Transfer of Property Act 1882 Transfer of Property Act 1882 Sec.3 Definitions Instrument means a non-testamentary instrument. Actionable claim means a claim to any debt notbeing a debt secured by mortgage of immovableproperty or by hypothecation or pledge of movableproperty, which the Civil Courts recognize as affordinggrounds for relief.
Transfer of Property Act 1882 Sec. 14 Rule against perpetuity. No transfer of property can operate to create aninterest which is to take effect after the life timeor one or more persons living at the date of suchtransfer and the minority, of some persons whoshall be in existence at the expiration or thatperiod and to whom if he attains full age, theinterest created is to belong.
Transfer of Property Act 1882 Sec. 19 Vested interest.Where on a transfer of property, an interest thereinis created in favour or a person without specifyingthe time when it is to take effect or in terms ofspecifying that it is to take effect forthwith or onthe happening of an event, such interest is calledvested interest. A vested interest is not defeatedby the death of the transferee before he obtainspossession.
Transfer of Property Act 1882 Sec. 21 Contingent interest.- Where, on a transfer of property, an interest iscreated in favour of a person to take effect onlyon the happening / non happening of a specifieduncertain event, such person thereby acquires acontingent interest in the property. Such interestbecomes vested interest in the former case on thehappening and in the later case when thehappening of the event becomes impossible.
Transfer of Property Act 1882 Sec. 100 Charge.Where any immovable property of one person byact of parties or operation of law, is made securityfor payment of money to another and thetransaction does not amount to mortgage, thelatter person is said to have a charge on theproperty.
Transfer of Property Act 1882 Sec. 118 Exchange.When two persons mutually transfer ownership oftwo things and both things not being money, thetransfer is called exchange. Reciprocal giving andreceiving one in consideration of another which isoffered in exchange of another.
Transfer of Property Act 1882 Sec. 122 Gift.Gift is the transfer of certain existing movable orimmovable property made voluntarily, withoutconsideration by one person called donor, toanother called donee,and accepted by the donee. Sec. 128 Universal donee.Where a gift consists of owner’s whole property,the donee is personally liable for the debts andliabilities of the donor at the time of the gift to theextent of the property comprised therein.
Transfer of Property Act 1882Sec. 54. Sale is a transfer of ownership inexchange for a price paid or promised or part paidor part promised. A contract for the sale of immovable property is acontract that a sale of immovable property shalltake place on terms settled between the parties.However a contact for sale does not create anyinterest of charge on such property.
Transfer of Property Act 1882 Sec. 55. In the absence of a contract to thecontrary the buyer and seller of immovableproperty respectively have the rights andliabilities as following : Liabilities of the Seller(a) The seller is bound to disclose to the buyer anymaterial defect in the property or in the seller’stitle which the seller is but the buyer is not aware.
Transfer of Property Act 1882 (b) to produce to the buyer on his request forexamination the documents of title of the seller. (c) To answer to the best of his information allrelevant questions put to him by the buyer inrespect of the property. (d) On payment of the amount of price toexecute a proper conveyance of the property.
Transfer of Property Act 1882(e) The seller should protect the property and thedocuments of title between the contract of saleand delivery of the property to give thepossession of the property to the buyer. (f) To pay all public charges and rent accrued dueinterest payment on all encumbrances on suchproperty till the date of sale.
Transfer of Property Act 1882 Liabilities of the buyer. (a) The buyer is bound to disclose to the sellerany fact known to him but not to the seller, whichmay increase the value of the property.(b) to pay the purchase money to the seller.
Transfer of Property Act 1882 Rights of the seller.(a) The seller is entitled to the rents and profits ofthe property till the ownership passes to thebuyer. (b) If the property passes on part payment theseller is entitled to receive the balance amountu/s Sec.53A.
Transfer of Property Act 1882 Rights of the buyer. (a) the buyer is entitled to the rent and profits inrespects of the property after it is came to hispossession. (b) the buyer is entitled to a charge on theproperty against the purchase money paid.
Transfer of Property Act 1882Sec. 53A. Where in case of a transfer of anyimmovable property the transferee has, in partperformance of the contract, taken possession ofthe property or part thereof, then even if theconveyance has not been registered or thetransfer has not been completed, the transferorshall be debarred from enforcing against thetransferee, claiming any right in the property ofwhich the transferee has taken possession.
Transfer of Property Act 1882Sec. 58(a) Mortgage is transfer of interest inspecific immovable property for the purpose ofsecuring the payment of money advanced or to beadvanced, by way of loan, an existing or futuredebt or the performance of an engagement whichmay give rise to pecuniary liability.
Transfer of Property Act 1882• The transferor is called the mortgagor.• The transferee – mortgagee.• The principal money along with interest of which payment is secured is called mortgage money.• The deed by which transfer is effected is called mortgage deed.
Transfer of Property Act 1882 Sec. 58(b) Types if mortgage.Simple mortgage is effected without delivering thepossession of the mortgaged property to themortgagee, and the mortgagor binds himselfpersonally to pay the mortgage money along withinterest and also agrees that in the event offailure to pay, the mortgagee shall have the rightto cause the mortgaged property sold and applythe proceeds towards payment of the mortgagemoney. This is called simple mortgagee.
Transfer of Property Act 1882Sec.58(c) Mortgage by Conditional Sale: - In suchcase the mortgagor sells the property with thecondition that if he pays the mortgage moneywithin the stipulated period the sale wouldbecome void and the mortgagee will re-transferthe property to the mortgagor. Alternatively in case of default by the mortgagor,the sale will become absolute.
Transfer of Property Act 1882 Sec.58(d).Usufructuary Mortgage. : -Where the mortgagor delivers possession of the property to the mortgagee and authorizes him to retain the possession of such property and to receive the rents and interests and to appropriate the same towards partly payment of interest or mortgage money such transaction is called usufructuary mortgage.•
Transfer of Property Act 1882 Sec.58(e).English Mortgage.Where the mortgagor binds himself to repay themortgage money on a certain date and transfersthe mortgaged property to the mortgagee,subject to condition that the mortgagee willretransfer the property to the mortgagor onpayment of the mortgage money such transactionis called English Mortgage.
Transfer of Property Act 1882Sec.58(f). Mortgage by deposit of titledeed. Where the mortgagor delivers the documents ofhis title to an immovable property to themortgagee with intention to create a securitythereon, such transaction is called mortgage bydepositing title deed. This is also called equitablemortgage. This applicable in Metros and suchother towns as the State Govts. may notify.
Transfer of Property Act 1882Sec. 58(g). Anomalous mortgage. A mortgage which cannot be termed as anyof the five mortgages is called Anomalousmortgage.
Transfer of Property Act 1882 Sec.105. LeaseA lease or immovable property is transfer or rightto enjoy such property made for a certain periodor in perpetuity in consideration of a price periodor promised, or of money or of crops or any otherthing of value to be rendered periodically or onspecified occasions to the transferor by thetransferee.
Transfer of Property Act 1882The transferor is called lessor.Transferee – Lessee.The price – premium.Money, share, etc. called rent.Sec.108.Rights and liabilities oflessor and lessee.(a) Lessor is bound to disclose to the lessee anymaterial defect in the property which is lessor isaware of but the lessee is not.
Transfer of Property Act 1882(b)The lessor is bound to give possession or theproperty to the lessee.(c)The lessor is bound to allow the lessee tohold the property during the lease periodprovided the lessee pays rent and performsaccording to the contract of the Lease.
Transfer of Property Act 1882(d) If the property is damaged considerablyby natural calamities etc. beyond anybody’scontrol then lease shall be void at the optionsof the lessee.(e) If the lessor does not make any repair tothe property which he is bound to do, the lesseeif he desires can make such repair and deduct theexpenses of such repair from lease rent.
Transfer of Property Act 1882(f) If lessee makes any payment of lessor’sliability, he may adjust such payment from thelease rent payable.(g) The lessee if attaches certain things to thelease property during period he may remove itwithin that period.(h) In the event of termination of lease, exceptfor the fault of the lessee, the lessee is entitledto all crops .
Transfer of Property Act 1882(i) The lessee is bound to pay at the propertime and place the premium or rent to the lessor.(j) The lessee is bound to keep and restore theproperty in good condition excepting normaldepreciation.(k) The lessee is bound to inform the lessor aboutany proceedings against the property taken byAny outside agency.
Transfer of Property Act 1882(l) The lessee must not without lessor’s consenterect on the property any permanent structure,except for agricultural purpose.(m) On termination of lease the lessee musttransfer back the property to the lessee.
Indian Registration Act, 1908 Indian Registration Act, 1908Sec. 17(1). Documents of which registration iscompulsory.(a) Instrument of gift of immovable property. (b) Other non-testamentary Instrument which,transfers, whether in present or in future, anyright, title or interest whether vested orcontingent of the value of one hundred rupees ormore in respect of immovable property.
Indian Registration Act, 1908 (c)Non-testamentary instrument which acknowledgesthe receipt or payment of any consideration onaccount of transfer of any such right tile or interest.(d) leases of immovable property from year to year orany term exceeding one year or reserving a yearlyrent.
Indian Registration Act, 1908 (e) Non-testamentary instrument transferring anydecree or order of a court granting, whether inpresent in future any right, title or interest whethervested or contingent of the value of one hundredrupees or more in respect of immovable property.Sec.17.Proviso: State Govt. may exempt any leaseexecuted in any district for a term not exceeding 5years and annual rent not exceeding Rs.50/-.•
Indian Registration Act, 1908Sec. 18. Documents of which registration isoptional(a) Instruments (other than that of gift or will)transferring whether in present or in future anyright, title or interest whether contingent or vested of a value less than one hundred rupees in respectof any immovable property.(b) Instruments acknowledging receipt of paymentof any consideration on account of transfer of anysuch right title or interest.
Indian Registration Act, 1908(c) Lease of immovable property for any term notexceeding one year or leases exempted u/s.17.(d) Instruments transferring any decree or orderof a court granting, whether in present or infuture any right title or interest whethercontingent or vested of a value less than one hundred rupees in respect of an immovableproperty.
Indian Registration Act, 1908 Sec 42. Of the deposit of wills.Any testator may either personally or through A.R.deposit with any Registrar his will in a sealed coversuperscribed with testator’s name. Sec.43. Procedure on deposit of wills.The Registrar, if satisfied that it is properly presented,shall transcribe the superscription in Register BookNo.5. He shall note on the book and on the cover, thetime and date of such presentation and also names ofpersons who may testify the testator.
Indian Registration Act, 1908Sec-44.Withdrawal of Sealed Cover. The testator may apply to the Registrar forwithdrawal of the same and the Registrar, ifsatisfied that the applicant is the testator himself,shall deliver the cover accordingly. Sec-45. Procedure on depositor’s death.After the death of testator, on an applicationmade in this behalf, if the Registrar is satisfiedthat the testator is dead he shall open the coverin the presence of the applicants and cause thecontents thereof copied on Register Book No.-3and re-deposit the will.
Indian Registration Act, 1908Sec 47. Date from which the registereddocument operates. A registered document shall operate from thedate from which it would have commenced tooperate, if no registration was required and notfrom the date of registration. Sec.49 . Non-registration of a document whichrequires compulsory registration u/s.17 renders itinvalid and inadmissible as evidence.
Indian Registration Act, 1908Sec.23. Every documents shall be presented forregistration within four months of its execution.Sec. 24. Documents signed by several persons atdifferent times may be presented for registrationwithin four months of each execution.
Indian Registration Act, 1908Sec. 25. In case any document is not presented forregistration within four months due to unavoidablereasons, the Registrar may condone the delay andallow registration within another four months onpayment of a fine not exceeding ten times of theproper registration fee.
Indian Registration Act, 1908 Sec. 26. Documents executed by all the partiesoutside India, may be accepted by the registeringauthority if he is satisfied that it has beenexecuted outside India but has been presentedwithin four months of its arrival in India.Sec. 28 Place for registration. Every document relating to immovable property must beregisteredwith the jurisdictional Sub-Register or Registrar.
Indian Trust Act, 1882 INDIAN TRUST ACT 1982 Sec. 3. TRUST is an obligation annexed to theownership of property, arising out of confidencereposed in and accepted by the owner ordeclared and accepted by him for the benefit ofanother or another and the owner.
Indian Trust Act, 1882• (i) The person who reposes or declares the confidence is called the Author of the Trust or settler.• (ii) The person who accepts the confidence is called the Trustee.• (iii) The person for whose benefit the confidence is accepted is called beneficiary.• (iv) The subject matter of the trust is called the Trust Property or Trust money.
Indian Trust Act, 1882 Sec 4. Lawful purposeA trust may be created for lawful purpose. Thepurpose of a trust is unlawful in the following cases: (i) If it is forbidden by law. (ii) If the trust is fraudulent. (iii) If the trust involves injury to the person or property of another. (iv) The court regards it as immoral or opposed to public utility.
Indian Trust Act, 1882A trust with unlawful purpose is always void.However when a trust is having both lawful andunlawful purposes and two purposes cannot beseparated the whole trust is void.
Indian Trust Act, 1882 Sec.5. To create a valid trust of immovableproperty it must be declared by will of the authoror by non-testamentary instrument in writingsigned by the author or trustee and registered.However in respect of movable property, thetrust must be declared by a non-testamentaryinstrument and the ownership of the property istransferred to the trustee.
Indian Trust Act, 1882 Sec 6 Creation of trust :A trust is created when the author indicates withreasonable certainly by any words or acts. (i) An intention to create a trust. (ii) The purpose of the trust. (iii) Who are the beneficiaries. (iv) Identify the trust property and (v) Transfers the trust property to the trustee.
Indian Trust Act, 1882 Sec.19. Trustee is bound to keep clear and accurate accounts of the trust property and furnishfull and accurate information as to the amount and state of trust property to the beneficiary. Sec .23.Liability or breach of trust. If the trustee commits breach of trust he is liable to make good the loss sustained by the trustproperty or beneficiary along with interest.
Indian Trust Act, 1882 Trustee will be liable in the following cases:• (i) Where he has actually received interest.• (ii) Where there is unreasonable delay in paying trust money to the beneficiary.• (iii) Where the trustee ought to have received interest by has not done so.
Indian Trust Act, 1882 This will not apply if,• (i) The beneficiary has by fraud induced the trustee to commit such breach• (ii) Beneficiary, being competent to contract, has himself concurred in the breach.
Indian Trust Act, 1882 Sec 68 Revocation of trust A trust created by will may be revoked at the pleasure of the testator. A trust created otherwise may be revoked in the following cases: Where all the beneficiaries are competent to contract , by their consent.
Indian Trust Act, 1882 Sec 68 Revocation of trust Where a trust has been declared by a non- testamentary instrument–in exercise of power of revocation expressly reserved to the author. Where a trust is created for the payment of debts of the author and has not been communicated to the creditors – at the pleasure of the author.
Indian Trust Act, 1882 Sec. 77. Trust how extinguished• (i)When its purpose is completely fulfilled, or• (ii)When its purpose become unlawful, or• (iii)When fulfilment of its purpose become impossible by destruction of the Trust property, or• (iv)When trust being revocable, expressly revoked.
Hindu Succession Act 1956Hindu Succession Act 1956Section 2 : ApplicationThis Act applies to the Hindus, Virashiba,Lingayat, Brahmo, Arya Samaj, Buddhist,Jain, Sikh or any one not being a MuslimChristian, Jew Parsi or S.T.
Hindu Succession Act 1956Sec. 3. Definitions.(a)Agnate: Two persons are agnates if they are related by blood or adoption through males.(c) Cognate : Two persons are cognates if they are related by blood or adoption not wholly through males.(d) Full blood: Two persons are said to be related by full blood if they are descendants from a common ancestor by same wife.
Hindu Succession Act 1956(e) Half blood: if they are descendants from same ancestor by different wives.(f) Two persons are said to be related to each other by uterine blood if they are descendants from same ancestress by different husbands.(g) Intestate: A person may be said to have died intestate in respect of property of which he or she has not made any testamentary disposition capable of taking effect.
Hindu Succession Act 1956Sec.8. General Rules of Succession in case ofmales. The property of a male Hindu dyingintestate will devolve as following:(a)Firstly upon, the heirs, being the relativesSpecified in Class I of the Schedule.
Hindu Succession Act 1956(b) If there is no heir in Class I, upon the heirs, beingrelatives specified in Class II of the schedule.(c) If there is no heirs of the two classes, on theAgnates of the deceased.(d) If there is no agnate, then on the cognates.
Hindu Succession Act 1956 Schedule- Class-ISon, daughter, widow, mother, son of apredeceased son, daughter of a predeceased son,son of a predeceased daughter, daughter of apredeceased daughter, widow of a predeceasedson, son of a predeceased son of a predeceasedson, daughter of a predeceased son of apredeceased son, widow of a predeceased son of apredeceased son.
Hindu Succession Act 1956Sec.15(1). In case of Female Hindu dyingintestate, property will devolve as following :(a)Firstly upon the sons & daughters includingchildren of any predeceased son, and the husband.(b)Secondly upon the heirs of the husband.(c)Thirdly upon the mother & father.(d)Fourthly upon the heirs of the father.(e) Lastly upon the heirs of the mother.
Hindu Succession Act 19562(a) Properly inherited from parents shall firstdevolve on (1)(a) and then on heirs of father.(b) Property inherited from husband or father inlaw will first devolve as (1)(a) and then heirs ofhusband.Sec.20 Child at womb at the time of intestate’s deathwill have the same right as if born before the deathof the intestate.Sec. 30 But testamentary succession will be as perIndian Succession Act.
Indian Succession Act 1925The Indian Succession Act 1925.Sec. 4 Applicable to all Indians except Hindu,Muslim, Buddhist, Sikh or Jaina.Sec. 2 (a) Administrator means a personappointed by competent authority to administerthe estate of a deceased person when there is noexecutor.
Indian Succession Act 1925(b) ‘Codicil’ means an instrument made in relation to will and explaining, altering or adding to its dispositions and shall be deemed to form part of the will.(c) “Executor” means a person to whom the execution of the last will of a deceased is, by the testator’s appointment confided.
Indian Succession Act 1925(d)Minor means any person subject to the IndianMajority Act, 1875, who has not attained hismajority within the meaning of that Act, and anyother person who has not completed the age ofeighteen years.‘Minority’ means the status of such person.
Indian Succession Act 1925 (e) “Probate” means the copy of a will certifiedunder the seal of a court of competent jurisdictionwith a grant of administration to the estate of thetestator.(f) “Will” means legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.
Indian Succession Act 1925Sec.-59 Person capable of making wills:Every person of sound mind not being a minor, maydispose of his property by will.Explanation 1.- A married woman may dispose bywill of any property which she is capable of alienatingduring her life.Explanation 2. Persons who are deaf, dumb or blindbut not incapacitated for making a will, if they knowwhat they do by it.
Indian Succession Act 1925Explanation 3. – A person who is ordinarilyinsane may make a will during an interval inwhich he is of sound mind.Explanation 4.- No person can make a will whilehe is in such a state of mind, whether arisingfrom intoxication or from illness or from anyother cause, that he does not know what he isdoing.
Indian Succession Act 1925Sec. 62. A will may be revoked or altered by itsmaker at any time when he is competent to disposeof his property by will.Sec. 63 Execution of unprivileged wills:Every testator, not being a soldier or an airman or amariner at sea, shall execute his will according tohe following rules :-(a) The testator shall sign thewill, or it shall be signed by some other person in hispresence by his direction.
Indian Succession Act 1925(b) The signature of the testator, or the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.(c) The will shall be attested by two or more witnesses, each of whom has seen the testator or the authorised person signing the will, in the presence and by the direction of the testator, and each of the witnesses shall sign the will in the presence of the testator.
Indian Succession Act 1925 Sec. 65.Privileged wills :Any soldier being employed in an expedition orengaged in actual warfare, or an airman or anymariner being at sea, so employed or engagedmay, if he has completed the age of eighteenyears, dispose of his property by a will made inthe manner provided in section 66. Such willsare called privileged wills.
Indian Succession Act 1925 Sec. 66 Mode of making, and rules for executing, privileged wills:(1) Privileged wills may be in writing, or may be made by word of mouth.(2) The execution of privileged wills shall be governed by the following rules :-(a) The will may be written wholly by the testator, with his own hand. In such case it need not be signed or attested.
Indian Succession Act 1925(b) It may be written wholly or in part by anotherperson and signed by the testator. In such case itneed not be attested.(c) If the instrument purporting to be a will iswritten wholly or in part by another person and isnot signed by the testator, it shall be deemed to behis will; if it is shown that it was written at thetestator’s directions or he recognizes it as his will.
Indian Succession Act 1925(d) If it appears on the face of the instrument thatthe execution of it in the manner intended by thetestator was not completed, the instrument shallnot, by that reason, be invalid, provided that hisnon-execution of it can be reasonably ascribed tosome cause other than the abandonment of thetestamentary intensions expressed in the will.
Indian Succession Act 1925 (e) If the soldier, airman or mariner has writteninstructions for the preparation of his will, but hasdied before it could be prepared and executed, suchinstructions shall be considered to constitute his will. (f) If he has, in the presence of two witnesses, givenverbal instructions for the preparation of his will, andthey have been reduced into writing in his lifetime,but he has died before the instrument could beprepared and executed, such instructions shall beconsidered to constitute his will.
Indian Succession Act 1925(g) The soldier, airman or mariner may make awill be word of mouth by declaring his intentionsbefore two witnesses present at the same time.(h) A will made by word of mouth shall be null atthe expiration of one month after the testator,being still alive, has ceased to be entitled to makea privileged will.(Retirement or otherwise)
Indian Succession Act 1925Sec-70.Revocation of unprivileged will or codicil.No unprivileged will or codicil, nor any part thereofshall be revoked otherwise than by marriage, or byanother will or codicil, or by writing declaring anintention to revoke the same or by burning, tearing ordestroying the same by the testator with the intentionof revoking the same.
General Clauses Act 1897 Definitions. Sec.3(1): Abet, with its grammatical variation and cognate expressions, shall have the same meaning as in the Indian Penal Code. Sec.3(3):Affidavit shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead ofswearing.Sec.3(14).Commissioner means the chief officer-in- charge of the revenue administration of a division.Sec.3(21).Financial year means the year commencing on 1st. day of April.
General Clauses Act 1897Sec.3(35). Month means a month as per British calendar.Sec.3(37) .Oath shall include affirmation and declaration of persons by law allowed to affirm or declare instead of swearing.Sec.3(38): Offence shall mean any act or omission made punishable by any law for the time being in force.Sec.3(66). Year shall mean a year as per British calendar.
General Clauses Act 1897Sec. 5: Coming into operation of enactments :Where any Central Act is not expressed to come intooperation on particular day, then it shall come intooperation on the day on which it receives the assentof the President. Unless contrary is expressed, aCentral Act or Regulation will come into operation onexpiration of the day preceding its commencement.
General Clauses Act 1897Sec.9-Commencement and termination of time.In any central act it shall be sufficient, for the purposeof excluding the first in a series of days to use theWord “from” and for the purpose of including the lastin a series of days to use the word “to”.
General Clauses Act 1897 Sec.10-Computation of time.Where by any Central Act, any act or proceeding isdirected or allowed to be done or taken in any courtor office on a certain day or within a prescribedperiod, then, if the court or the office is closed on thatday or the last day of the prescribed day, the act orthe proceeding shall be considered as done or taken indue time if it is done or taken on the next day, onwhich the court or office is open.
General Clauses Act 1897 Sec.11: Measurement of distances: In the measurement of any distance, for thepurpose of any Central Act or Regulation, madeafter commencement of this Act, that distanceshall, unless a different intention appears, bemeasured in a straight line or on a horizontalplace.
General Clauses Act 1897 Sec.13- Gender and number.In all Central Acts , unless there is anything repugnantin the subject or context,1. Words importing the masculine gender will includefemales, and2. Words in the singular shall include the plural andvice versa.
General Clauses Act 1897 Sec.20 : Construction of notifications, etc.issued under enactments : Where by any Central Act or Regulation a powerto issue notification, order, scheme, rule, form orbye-law is conferred, then expressions used inthe said notifications, orders, etc., if it is madeafter commencement of this Act, shall unlessthere is anything repugnant to the subject orcontext, have the same respective meanings as inthe Act or Regulation conferring the power.
General Clauses Act 1897 Sec.26- Offences punishable under two or more acts.Where an act or omission constitutes an offenceunder two or more enactments, then the offendershall be liable to be prosecuted and punished undereither or any of those enactments, but shall not beliable to be punished twice for the same offence.
General Clauses Act 1897 Section 27 Meaning of Service by Post.Where any Central Act or Regulation authorisesor requires any document to be served by post,then the service will be deemed to be effected, byproperly addressing, pre-paying and posting byregistered post, a letter containing the documentand unless contrary is proved, to have beeneffected at the time at which the letter would bedelivered in the ordinary course of post.
Stamp Act 1899 Stamp Act 1899 Proper stamp duty payable on differentinstruments and agreements are laid down inthe schedule-I to the Indian Stamp Act, 1899.The schedule also lays down the instrumentswhich are exempted from stamp duty. Asmany as 65 items of instruments are coveredin the schedule along with exemption.
Stamp Act 1899 Sec2(14) Instrument includes everydocument by which any right or liability istransferred. Sec 2(15) Instrument of partition means anyinstrument by which co-owners of anyproperty divide or agree to divide suchproperty and also includes an order byrevenue authority or court or arbitratoreffecting partition.
Stamp Act 1899 Sec 2(24) Settlement means any non-testamentary instrument of movable orimmovable property made in writing inconsideration of marriage or for distributingproperty of the settler among his familymembers or other desired persons or for anyreligious or charitable purposes.
Stamp Act 1899Sec-10- Except otherwise provided in this Act,all duties with which any instruments arechargeable, shall be paid by means of stamps.Certain instruments are to be stamped withadhesive stamps (Sec – 11) and thoseadhesive stamps used, shall be cancelled sothat they can not be used again ( Sec -12 ).
Stamp Act 1899 Sec. 29 : Duties by whom payable.In absence of any contrary agreement stampduty will be payable by the following persons :-(i)Administration Bond, Agreement relating todeposit of title deeds, Security Bond, Bill Deed,Settlement, Transfer of shares – by personsdrawing such instrument.
Stamp Act 1899(ii) Insurance policies other than fire insurance –by the person effecting the policy.(iii) In case of fire insurance policy – by the person issuing the policy.(iv) In case of conveyance by the grantee.
Stamp Act 1899(v) In case of a lease by the lessee.(vi) In case of exchange by the parties in equal shares.(vii) In case of Certificate of sale – by the purchaser.(viii) In case of partition – by the parties proportionate to their share.
Stamp Act 1899Sec-35 Instruments not duly stamped not admissible in evidence.No instruments chargeable with duty shall beadmitted in evidence for any purpose by anyperson having , by law or consent of parties,authority to receive evidence, or shall be actedupon, registered or authenticated by any suchperson or by any public officer unless suchinstrument is duty stamped.
Court Fee Act, 1870 The Court Fee Act 1870.This Act lays down court fees payable indifferent courts and public offices ondifferent documents filed. Court feespayable has been given in Schedule I, II & III.
Court Fee Act, 1870Sec – 6 Fees on document filed in Mofussil Courts and Public offices.No documents of any of the kinds specified aschargeable in Schedule I & II to this Act shall befiled, exhibited or recorded in any Court of Justiceor shall be received or furnished by any publicofficer, unless in respect of such documents therebe paid a fee of an amount not less than thatindicated by either of the said Schedules asproper fee for such document.
Court Fee Act, 1870Sec-7 Lays down the mode of computation offees payable in certain suits.Sec-19-Exempts as many as 34 documentsfrom payment of court fee.
LIMITATION ACT, 1963 Ajit Kumar Khan Dy Director (Trg)
Sec. 2(j) Period of limitation means the periodof limitation prescribed for any suit, appeal orapplication by the schedule to the Act andprescribed period means the period oflimitation computed according to this act.Sec.3(1) Bar of limitation – Subject to theprovisions of sections 4 to 24 of this Act, everysuit instituted, appeal preferred andapplication made after the prescribed periodshall be dismissed.
Period prescribed in Schedule to the Act. (a) Three years for a suit relating to accounts,contracts, decrees, movable property,recovery under a contract etc. (b) Twelve years for suits relating topossession of immovable property and thirtyyears for mortgaged property. (c) Three years for compensation in somecases.(d) 30 to 90 days in case of appeals under CivilProcedure Code and Criminal Procedure Code.
Sec. 4: If court is closed on last day oflimitation then suit, appeal or applicationcan be filed on next day when Court reopens. (Section-10 of the General ClausesAct,1897)
Sec. 9: If a person , entitled to file a suit ormake application, was disabled (minor orinsane), the period of limitation will startafter the disability is removed. For filing appeals against any judgment, iflimitation is provided in any statute, that willprevail.
Computation of period of limitation.(a) First day or day of judgment is to be excluded. Sec. 12(1).(b) Time for getting copy of judgment or decree or order or award (against which appeal has to be filed is to be excluded. Sec. 12(3).
Computation of period of limitation(c) Period of stay or injunction will be excluded. Sec. 15(1).(d) If consent or sanction of Government is required for filing suit or application or notice is to be given to Government , the period spent in obtaining the consent or sanction or time in giving notice is excluded. Sec. 15(2).
Sec. 18: Effect of acknowledgment in writing If an acknowledgment of liability in respectof any property or right is obtained in writingduly signed by the party against whom suchproperty or right is claimed, before theexpiration of period of limitation, a freshperiod of limitation shall be computed fromdate of acknowledgment. That is why Banksand Financial Institutions obtainconfirmation of balance every year.
Sec. 3 : Power to administer oaths: (1) The following Courts and persons shallhave power to administer oaths andaffirmations by themselves or subject to theprovisions of Sec.6(2), by an officerempowered by them in this behalf.
(a) all courts and persons having by lawauthority to receive evidence. (b) the Commanding officer of any Military,Naval or Air force station, provided that theoath or affirmation is administered withinthe limits of the station.
(2) Any court, judge, Magistrate or personmay administer oaths and affirmation for thepurpose of affidavit, if empowered, (a) by the High Court, in respect of affidavit for the purpose of judicial proceedings, (b) by the State Govt. in respect of other affidavits.
Sec.4 : Oaths or affirmation shall be made by witnesses, interpreters and jurors.• All witnesses who may lawfully be examined or be required to give evidence before any court or person having by law or consent of parties authority to examine such persons or to receive evidence.• Interpreter of questions put to and evidence and the Jurors.
These provisions will not apply to a witnessbeing a child below the age of 12, if the Courtis of the opinion that though the witness mayunderstand the duty of speaking truth, hemay not understand the nature of an oath oraffirmation. In such cases absence of oath oraffirmation shall not render the evidencegiven by such witness inadmissible.
Sec.6 Forms of oaths and affirmation: (1) All oaths and affirmation shall beadministered as per forms given in the scheduleas may be appropriate to the circumstances ofthe case.(2) All such oaths and affirmation shall in thecase of all courts other than Supreme Court andHigh Courts be administered by the PresidingOfficer of the Court himself or in the case of aBench of judges or Magistrates, by one of thejudges or Magistrates.
Sec.8: Persons giving evidence bound tostate the truth: Every person giving evidence on any subjectbefore any Court or any person authorized toadminister oaths and affirmation shall bebound to state the truth on the subject.
Sec.3 Interpretation clause.• Court includes all Judges and Magistrates and all other persons except arbitrators, legally authorized to take evidence.• Fact means and includes- (a) anything, state of things, or relation of things, capable of being perceived by senses, (b) any mental condition of which any person is conscious,
• Facts in issue means and includes any fact from which either by itself or in connection with other facts, the existence or non existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding necessarily follows.
• Document means any matter expressed or described upon any substance by means of letter, figures, or marks or by more than one of those means, used or intended to be used for recording that matter.
• Evidence means and includes : - (1) all statements which the court permits or requires to be made by witnesses before it in relation to matters of fact under enquiry. Such statements are called oral evidence. (2) all documents produced for inspection of the court are called documentary evidence.
• Proved: A fact is said to be proved when after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought to act upon the supposition that it exists.
• Disproved: The court believes that it does not exist.• Not proved: Neither proved nor disproved.
• May presume: If it is provided that the court may presume a fact then the court may either regard such act as proved unless and until it is disproved or the court may call for proof of it.• Shall presume: Here the court shall presume a fact as proved unless and until it is disproved.
• Conclusive proof: When one fact is declared by this Act to be conclusive proof of another, the court shall on proof of one fact regard the other as proved and shall not allow evidence to be given for disproving it.
• Rules of proof in civil cases: A mere preponderance of probability, due regard had to the burden of proof, is a sufficient basis of decision.
• Rules of proof in criminal cases: Onus of proving everything essential to the establishment of the charge against the accused lies on the prosecutor. Evidence must be such as to exclude to a moral certainty every reasonable doubt of the guilt of the accused. In matters of doubt it is safer to acquit than to condemn.
Sec.60: Oral evidence must be direct. Oral evidence in all cases must be direct. if itrefers to a fact which could be seen, it mustbe the evidence of a witness who has seen it,if it refers to a fact which could be heard, thewitness must have heard it, if it refers to anopinion or to the grounds on which theopinion is held, it must be evidence of aperson who holds opinion on those grounds.
Sec.61: Proof of contents of documents.Contents of documents may be proved eitherby primary or by secondary evidence.Sec.62: Primary evidencePrimary evidence means the document itselfproduced for inspection of the court.
Sec.63: Secondary evidence means and includes :• Certified copies• Copies made from the original by mechanical process, which ensures accuracy of the copy.• Copies made from and compared with original.• Oral accounts of the contents of a document given by some person who has seen it.
Sec.64: Proof of documents by primary evidence:Documents, barring some exceptions, must beproved by primary evidence.Sec.101: Burden of Proof : Whoever desires anycourt to give judgment as to any legal right orliability dependant on the existence of facts whichHe asserts , must prove that those facts exist.When a person is bound to prove the existence ofa fact, the burden of proof lies on that person.
Sec.102: On whom burden of proof lies: The burden of proof in a suit or proceedinglies on that person who would fail if noevidence at all were given on either side.Sec.103: Burden of Proof as to particular fact: Burden of proof of any particular fact lies onthat person who wishes the court to believein its existence, unless the law provides thatproof of the fact shall be on the otherperson.
Sec.114: Court may presume existence ofcertain facts: The court may presume the existence of anyfact which it thinks likely to have happened,regard being had to the common course ofnatural events, human conduct and publicand private business in their relation to thefacts of a particular case.
Sec.115: Estoppel:When one person has, by his declaration, actor omission, intentionally caused orpermitted another person to believe a thingto be true and to act upon such belief,neither he nor his representative shall beallowed, in any suit or proceeding betweenhimself and such other person, to deny thetruth of that thing.
• Sec.137 Examination-in-chief : The examination of witness by the party who calls it shall be called his examination in chief.• Cross examination: The examination of the witness by the adverse party shall be called his cross examination.• Re-examination: The examination of a witness by the party who called him subsequent to the cross-examination shall be called his re-examination.
Sec.141: Leading questionsAny question suggesting the answer which theperson putting it wishes or expects to receiveis called a leading question.Sec.142: When they must not be asked. Leading questions must not be asked in anexamination-in-chief, if objected by the otherparty, or in a re-examination, except with thepermission of the court. However, they maybe asked which are introductory, undisputedor sufficiently proved.
Sec.143: Leading questions may be asked incross examination. Sec.146: Questions lawful in cross-examination: When a witness is crossexamined, he may be asked any questionwhich tend - to test his veracity, - to discover identity and his position in life.
THE LIMITED LIABILITYPARTNERSHIP ACT, 2008 Ajit Kumar Khan Dy. Director (Trg)
Sec. 3A. LLP is a body corporate formed andincorporate under this act and is a separatelegal entity separate from its partners. It willhave perpetual succession. Any change in thepartners shall not effect the existence, rightsor liabilities of the LLP.
Sec. 4 The Indian Partnership Act-1932 shallnot apply to LLP. Sec. 6 Every LLP shall have at least twopartners.
Sec.7 Every LLP shall have at least twodesignated partners, being individuals and atleast one of them is resident in India. Theselection and tenure of designated partnerwill be according to the incorporationdocument and with his consent. Everydesignated partner shall obtain a DPIN fromCentral Govt. as per Companies Act 1956.
Sec.8 A designated partner shall beresponsible for the doing of all acts, mattersand things including filing of any document,return, statement and also be liable to allpenalties imposed on LLP for anyContravention of the provisions. Suchcontraventions are punishable with fines.
Sec. 11 The incorporation document shall bein prescribed from stating forth suchparticulars as may be prescribed. The LLPmust be registered. Sec. 23 The mutual rights and liabilities ofthe partners will be governed by the LLPagreement.
Sec. 26 Every partner is agent of the LLP itselfand not agent of other partners. Sec. 27 An obligation of the LLP, whetherarising out of contract or otherwise shallsolely be the obligation of LLP and shall bemet by the LLP.
Sec. 34 The LLP shall maintain such books ofaccounts and other records as may beprescribed and file annual return to theRegister within 6 months from the closure ofits financial year.
Sec. 42 The rights of a partner to share theprofit or losses are transferable either whollyor in part.Sec. 35 A firm may convert into LLP as per the 2nd Schedule.
Sec. 56 A private company may also convertinto LLP as per 3rd Schedule.Sec. 57 An unlisted public Company may alsoconvert into LLP as per the 4th Schedule.Sec. 63 LLP may be wound up voluntarily orby Tribunal.
Taxation of LLP, w.e.f. 01.04.2010Sec.2(23) -Firm shall include LLP and partner shall include partner of LLP.Sec. 140 - Return to be signed by a designated partner and in his absence by any partner.
Sec. 167C - If tax due from any LLP in liquidationcan not be recovered , then the partners of suchLLP will be severally and jointly liable for paymentof such tax, unless he proves that non- recovery cannot be attributed to any gross neglect or breach ofduty on his part in relation to the affairs of the LLP.
FEMA,1999 & HAWALA. Ajit Kumar Khan Dy. Director (Trg.)
FEMA 1999Sec.2(c).Authorized person meansan authorized dealer, money changeror any person authorized u/s.10(1) todeal in foreign exchange or securities.AD-I, Banks ,all activities.AD-II, Only buy and sell F.E.AD-III, Hotels of repute.
FEMA 1999Sec.2(e) Capital account transactionis a transaction that alters the assetsor liabilities outside India of a residentIndian or assets and liabilities in Indiaof a non-resident Indian.
FEMA 1999Sec.6 Capital account transaction.Any person may sell or draw foreignexchange to or from any authorizedperson for a capital account transaction.It is transfer of capital against long termpayment for assets and liabilities. RBImay specify the permissible capitalaccount transactions with limits.
FEMA 1999Sec.2(J).Current account transaction is onethat is not a capital account transaction.These are short term payment againstgoods and services.• Payments against foreign trade,• Remittances for expenses of family members residing abroad,• Expenses in connection with foreign travel, education and medical care of spouse, parents and children.
FEMA 1999Sec 5: Current account transactionsAny person can sell or draw foreignexchange to or from any authorised personif such transaction is current accounttransaction, with restrictions.
FEMA 1999 Sec.2(n).Foreign exchange means foreign currency and includes: Depo sits, credi ts, bala nces paya ble in forei gn curre
FEMA 1999Sec-3.Dealing in Foreign Exchange. Save as otherwise provided in the Act orwithout permission of RBI, no person shall-(a) deal in or transfer any foreign exchangeto any person not being an authorisedperson.(b) make any payment to or for the creditof any person resident outside India.
FEMA 1999(c)receive, otherwise through anyauthorised person, any payment from anyperson resident outside India.(d) enter into any financial transaction inIndia as consideration for a right to acquireany asset outside India.
FEMA 1999 Sec.10 Authorized person.The R.B.I. may, on an application madeIn this behalf, authorize any person to beknown as authorized person to deal inforeign exchange or in foreign securitiesas an authorized dealer or money changeror any other manner as it deems fit.
FEMA 1999AD-I, Banks. they are authorised to do
FEMA 1999 Sec-13 PenaltiesIf any person contravenes any provisionof this act, he shall be liable to penaltyupto thrice the sum involved, where suchcontravention is quantifiable or upto Rs.2 lakhs where such contravention is notquantifiable. Continuing contraventionwill attract a further penalty of Rs.5000/per day.
FEMA 1999 Section-36: Directorate of Enforcement Section-37: Power of Search and Seizure Section-38: Empowering other Officers.
Hawala TransactionsHawala transactions not defined in FEMA.It is unauthorised transfer of fund fromIndia to a foreign country or vice-versa
Hawala Transactions Why Hawala ?• Evading direct taxes - IT, WT.• Evading indirect taxes - Customs duty, Central Excise duty.• Converting black money into white.• Keeping money in foreign country for use there.• Narco-terrorism, Gold smuggling etc.
Hawala Transactions Evolution Nationalizations of banks made people afraid of keeping black money in banks, as it may be easily detected. FERA/FEMA came into operation. People found the way of transferring fund through unauthorized channels. Gradually Hawala evolved.
Hawala Transactions Modus operandi. Remittance.• Over invoicing import bills• Under invoicing export bills.• Excess fund kept in overseas account. Bringing back• Under invoicing import bills, brought through goods. Balance payment from overseas a/c.• Over invoicing export bills, sale proceeds brought back, Deduction under I.T. Act.
Hawala TransactionsAn Indian wants to remit money to aforeign country, a foreigner also wantsto remit money to India, both illegally.This can be done by mutual adjustmentsthrough Hawala operators.
Hawala Transactions Hawala through border States (Bangladesh) Carriers carry money to border districts. Agents purchase goods in India and enters Bangladesh. Sell goods in Bangladesh, collects BD Taka. Exchange BD Taka with Dollars with persons residing abroad, sending money to their family at Bangladesh.
Hawala Transactions Jain HawalaSome beneficiaries in India got money inforeign currency, in foreign country, forsome help extended. Money was broughtto India through Jain Brothers and otherHawala operators.
Hawala Transactions Remedy• ED must keep vigil on such operations.• Customs/Central Excise be vigilant on illegal imports/exports.• IT Deptt. to verify false claim of foreign exchange deductions.• Govt. to legislate rigorous punishment for offenders.• RBI to play vital role, introduce checks.• Co-ordination between these Deptts.