TIP # 1

CHEQUE DISHONOUR

11/02/2006

1. Send notice within 30 days from Bank Note

2. Second Notice not valid

3. Allow 15 days notice for payment

4. Still unpaid – File complaint within 30 days after payment time

5. Police have no jurisdiction or power to deal under Section 138 of N.I. Act

6. File a complaint before concerned magistrate

--------------------------------------------------------------------------------

TIP # 2

WILL

18/02/2006

1. Every person who is a major and has sound disposing mind may make a will with respect to his/her property.

2. For execution of the will the testator shall sign or affix his marks to the will or shall be signed by some other person in his presence and by his direction.

3. The signature / mark of the Testator shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.

4. The will shall be attested by 2 or more witnesses each of whom has seen the Testator sign the will: and each of the witness shall sign in presence of the Testator.

5. No stamp duty is required to be paid for a will.

6. Will can be written in Testators own hand writing or otherwise.

7. Registration of will is not mandatory.

8. But it is advisable to get a will registered to avoid questions of genuineness.

9. It can be revoked, modified or altered at anytime by the Testator.

10. Will takes effect after the death of the Testator.

11. Will or bequest which does not express any definite intention is void for uncertainty.

12. If there are two irreconcilable or inconsistent clauses in a will the last clause shall prevail.

13. If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole.

--------------------------------------------------------------------------------

TIP # 3

TENANTS – BANGALORE CITY

25/02/2006

Relevant Laws:

· Transfer of Property Act, Chapter V, Section 105 to 117.

· The Karnataka Rent Act

1. Non-Residential Tenant

(+) A tenancy of shop, godown, office, premises, etc., whose rent is above Rs.3,500/- or which measures above 14 Sq.Mts or if the building is more than 15 years old, such tenants can be evicted after the agreed period of lease. After determination of the lease, such tenant’s possession is illegal and shall be liable for breach of contract and damages.

(+) After the expiry of the agreed terms of the lease, the landlord has the legal right to eject the tenant after notice or otherwise as prescribed..

(+) Tenants whose rent is below Rs.3,500/- or below 14 sq. mts. and buildings above 15 years old, are protected under the Rent Act. The agreed term of the lease in such tenancies are immaterial and the tenants cannot be evicted without eviction orders from the court on the grounds available under the Act.

2. Residential Tenants

(+) Rent above Rs.3,500/- has no protection under the Rent Act. Such tenants have no right to continue on the termination of the lease agreement. After termination of the lease as prescribed, the tenant’s possession is not lawful and liable for breach of contract and damages.

(+) Hence, tenants paying above Rs.3,500/-, must have written valid lease agreements as required with fixed period, which will ensure their occupation for the agreed term. .

(+) Tenants paying less than Rs.3,500/- are protected under the Karnataka Rent Act and shall continue in possession even after their agreed terms of lease as statutory tenants.

3. Karnataka Rent Act:

(+) Under the Karnataka Rent Act, the protected tenants cannot be evicted unless the landlord proves the grounds for eviction as provided therein in a court of law.

(+) The protected tenants under the Karnataka Rent Act provides for the Rent Control to fix the standard rent etc.

(+) Under the Act, the landlord has right to revise the rent for incurring expenditure and for improvement etc. Under the Act, it is mandatory the tenancy agreement be in writing.

(+) Under the Act, the tenants have no right to receive any payment in consideration for relinquishment, transfer or assignment of the tenancy.

--------------------------------------------------------------------------------

TIP # 4

Lease

04/03/2006

1. Eleven Months Lease

2. Lease for eleven months requires no registration.

3. Duration of Lease:

In the absence of contract, lease of immovable property for agriculture or manufacturing shall deem to be a lease from year to year. And lease of property for any other purpose shall deem to be a lease from month to month.

4. Lease Registration

Under the registration act, any lease agreement for a period of one year or above is liable to be compulsorily registered otherwise it is invalid in law.

5. Determination of Lease

By efflux of the time limited under the agreed lease.

On expiration of the termination notice to quit or intention to quit.

By implied surrender.

By express surrender.

By forfeiture in case the lessee breaks any agreed condition including non-payment of rent, if it is expressly agreed to allow re-entry of the lessor on such breach.

On death of a lessor having only life interest in the property.

6. Tenancy at Will

In the absence of any fixed period of lease under valid lease deed, the tenancy shall be at Will and both the lessor and the lessee shall have the right to terminate the tenancy by fifteen days / six months notice, as the case may be.

7. Tenant at Sufferance

After expiry of the agreed lease period, a tenant who continues without the lessor’s consent, shall deem to be a tenant at sufferance and is liable to be evicted without notice.

8. Notice

Lease which do not have protection under the Karnataka Rent Act, as specified above, under Section 106 of T.P. Act any month-to-month lease can be terminated by fifteen days notice either by the tenant or by the lessor. Any year to year lease is terminable by six months notice, either by lessor or lessee.

Lease for fixed period under a valid contract the lease is terminated without notice on expiry of the term.

By agreement notice period for termination can be enhanced or reduced.

--------------------------------------------------------------------------------

TIP # 5

Hindu marriage

12/03/2006

1. The Hindu Marriage Act – 1955:- The basic Hindu Marriage Law extends to the whole of India, except the States of Jammu & Kashmir. It also applies to all Hindus domiciled in the applicable territories but who are primary outside the territory.

2. It applies to any person who is a Hindu by religion and in any of its form, developments, including a virashaiva, lingayath or a follower of the Dravidic prarthana or Aryasamaj, also to Buddhist, Jain and Sikhs..

3. It also applies to any other person who is domiciled in India who is not a Muslim, Christian, Parsi or Jew by religion.

4. It applies to Hindus by birth (also by religion)

5. Conditions for Hindu Marriage:

(i) Both must be Hindus.

(ii) Neither party has a living spouse at the time of marriage

(iii) The bridegroom is age of 21 years and the bride 18 years at the time of marriage.

(iv) At the time of marriage neither party must be unsound, suffering from mental disorder, recurrent attacks of insanity or epilepsy.

(v) Both must be capable of giving their valid consent.

(vi) Both parties are not within the degree of prohibited relationship or not sapindas of each other.

(vii) If two are brother and sister, uncle or niece or aunty or nephew, or children of brother and sister or of the two brothers or of the two sisters are prohibited from marriage, i.e., the brothers widow, the paternal or maternal uncle’s widow, grandfather widow, grandmother brother’s widow and the children of brother and sister are prohibited.

(viii) Lineal ascendants, wife or husband of lineal ascendant or descendant are prohibited from marriage.

(ix) Marriage not solemnized in accordance with customary rites and ceremonies may not be complete and binding.

(x) Sapthapadi (7 steps) exchange of garlands, tying thali, exchange of finger rings etc., are prevailing form of ceremonies.

(xi) At present registration of Hindu marriage is not compulsory

6. Marriage can be registered after the marriage with the marriage officer.

--------------------------------------------------------------------------------

TIP NO #6

POWER OF ATTORNEY

25/03/2006

1. Power of Attorney includes any instrument empowering a specified person(s) to act for and in the name of the person executing it.

2. In India including Karnataka, Power of Attorney is required to be stamped with prescribed stamp duty.

3. It may be authenticated by a notary.

4. Married women have power to appoint an Attorney on her behalf for executing non-testamentary documents.

5. Power of Attorney is not valid for executing a WILL.

6. General Power of Attorney or Special Power in favor of an agent for different purposes, to represent in court cases, sale or purchase of property, management of property, executing deeds or documents etc., may be delegated by any Trustee, merchant, company, individual, NRI, firm etc.,.

7. Power of Attorney authorizing executing and / or registration of a Sale Deed with respect to immovable property or any such registration of a deed for transfer of immovable property, in any manner, requires compulsorily registered power of attorney under the registration Act.

8. In India power of attorney can be registered in the registrars office.

9. If a power of attorney is executed outside India in that case the instrument can be authenticated by a notary public of that country or by the Consul of Indian Embassy (for the purpose of property registration)

10. Any sale deed or any other deed executed by a person authorized under un-registered power of attorney is invalid and no title passes under the same.

11. The stamp duty in Karnataka for general or special power of attorney is Rs.100/-. In addition to this, if the power of attorney is registered, registration fee is payable.

12. Power of attorney authorizing more than five but not more than 10 persons to act jointly and severally then the stamp duty is Rs. 200/-.

13. When given for consideration and authorizing the attorney to sell immovable property, stamp duty is equivalent for market value, i.e., presently 7.5% on the market value of the property.

14. When given to promoters and developers for development, sale or transfer of any immovable property in Karnataka – From Rs. 10,000/- to Rs. 1,50,000 ,depending on the value of the property.

15. When given to a person other than mother, father, wife or husband, son, daughter, brother, sister in relation to the executant and authorizing, such persons to sell immovable property – 8% as stamp duty on market value (Duty paid on such power of attorney is adjustable towards the sale deed).

16. There is provision for depositing the original instrument of power with High Court or District Judge, if the High Court has framed the relevant rules.

17. High Courts of Mumbai, Chennai and Punjab &Haryana have framed rules for deposit of Power of Attorney.

18. Instrument executed by M D without company seal is invalid.

--------------------------------------------------------------------------------

TIP # 7

Maintenance of Wife, Children and Parents under section 125 of Code of Criminal Procedure

6/04/2006

1. If any person having means neglects or refuses to maintain his (i) wife (unable to maintain herself), (ii) his minor child legitimate or illegitimate (whether married or not), or (iii) a major child who is unable to maintain itself due to physical or mental abnormality or injury, (iv) his father or mother (unable to maintain themselves) can claim maintenance, by filing an application under section 125 of Code of Criminal Procedure.

2. Magistrate of the first class may upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenance of the wife, or such child, father or mother at such monthly rate as such magistrate thinks fit and to pay the same to such persons as the magistrate may from time to time direct.

3. The father of a minor female married child can be directed to pay maintenance until she attains majority, if her husband is not possessed of sufficient means.

4. During the pendency of the case court can direct payment of reasonable interim maintenance, which can be disposed of within 60 days after service of court notice.

5. A divorced wife also entitled to claim maintenance if she is not re-married.

6. Divorce does not end the right to maintenance.

7. When the wife lives separately can claim maintenance:-

(a) When the husband is impotent

(b) When the husband performed sterilization before marriage is treated as an

act of cruelty.

(d) When the husband ill-treats the wife and guilty of cruelty or harassment.

8. When a wife cannot claim maintenance:-

a. Living in adultery

b. If without any sufficient reason, she refuses to live with her husband

c. If they are living separately by mutual consent

9. When children can claim maintenance:

a. When a child is a minor and unable to maintain itself, whether married or not

b. Evan a major child can claim maintenance, where such child is, by reason of any, physical / mental abnormality or injury is unable to maintain itself.

c. Even if the mother is guilty of adultery and is disentitled to get maintenance, the maintenance of such children living with such mother cannot be refused

d. Minor children of the divorced Muslim women are also entitled to claim maintenance under sec.125.

10. When parents can claim maintenance:-

a. Any parent(s) unable to maintain himself or herself can get maintenance from their son or daughter having sufficient means.

b. An adult daughter is bound to maintain her parents.

c. Mother means real / natural mothers and does not include step-mother, but includes adopted mother.

11. Statutory Right of Maintenance cannot be defeated by agreement to the contrary.

12. Insolvent husband cannot refuse to maintain his wife or children.

13. If the order of maintenance is not complied sentence upto one month can be imposed.

NOTE: In addition to the above provision under section 125 of Code of Criminal Procedure following special laws are also available.

1. Hindu Marriage Act.

2. Hindu Adoption and Maintenance Act.

3. Muslim women (Protection of rights on Divorce) Act.

4. Indian Divorce Act.

5. Jammu and Kashmir Hindu Marriage Act.

6. Special Marriage Act.

7. Parsi Marriage and Divorce Act.

--------------------------------------------------------------------------------

Tip # 8

HIT AND RUN ACCIDENT CLAIM

13/4/2006

In the case of death or injury, due to hit and run motor vehicle accident, the Indian Govt/ has made provision for statutory compensation under Section-161 of Motor Vehicles Act.

Central Government has framed solatium scheme 1989 for welfare of such hit and run accident victims.

For death Rs. 25,000/- is payable.

For injury Rs. 12,500/- is payable

Victims must approach the concerned government tahsildar or collector for the claim.

--------------------------------------------------------------------------------

Tip # 9

PURCHASE OF FLATS/APARTMENTS—SL 1.

28/4/2006

1. All builders, promoters, developers are bound by the Karnataka Ownership Flats (Regulation of the Promotion of Construction, sale, management and transfer) Act – 1972.

2. This Act provides for the regulation of the promotion of the construction, sale and management and transfer of the flat taken on ownership basis in the State of Karnataka.

3. All builders, or developers, or promoters of flats in all transactions with persons intending to purchase any flat is liable to give all the information and documents mentioned in Section-3 of the Act.

4. Therefore, all the persons intending to purchase flats are entitled to demand the following information and documents from the builders before entering into a sale contract or payment of advance.

5. A promoter, who constructs or intends or intends to construct such block or building of flats, shall:-

a. make full and true disclosure of the nature of his title to the land on which the flats are constructed, or are to be constructed: such title to the land as, aforesaid having been duly certified by an Advocate of not less than seven years standing;

b. make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any party in or over such land ;

c. allow inspection on reasonable notice on the plans and specifications of the building built or to be built on the land ; such plans and specifications having been approved by the local authority which he is required so to do under any law for the time being in force ;

d. disclose the nature of fixtures, fittings and amenities (including the provision for one or more lifts) provided or to be provided ;

e. disclose on reasonable notice or demand if the promoter is himself the builder, the prescribed particulars as respects the design and the materials to be used in the construction of the building and if the promoter is not himself the builder, disclose on such notices or demands all agreements (and where there is not written agreement the details of the agreement(s) entered into by him with the architects and contractors regardless the design, materials and construction of the building ;

f. specify in writing the date by which possession of the flat is to be handed over ;

g. prepare and maintain a list of flats with their members already taken or agreed to be taken and the names and addresses of the parties and the price charged or agreed to be charged therefore, and the terms and conditions if any, on which the flats are taken or agreed to be taken ;

h. state in writing, the precise nature of the organization or persons to be constituted and to which title is to be passed, and the terms and conditions governing such organization of persons who have taken or are to take the flats.

i. not allow persons to enter into possession until a completion certificate where such certificate is required to be given under any law, is duly given by the local authority.

j. make a full and true disclosure of all outgoings (including ground rent if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue assessment, interest or any mortgage or other encumbrances, if any) ;

k. make a full and true disclosure of such other information and documents in such manner as may be prescribed and give or demand true copies of each of the documents referred to in any of the clauses of this sub-section as may be prescribed as a reasonable charge therefore.

6. Promoter before accepting advance payment of deposit to enter into agreement and agreement to be registered - Notwithstanding anything contained in any other law, a promoter who intends to construct or constructs a block or building of flats all or some of which are to be taken or not taken on ownership basis, shall before he accepts any sum of money as advance payment or deposit which shall not be more than twenty percent of the sale price, enters into a written agreement for sale with each of such persons who are to take or have taken such flats, and the agreement shall be registered under the Registration Act, 1908 and such agreement shall contain the prescribed particulars : and to such agreements there shall be attached such documents or copies thereof, in respect to such matters as may be prescribed.

--------------------------------------------------------------------------------

Tip #10

(SL. NO. 2) PURCHASE OF APARTMENTS

19/05/2006

1. Under Section-5 of the Karnataka Flat Owners Association Act, 1972 promoter is bound to maintain a separate bank account of the money received by him from the purchasers on account of advance or deposits received towards formation of property society or a company or towards outgoings including electricity charges, water charges, property tax, or other encumbrances, if any. Further, the promoter shall disperse the monies for those purposes only and shall on demand in writing by an officer of the government shall make full and upto date disclosure of all transactions in respect of the amounts.

2. Under Section-6 of the Act, the promoter while he is in possession and where he collects money in terms of outgoings from the purchasers shall pay all of the outgoings including the property tax, electricity charges, and other dues etc.,

.3. Under Section-7 of the Act, the promoter after planning the building as approved by the local authorities and is disclosed to the purchaser, the promoter shall not make any rectifications in the structure of the flats or building or construct any additional structures without the previous consent of all the purchasers of the flats. Further, the promoter shall be bound to construct and build in accordance with the plan.

3. Further, under the same section, if any of the building or material used or any

unauthorized change in the construction is brought to the notice of the promoter within one year from the date of handing over possession, the promoter shall be bound to rectify without further charge at his own cost or the purchasers shall be entitled to receive a reasonable compensation for such defects or change.

4. In case of any defect in the building or material used or any change in the construction and there exist dispute regarding the rectification of the defect or compensation for the change, then the purchasers may apply for referring the decision to the officer appointed by the state government within a period of two years from the date of handing over possession. Such officers shall after inspection direct as it may be deem necessary, his decision may be final. The government is empowered to specifically appoint an officer for this purpose who is above the rank of a superintendent engineer.

5. Under Section-8 of the Act in case the promoter fails to give possession in accordance with the terms of the agreement, then the promoter is liable to refund the amount with 9% interest thereon from the date of receipt (this provision is without prejudice to the rights of specific performance).

6. Section-9 of the Act, no promoter shall execute an agreement to sell an flat, mortgage or create a charge on the flat or the land without the previous consent in writing of the persons who take or agreed to take the flats and if any charge is made or created without any previous consent after the sale agreement, it shall not effect the interest of the purchaser in any manner.

--------------------------------------------------------------------------------

TIP #11

ARBITRATION

7/8/2006

1. Arbitration agreement means an agreement by the parties to submit to arbitration all/certain disputes which have arisen or which may arise between them in respect of their legal relationship, whether contractual or not.

2. Arbitration may be in the form of an arbitration clause/contract/separate agreement.

3. Arbitration must be in writing.

4. There is no specific form of arbitration. The only requirement is that there should be an agreement of a contract in writing containing arbitration clause.

5. Parties are free to determine the number of arbitrators provided that such numbers shall not be an even number or the arbitral tribunal shall consist of sole arbitration.

6. Parties are free to appoint any person as arbitrator/s or their choice.

7. It is advisable to nominate and appoint the arbitrators in the contract itself, to later avoid the process of appointment by court.

8. In case the parties disagree, they may approach the High Court U/s 11 of the Arbitration and Conciliation Act – 1996 for appointment of an arbitrator.

9. The parties are free to agree the place of arbitration; otherwise the place of arbitration shall be determined by the arbitral tribunal having regard to circumstances of the case and convenience of the parties.

10. The arbitration hearing can be held oral or otherwise as the parties to the arbitration decide.

11. High court usually appoints retired judges as arbitrators.

12. Court assistance can be taken in taking evidence of witnesses etc.

13. Arbitrator can encourage the settlement between the parties.

14. If the parties agree, award can be passed without giving any reasons, i.e., on the agreed terms.

15. A signed copy of the arbitral award must be delivered to each party after making it.

16. Even interim award can be passed.

17. Arbitrator can fix the cost of the arbitration and specify the party entitled to cost, the party liable to pay the cost, the amount of cost, manner of payment, legal fee and expense, fees and expenses of the arbitrators and witness etc., unless otherwise agreed.

18. Under Section 34 an application to the court may be made to set aside the award.

19. Against setting aside or refusing to set aside the arbitral award, an appeal shall be made to the appellate court.

20. The Limitation Act, 1963 applies to arbitration, as it applies to the proceedings in court.

21. Award can be enforced through civil court by filing execution proceedings.

22. Arbitration proceedings do not involve court fees.

23. Arbitration is advisable and suitable in commercial contracts like works contract, agency, supply, insurance, sale agreements, partnership, joint venture, tenders etc.,

24. Arbitration clause in cases such as cases regarding genuineness of Will or Divorce etc., are matters barred for adjudication by arbitrators.

25. Several statutory laws provide for arbitration such as:-

i) Co-operative Societies

ii) Small Scale Industries

iii) Electricity Laws etc.

--------------------------------------------------------------------------------

TIP #12

SMALL SCALE INDUSTRIES

(Payment of Compound Interest and Arbitration)

02/09/2006

Under the Interest on Delayed Payments to Small and Ancillary Industrial Undertakings Act, 1993, any buyer of goods or services from Small Scale Industries (SSI) is liable to pay compound interest with monthly rests at the rate of one-and-a-half times of prime lending rate charged by State Bank of India.

That the compound interest is payable by the buyer to SSI if payment is not made within the date as agreed.

The Act has also prescribed that in the absence of any agreement regarding period of payment, it shall deem that after 30 days from the date of acceptance of goods by the buyer from the supplier shall be the date from which the liability to pay compound interest shall commence.

Further, it has also been provided that in case there is an agreement between the supplier and the buyer, the period agreed upon shall not exceed 120 days and any agreement contrary beyond 120 days shall not be valid.

That the Act has further provided recovery of amounts due, by way of a suit by the supplier from the buyer with interest at the rate mentioned above. Notwithstanding the remedy of suit, any party, in case of a dispute can make reference to the Industries Facilitation Council (IFC) for acting as an arbitrator or conciliator to resolve the disputes in accordance with the provisions of Arbitration and Conciliation Act, 1996.

That the Act has provided for establishing of IFCs by state governments. The IFC shall consists one or more members to be appointed from among the Director of Industries, representative of banks and financial institutions, office bearers of industry associations, persons having special knowledge in the field of industry, finance, law trade and commerce etc., Persons appointed from the category of Director of Industry shall be the chair person of the IFC.

APPEAL: . By virtue of this Act, no Appeal against any decree, award or order shall be entertained by any court or other authority unless the Appellant (not being the supplier) has deposited with it 75% of the amount in terms of the decree, award or order as the case may be.

The Act has been legislated in 1993 with a view to protect the interest of SSIs. Small Scale Industries need not file a suit for recovery in the civil court, which involves court fees etc. Arbitration option can be a cheaper and faster method. Further, it also restricts frivolous appeals by means of requiring deposit of 75% of the decretal amount. Hence, the SSIs Association’s must take note of this and the state government must ensure that IFC is established in the state at the earliest.

PLEASE NOTE THIS LAW IS REPEALED BY ACT NO.27 OF 2006

SEE TIP NO.19

--------------------------------------------------------------------------------

TIP #13

PROHIBITION OF EXORBITANT INTEREST (Part-I)

20/09/06

1. The State of Karnataka in order to prevent the public from falling prey to the money lenders charging exorbitant interest and harassing the public, has brought an Act prohibiting the charge of exorbitant interest, which is in force from September 2003.

2. That charging of interest on hourly, daily, monthly or on installment basis is prohibited.

3. That whoever charges exorbitant interest or abets molesting any borrower for recovery of the loan is liable to be punished with imprisonment up to three years and also with fine up to Rs. 30,000/-.

4. Further, interest charged in excess of the rate fixed U/s 28 of the Karnataka Money Lenders Act, shall amount to exorbitant interest.

5. Any borrower can file a petition before the concerned court and deposit the money due in respect of the loan received by him together with interest fixed by the State government and obtain discharge of the loan including interest.

6. The court may, after clarifying and consulting the versions of both the borrower as well as the moneylender can pass an order recording the deposit of the loan and interest.

7. Further, if the moneylender has forcibly taken the possession of any movable and / or immovable property, then the borrower can file a petition for restoration of the possession of such property.

8. Under the said Act, if any borrower or member of his family commits suicide because of the moneylender’s molestation, it shall be deemed that the moneylender has abetted with such suicide.

--------------------------------------------------------------------------------

TIP #14

PROHIBITION OF EXORBITANT INTEREST ACT- Part-II (Credit Cards ,etc)

25/10/2006

1. That every credit card company in the country has been indulging in charging exorbitant interest ranging from 24% to 30%, in addition to various other exorbitant charges.

2. Further, the credit card companies have also been using muscle power and are recovering credit card dues by means of criminal force including molestation.

3. In order to deal with such illegal activities of credit card companies, it appears that credit card holders can prosecute the credit card companies and also approach the court for deposit of their dues at the interest rate prescribed under the Karnataka Money Lenders Act.

4. Therefore, this prohibition of exorbitant interest law can be of great relief for the victims of credit card holders. If any property which has been forcibly taken away by the credit card companies, the same can be restored by the court under the said law.

--------------------------------------------------------------------------------

TIP #15

Partition Deed & Women’s rights in a joint family (Hindu Law)

26/11/2006

1. The Hindu Succession Act, 1956 has been amended by Act No. 39 of 2005 w.e.f. 09.09.2005.

2. One of the major amendments in section 6 of the Act is that the daughter in a join hindu family by birth shall become a co-parcener in the same manner as the son and shall have the same right in the co-parcenary property. Further, the daughter shall be subject to the same liability in respect of the said property as that of a son.

3. Further, after 09.09.2005, if any Hindu dies his interest in the property of a joint hindu family shall devolve by testamentary or intestate succession under the Hindu Succession Act and not by survivorship.

4. Further, after 09.09.2005 no court shall recognize any right to proceed against the son, grandson or great grand son for recovery of any debt due from his father, grandfather great grand father solely for the reason of pious obligation.

5. Further, for the purpose of Section-6 of the Hindu Succession Act from 09.09.2005 partition means any partition made by execution of a deed of partition duly registered or partition effected by the decree of the court.

6. Further, Section 23 and 24 of the Act has been amended w.e.f 09.09.2005. Because of this amendment the female heirs shall have right to claim partition of the dwelling house also. Further, the female heirs shall have the right of residence in the dwelling house.

--------------------------------------------------------------------------------

TIP #16

DOMESTIC VIOLENCE (Part 1)

03/12/2006

1. The rights of women who are victims of violence within the family are now protected under “THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT OF 2005”. The Act has come in force on 14.06.2005.

2. Any woman aggrieved by any Act of Domestic Violence by her relatives, including husband, father-in-law, mother-in-law, sister-in-law, brother-in-law, father, mother, brother, sister or family members living together as a joint family can approach the police officer or a protection officer or a registered women NGO or a magistrate for obtaining relief by way of protection order, an order for monetary relief, a custody order, a residence order, a compensation order, etc., under the above referred Act.

3. Any Act or omission or commission or conduct of any adult male person in the domestic relationship shall constitute domestic violence in case it harms or injures or endangers health, safety, life, limb or well being, whether mental or physical of the aggrieved woman and includes causing physical abuse, sexual abuse, verbal and emotional abuse, economic abuse. Domestic violence also includes unlawful demands for dowry, harassment or injury to coerce for unlawful demands for property or valuable security. Economic abuse includes deprivation of any economic or financial resources which the aggrieved woman is entitled under any law or custom and also includes household needs for herself and her children, stridhan property, jointly or separately owned property of the aggrieved woman and dues of rental related to the share in household and maintenance etc. Further, disposal of household effects, alienation of movable and immovable properties, valuables etc., in which the aggrieved person has an interest or is, intended to use by virtue of domestic relationship. It also includes prohibition or restraining to continued access to resources of the facilities which the aggrieved person is entitled to use or to enjoy by virtue of the domestic relationship.

4. The Act has imposed duty on all the State Governments to appoint protection officers for this purpose.

5. Further, voluntary women associations are also empowered to assist the aggrieved women for protecting the rights and interest of women. Such associations are empowered to record the domestic incident report and forward a copy to the magistrate and protection officer. To get the aggrieved woman medically examined and forward a copy to the concerned authorities. To ensure that the aggrieved woman is provided shelter in a shelter home.

6. The application under section 12 of the Act can be made by the aggrieved woman or a protection officer or any other person on behalf of the aggrieved woman to a magistrate for relief for issuance of an order for payment of compensation or damages.

7. Every woman in a domestic relationship have the right to reside in the shared household whether or not she has any right, title or interest in the same, under Section 17 of the Act.

8. Further, under Section 18 the magistrate is empowered to pass protection order in favor of the aggrieved woman to prohibit domestic violence, restrain entry to women’s place of employment or school or any other place frequented by women or females. An order restraining communication in any form including personal, verbal or written or electronic or telephonic contact. An Order restraining the alienation of any assets or operating bank locker or bank accounts etc., can be passed. Under Section 19 the magistrate can pass residence orders restraining dispossession, disturbance etc., and directing the Accused to remove himself, restrain the accused and his relatives from entering any portion of the shared household where the aggrieved woman resides. The magistrate can also restrain the accused from alienating or disposing off or encumbering or renouncing any right in the shared household /property.

--------------------------------------------------------------------------------

TIP #17

PROSECUTION OF BANKS (SARFESI ACT)

18/12/2006

Under Section 29 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

1. If any person/bank contravenes or attempts to contravene or abets contravention of the provisions of this Act or any Rules made thereunder, he shall be punishable with imprisonment in terms which may extend to one year or with fine or with both.

2. In view of the said provision under the Act, in case the financial institution or the bank fails to follow the mandatory prescribed procedure for taking possession of any movable or immovable properties and sale thereof, in such case the authorized officer of the bank is liable to be prosecuted as above.

3. To safeguard the interest of the borrowers, the Act and Rules thereunder has prescribed the mode of taking possession of the movable or immovable property and the mode of sale for realization of debts.

4. That the financial institution, 60 days after issuing demand notice under Section 13(2) of the Act, can take possession of the movable and immovable properties only after the prescribed possession notice is issued as in Appendix-IV of the Rules. That authorized officer of the bank after taking possession of the immovable property shall take steps for preservation and protection of the secured asset and insure them if necessary, till they are sold or otherwise disposed off. Further, before affecting sale of the immovable property, the authorized officer shall obtain valuation of the property from an approved valuer and fix the reserved price of the property. Further, before sale of the property, the authorized officer has to issue a notice of 30 days to the borrower.

5. If the aforesaid procedure is not followed, the possession and sale of the property shall become illegal and the authorized officer shall become liable to be prosecuted and punished.

--------------------------------------------------------------------------------