court if District Registrar also refuses to order for registration (For details please see Sec.73, 74, 75, 76 & 77 of Registration Act 1908). Top Q 31.  Who can sign as witness to a document?   Ans .  Any person, above 18 years of age and not a party to the document may sign as witness. Top  Q 32.  What is meant by Identifying witness of person presenting/executing a document?   Ans .  In order to identify genuineness of the persons executing the document, signature of identifying witness are obtained. Without such witness, registering officer may refuse registration. Top Q 33 . Who is authorise to write a deed?  Ans .  Deed may be personally written by the executant or may be drafted by a licensed deed writer or advocate. Top Q 34 . Is it necessary to register immovable property by Government as inam or granted on darkhast?   Ans .  They are exempted from registration. Khatha is effected on the basis of orders of Government (see Sec.90 of Registration Act 1908). Top  Q 35.  Are there any kind of documents registered without personal appearances of the parties for registration?   Ans  . 1. Mortgage deed executed under Improvement Loans etc.  2. Certificate of sale issued by revenue court. 3. Documents executed by farmers in favour of primary co-operative land development bank to obtain loan and loan bonds executed by farmers in favour of banks under Karnataka Agricultural Credit Co-operations and Miscellaneous Provisions Act 1975 are sent under Sec.89 of the Registration Act and they are filed. Top Q 36I.s it necessary to register deed relating to transfer or assignment of decree relating to immovable property?   Ans .  If value of the property involved in decree is Rs.100 or more and creates, declares, transfer, limit or extinguish right it should be compulsorily registered (See Sec.17 (e) of Registration Act). Top  Q 37.  Explain the registration of adoption deed?   Ans.   Adoption deed maybe executed and registered like any other deed. Stamp duty Rs.45 and registration fee Rs.200 are leviable on it. Top  Q 38.  Explain the Power of Attorney?  Ans .  There are two kinds of Power of Attorney.  1. General Power of Attorney (GPA)  2. Special Power of Attorney (SPA)  a) General Power of Attorney is executed by a person in favour of another to act on behalf of him generally. It may include management of property, Court matter/litigations, sale of mortgage of property or any other act.  b) Special Power of Attorney is executed to do a particular act. Power of Attorney holder is answerable to the principal and liable to give accounts to him.   Top Q 39.  Does property get transferred by getting a General Power of Attorney from the person selling it? Can the agent become owner of property?  Ans .  No. It is wrong to say that ownership is transferred by getting General Power of Attorney. Persons purchasing property must get the sale deed registered. This principle applies to other kinds of transactions also.   Top Q 40.  Who can execute Power of Attorney?  Ans .  A person who has attained majority may execute power of attorney in favour of another person who has attained majority including family members like brother, sister, father and mother to act on his behalf. If a power of attorney is executed to sell property in favour of relatives other than those mentioned above, 2 percent stamp duty shall be paid on market value of such property. If a power of attorney is executed in favour of developers, Builders of apartment, 4 percent stamp duty shall be paid on market value of such property. (see article 5(f) & 41(a), 41(ea), Schedule to Karnataka Stamp Act 1957).  Top Q 41.  When would a General Power of Attorney gets cancelled?   Ans.   a. GPA automatically gets cancelled on the death of Executant.  b. Principal (Executant) may cancel it any time. Top Q 42  .What does Irrevocable Power of Attorney mean?  Ans.   If the Power of attorney is executed for consideration in respect of property it cannot be unilaterally revoked, prejudicial to the interest of the agent (See Sec.202 of Indian Contract Act, 1872). Top Q 43.  What is the meaning of a Special Power of Attorney?  Ans .  (a) Power of Attorney executed by a person in favour of another to act on his behalf for specific purpose is called Special Power of Attorney.  (b) If a person is unable to go over to registry office to present a document executed in his favour or to admit execution of document executed (signed) by him, such power of attorney shall be authenticated or attested by a Sub Registrar. Otherwise they are not acceptable for the purpose of registration. Top Q 44 . Is it compulsory to register power of attorney attested in India by Magistrate or notary?   Ans .  They need not be registered. But General Power of Attorney containing authority to present or admit execution of a document executed by the principle is not acceptable for such presentation or admission of execution unless they are attested or authenticated by a Sub Registrar. Top Q 45 . Is it compulsory to register General Power of Attorney executed by persons residing out of India and attested by officers of Consulate office of India in that country?   Ans.   It is not necessary to register. But Stamp duty as per Article 41 shall be paid within 3 months from the date of receipt of the power of attorney in India. Top Q 46.  Is it compulsory to get a Power of Attorney attested by a Sub Registrar if it has already been attested by Magistrate or Notary, under which documents are signed by the agent?  Ans .  Not necessary  Top Q 47.  What is meant by Encumbrance Certificate?  Ans .  Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage, sale or any other deeds in respect of a property are registered, encumbrance certificate is issued Form No.15. Click here to download Prescribed application form no.22 to obtain Encumbrance Certificate. Top Q 48.  What is meant by a Nil Encumbrance Certificate?  Ans .  If no deeds of transactions are registered in respect of a property nil encumbrance certificate is issued in Form No.16. If Certificate is issued in this form, it means that there are no registered transactions / liabilities on the property for a given period of time unregistered transactions are not included in this certificate. Click here to download Prescribed application form no.22 to obtain Encumbrance Certificate. Top Q 49 . What is the fee for Encumbrance Certificate?  Ans  . a. Application fee Rs.5  b. Rs.30 for search of first year and Rs.10 for every subsequent year. Example: To obtain Encumbrance Certificate for 13 years. Application fee Rs.5-00 plus first year Rs.30-00 plus 12 years Rs.120-00 and total Rs.155-00. Top Q 50 . How to obtain Certified Copy of registered document?  Ans .  1. Any person may obtain certified copy of registered document relating to immovable property.  2. Certified copy of registered will may be obtained only by the testator only during his lifetime. Any person may get copy of a will after the death of the testator on production of death certificate.  3. Copies of registered deed of GPA and other documents relating to movables may be obtained by executant / claimant or agent, representative of such person only.  Stamp paper of Rs.10 is required to be produced along with the application and copying fee of Rs.3 for every page of Xerox copy or Rs.5 for every 100 words or part thereof is to be paid.  Points to be noted by registering public for registration of a document No. Do's Don'ts  1  Meet registering officer directly for your work  Do not depend on middlemen for your work   2  Pay the fees required to be paid directly to the registering officer and obtain receipts  Do not pay money to the middlemen.   3  Market value of each area is published. Pay stamp duty as per market value  Purchase stamp papers from licensed stamp vendors only. Beware of fake stamp papers   4  Verify whether date of delivery of the registered deed is written on the receipt. Keep the receipt securely with you only  Don't handover receipt to middlemen.   5  Get information records to be produced for registration in the registry office  Don't go for registration without necessary records.   6  Fee for drafting/writing documents are prescribed. Pay accordingly and obtain receipts for it  Don't pay without receipt. Do not pay fee for drafting and registration together if demanded. Pay Registration fee directly in the office.  7  Contact higher authorities for any doubts and complaints.  Do not conceal your feelings about the officer or staff. Inform the higher authorities.   8  Obtain registered deeds personally or through registered post.  Do not depend on middlemen for return of document after registration.   9  Note true market value of property  Under valuation is an offence. Top Q 51 . Where can I register my immovable property ?  Ans .  Documents pertaining to immovable property shall be registered in the Sub-Registrar office in whose jurisdiction the property is situated  Or If you have any problem with the Sub-Registrar's office please approach the District Registrar of your district.In Bangalore Urban district still if you have problem in registration you can visit the Office of the Inspector General of Registration where your registration work pertaining to Bangalore Urban district will be attended. Circular Top Source: www.karigr.org