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Recent Posts

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1
Property laws / Sale of property acquired by Gift Deed
« Last post by achak on Today at 07:55:30 PM »
I have a property in Kolkata which was gifted to me by my father.
The gift deed is duly registered.
Now I have decided to sell the property. The prospective buyer's lawyer has informed that the ORIGINAL Gift deed is required to be handed over to the buyer once the property is registerd in the buyer's name.
Is this mandatory to hand over the Gift deed ?

2
Hi all, Would like to seek legal opinions on the below

I was born in India. I am living in India since my birth, did my schooling and college.I acquired Indian passport in 2011 and used it only in 2016 after I got married.
My mother is French by birth and my father is Indian by birth. I also hold Indian birth certificate. In November 2017 I acquired French passport through my mother. After this period I did not use Indian passport.

I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship. The passport office there told us that we are holding dual citizen ship and forwarded our documents to police to take action before and did not issue surrender certificate. But according to our knowledge we have not used both the passports and we wanted to cancel Indian passport before using French passport and hence this should not be an offence.

RPO quoted Section 12(1A) of Indian Passport act in the letter sent to Police
"It is mandatory for Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Since the misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India -

(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees"

We recently followed up with the commissioner's office and they told us that they are going to file FIR based on the above statement received from the RPO.

Can anyone advise us if what we have done is wrong according the the Indian law?
Appreciate all your responses.
3
Since the property is in your grand father's name the law of succession will apply from your grandfather.

you have to make Legal heir certificate first.
than mutation in the name of all legal heirs.

thats how it will follow
4
If Court passes a judgment in contrary to the law in existence, what is the legal recourse.

In this case even the supreme court dismissed the SLP.

But has made the order not re portable, in such a case non can know the law has been changed by supreme court.

what to do please give idea
5
who ever has copyrighted first, The Registrar of copyrights will stand by that person as witness in the court of law.

The person copyrighting subsequently will also be booked under criminal charges of submitting a copied work in copyright office.

as the copyright act clearly states that every application submitted is taken as an Original piece of creative work.

so the second as sworn falsely  in affidavit.
6
Using one line in a product can be termed as "FAIR USE".

since you are not selling the poem rather u are using a part of it in another trade will not bring this under infringement.

I see no problem as of now.
7
Divorce Laws / Re: Husband left me and went to Australia
« Last post by advocate-lyngdoh on Today at 06:19:26 AM »
File for maintenance for children and you and Right to Residence also.

you should not delay any further on this.
8
Thank you so much for your reply sir.
I live in Mumbai.
I had a buyer who was a bank manager. He said I just have the nomination rights of the property and not the ownership rights. So while Appling loan in a bank, the bank will reject the loan application made to buy the said property, since I'm just a nominee.
As I said earlier, that my mother made a will which Is not probated.
They are asking me to get a succession certificate or else Will Probate.
That's why I made a public notice! The advocate through whom I made the public notice told me that now I'll be able to conclude the sale of the property since he gave the certificate. Is this what law states?
Or is it necessary for Me to get the Will Probade or Succession Certificate?
9
Company laws / Re: What is the maximum no. of partners in a partnership firm?
« Last post by LegalWiz.in on Today at 03:24:46 AM »
The maximum number of Partners a partnership firm may be formed with is 50. (Refer Rule 10 of Companies (Miscellaneous) Rules, 2014)

10
Company laws / Re: Is it okay to exceed the annual turnover limit of an OPC after 3 years?
« Last post by LegalWiz.in on Today at 03:21:18 AM »
Criteria of Conversion are falling under two heads being Voluntary Conversion and mandatory conversion. When the turnover or the paid-up capital exceeds the prescribed limit any time after the incorporation of the One Person Company, the conversion of OPC to Private or Public Limited Company shall be mandatory. The criteria under mandatory conversion do not look into the years completed.

The voluntary conversion would be in case when the member himself wants to get the company converted into Private or Public Limited Company irrespective the paid-up capital or the turnover limit. In given case, the conversion can be made only after completion of 2 years from the incorporation of the OPC
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