PROPERTY DEEDS & ITS LEGAL IMPLICATIONS!!!

The written and signed legal document to transfer the ownership of a real property from the seller or old owner (grantor) to the buyer or new owner (grantee) is called the property deed. For a deed to be legally effective, several necessities must exist, including the identification of the grantor and grantee, and the adequate description of the property.  

Deeds may be categorized in a number of ways, including quitclaim, warranty and special purpose deeds.

Essentials of Deed:-

• Name of the parties involved
• Description of the property involved
• Signature of the person transferring the property
• Deed must be in writing. While most deeds are completed on printed forms, there are no legal needs that any particular form be used as long as the essential elements are included.
• The grantor must have legal capacity, and the grantee must be capable of receiving the grant of the property. A person who is proficient to make a valid contract is considered competent to be a grantor.
• The grantor and grantee must be recognised in such a way as to be ascertainable.
• Operative words of conveyance must be present. All standard form deeds comprise the necessary legal language that literally transfers the property.
• The deed must be legally hand over to the grantee or to someone acting on the grantee's behalf.
• The deed must be accepted by the grantee. Typically, deeds are accepted by the grantee but in certain situations, the grantee could refuse delivery of the deed.

Types of Deeds:-

Deeds are classified as official or private. Official deeds are executed pursuant to court or legal activities. Most of property transactions involve individuals and business entities using private deeds.

Deeds are also categorised on the basis of title warranties provided by the grantor.

• General Warranty Deed
• Special Warranty Deed
• Quitclaim Deed
• Special Purpose Deeds

General Warranty Deed:-

General warranty deed provides more protection to the grantee. With this type of deed, the grantor creates a series of legally binding promises, which is called as covenants and warrants to the grantee (and their heirs) agreeing to protect the grantee against any prior claims and demands of all persons whomsoever in regards to the conveyed land. The normal premises for title contain in a general warranty deed are the Good Right to Convey, it means that the grantor warrants that they own the property and has the legal right to bring it; the covenant against encumbrances, denoting that the grantor warrants that the property is free of liens or encumbrances, except as specifically stated in the deed. The grantee will have quiet possession of the property, and will not be disturbed because the grantor had a defective title are specified in the covenant of quiet enjoyment.

Special Warranty Deed:-

Grantor of a special warranty deed warrants that they accept the title to the property, and that they have not done anything while holding the title to create a defect. The defects that arose during the grantor's ownership of the property are warranted in special warranty deed. Due to this special warranty deed offers less protection to grantee than general warranty deed. 

Quitclaim Deed:-

It is also called non - warranty deed. Quitclaim offers the least amount of protection to the grantee. It conveys whatever interest the grantor has in the property. No warranties or promises regarding the quality of the title are made. The quitclaim deed is essentially as effective as a general warranty deed if the grantor has a good title. However, if the title contains a defect, the grantee has no legal recourse against the grantor under the deed. A quitclaim deed is used when the grantor is not sure of the status of the title that is if it contains any defects or not or if the grantor wants no liability under the title covenants. 

Special Purpose Deeds:-

Special purpose deeds are used for court proceedings and occasion where the deed is from a person acting in some type of official capacity. In this the grantee has little or no protection.

Types of special purpose includes:-

• Administrator's Deed: Mainly used when a person dies without a will.
• Executor's Deed: It is used when a person dies with will.
• Sheriff's Deed: Is given to the victorious bidder at an implementation of sale held to please a judgment that has been obtained against the owner of the property. The grantee is awarded whatever title the judgment debtor has.
• Deed of Gift: Gift deed does not involve financial terms. It used to transfer a property to other without involving a sale.

The transfer of an owner's title is possible by a deed. Certain essential elements must be included within the deed in order to make it legally operative. Different deeds give various levels of protection to thegrantee, and the obligations of a grant or are determined by the form of the deed.

Connect with Licit for knowing more about property deeds. For online legal consultation from the best lawyer regarding preparing property deeds visit the biggest online legal solution www.licit.ooo or can download the app https://goo.gl/L8GeYk

AFFIDAVITS & ITS LEGAL IMPLICATIONS!!!

An affidavit is an official written statement setting out the facts of a case and it is considered as the proof of a case. It is the main method to present the facts of the case to a court. It must be promised, or declare, usually before a Justice of the Peace, Commissioner of Oaths or solicitor, as a true record. Affidavits may also be a promise   by a third person in support of a case. The court has a model form to use and there is limited opportunity to give a personal account of your evidence in court. More evidence is provided by affidavit. This allows a case to run more quickly and efficiently as all parties know what evidence is before the Court.

Why are affidavits important? :-

The facts which you depend on your case can be introduced by affidavits, i.e the evidence of the case. Oral evidence is only allowed with the Judge's authorization so you need to produce your affidavits carefully.

When do you file an affidavit? :-

With an interim application, it is needed to file an affidavit with the court or otherwise when directed by the court. The court has affidavit kits for applicants and respondents which include a blank affidavit form.

We need to file an affidavit with your application or response in the Federal Magistrates Court for both interim and final orders, and when directed by the Court. The FederalMagistrates Court has a blank affidavit form which it can be used by applicants and respondents.

We should use the form that is applicable to the Court handling your matter.

What can you say in an affidavit? :-

The statement of facts is called the affidavit. So the statement should make observations without colour or comments. Generally the affidavit should not set out the judgement of the person making the affidavit. The length of affidavits depends on the complexity of the case. The affidavit need not to be lengthy, but can’t leave out any relevant information as you may not get a chance to add it in later.

Can you prepare your own affidavit? :-

It is possible to prepare an affidavit by a person him/her self if he required. But it is not easy. The following steps should consider for preparing affidavits:-

1. Insert a case caption and title your statement.

2. Write the state and county, and identify the affiant.

3. Include relevant personal information.

4. Write a statement of truth and spell out the oath.

5. State the facts in a numbered list.

6. Create a signature block for the affiant and another for a court clerk or notary.

Take a legal expertise is the more convenient way to preparea proper affidavit.

What does an affidavit look like? :-

The affidavit should be printed or typed only one side of the paper. The content should be divided as numbered paragraph. The content is divided into different sections under the headlines is more perfect method to write an affidavit.

What should not be included in an affidavit? :-

Affidavits prepared based on facts, does not depends on the person’s belief or views. The exception is where the person is giving evidence as an expert; for example, a psychologist or licensed valuer. Where you should avoid referring to facts that are based on information received from others. There are, however, a number of exceptions to the hearsay rule.  If you need to rely on hearsay evidence in your affidavit, get legal advice to see whether it would be allowed in court. You should not refer to anything said or documents produced in connection with an attempt to negotiate a settlement of your dispute, as these are not admissible as evidence in Court.

How can attach documents to an affidavit? :-

Regularly an affidavit refers to other documents and it is helpful to attach a document to the affidavit. The document is then known as an Annexure. Give number to each page of the document and if more than one document is attached refer to each by numbers. Each Annexure must have a statement signed by the authorised person recognize the Annexure as the document referred to in the affidavit.

The person who is preparing the affidavit needs to sign the bottom of each page of the affidavit in the presence of an authorised person such as a lawyer or Justice of the Peace.

On the last page of the affidavit the following details must be set out:-

• The full name of the person making the affidavit, and their signature
• The day and place the person signs the affidavit
• The full name and occupation of the authorised person, and their signature.

Connect with Licit for knowing more about affidavits. For online legal consultation from the best lawyer regarding preparing an affidavit, visit the biggest online legal solution www.licit.ooo or can download the app https://goo.gl/L8GeYk

GST and Lawyers!!!

What is GST?

First, we need to know what is GST. GST is an indirect tax reform. GST try to remove tax barriers between states and makes into a single market. The motive of the bill is to bring one single tax on supply of goods and services, from the manufacturing stage until its delivery to the final consumer. The final consumer of the goods and/or services will only have to carry the GST charged by the final dealer in the supply chain, and avail set-off benefits at all the preceding stages. This means interim tax stages such as excise duties and service tax and state levies like VAT will be absorbed under the GST.

How GST Affecting Lawyers?

Exempt Services:-

A person, including a business entity with a turnover up to twenty lakes in preceding financial year by an individual advocates or firm who provide services or agreed to provide services will continue to be service tax free under the new goods and service tax regime. Both direct and indirect legal services are not taxable.

Senior Advocate providing service to Person and business entities with turnover less than twenty lakes is exempted from service tax. But the service provided by a senior advocate to an Advocate firm or Advocates is not exempted.

The services provided by an arbitral tribunal to any business entity whose turnover is less than twenty leaks are also not taxable.  

Taxable Services:-

            

The individual advocates who provide services to a business entity with a turnover more than 20 Lakh in preceding a fiscal year or legal services provided by a partnership firm of advocates are applicable for tax.  

  

The senior advocate who is providing legal services to a Business entity with a turnover more than twenty lakh rupees in preceding fiscal year. Tax is applicable to Senior advocates who provide legal service to another advocate or partnership firm of advocates providing legal services.

Registration Criteria:-

If an advocate has an aggregate turnover in a financial year exceeds twenty lakh rupees, then as per section 22 he shall be liable to be registered under the Act in the State or Union territory (other than special category states) from where he makes a taxable supply of goods or services or both. Exempt Supplies is also included in the word aggregate. On becoming registered person, by virtue of section 9(4) they will be required to pay tax under RCM ongoods or services procured from unregistered persons.

If you required more assistance on GST connect with Licit. For online legal consultants from the best lawyer visit the biggest online legal solution www.licit.ooo or can download the app https://goo.gl/L8GeYk

Security of Indian Women Deserted Abroad!!!

The Indian ministry of external affairs receives a lot of complaints from Indian women deserted or subjected to distress by their husbands abroad. But the inefficiency of Redressal system and loyalty to social norms are reasons for every complaint are not coming in to light. The majority of women & their Children keep silence towards their struggles.

An Indian citizen who lives in abroad can file consular grievances through an e portal MADAD (Help) to address such complaints immediately with a high degree of responsibility.

Sushama swaraj launched the portal at the MEA headquarters and said that the portal seeks to significantly reform the linear process adopted to post grievances from the originator of the grievance to the concerned Embassy or Consulate of India abroad and cut down the time required for grievances to be sent from Delhi to the Missions abroad and to get them to take necessary actions. The importance of MADAD is fast forwarding of complaints, improve tracking and handling redressal and escalate unresolved cases.

After registering the complaints in the portal, his/her complaint should be kept online. The responsibility of griminess is providing to particular authorities through a color coded dashboard that would change colour if the response is not given in a stipulated time. 

There is a plan for linking the call centre to the ministry of Overseas Indian Affairs and currently working on a mobile application to let people use the system on the go. 

MEA’s grievance redressal portal receives more than 300 complaints relating to marital distress and desertion from Indian women in abroad within 7 months. That is an average of 1.7 complaints per day.

What should check before marrying an NRI? :-

• Check boy’s marital and employment status, employer’s address, type of visa and eligibility to take spouse along. 
• Find out his financial status, properties owned in India, home address and family background.
• Have regular interactions with him and his family before getting married.
• Maintain proof of marriage and a bank account exclusively in your name.
• Know laws of foreign country and your rights there.
• Don’t take a hasty decision on marriage or be lured by boy’s green card.
• Avoid negotiating your daughter’s marriage through a bureau, agent or middle man.
• Never agree to the wedding taking place outside India.
• Turn down demands for dowry or other unreasonable demands.

Types of complaints from Indian girl who married to a NRI:-

• Desertion by NRI husbands
• Loss of communication with spouse after he goes abroad
• Harassment and ill treatment
• Request for assistance in serving judicial summons for court cases in India.
• Assistance in obtaining maintenance and child support and child custody issues.
• Request for revoking and impounding passport of the spouse.

The problem is mainly related to Indian women who get confined in misleading matrimony with overseas Indians. They also disregard the things going wrong in an NRI marriage. The woman’s possibility for justice is greatly constrained and complex. In a fake NRI marriage the women are being outlaying far away from home and facing lack of proper information about the localcriminal justice, language constrains, communication problems, and lack of knowledge about police and legal system. The problem is huge and it includes the issues like dowry and various other types of persecution of married women in foreign countries, marriages of convenience, concealment of earlier existing marriage by the husband before marrying an Indian woman.

                           

How to complain against such issues:-

• All Indian embassies will receive complaints
• Local authorities in respective countries can be approached
• The portal for external affairs ministry’s MADAD is http://www.madad.gov.in/
• NCW’s NRI cell http://ncw.nic.in/frmNRIcell.aspx  is take complaints. 

Connect with Licit for knowing more about NRI marriage rules and supporting laws. For online legal consultation from the best lawyer, visit the biggest online legal solution www.licit.ooo or can download the app  https://goo.gl/L8GeYk

Motor Vehicle Act in India & The must know rights of citizens

India is a country with the second largest road networks and accounts for 10% of worldwide road fatalities. Traffic regulation laws are provided under the Motor Vehicles Act, 1988. This act passed by the Parliament of India which came into force from July 1, 1989. This act is applicable to whole of India.

Road safety belongs to the state. The regulation of the Motor Vehicles Act, 1988 is under the transport Department and the transport department is one of the largest revenue earning departments. The previously mentioned Act provides in detail the legislative provisions regarding the licensing of drivers/conductors, control of motor vehicles through permits, registration of motor vehicles, traffic regulation, insurance, liability, offences and penalties, special provisions relating to state transport undertakings, etc. The Government of India made the Central Motor Vehicles Rules 1989 for exercising the legislative provisions of the Act. In addition, there are Rules of Road Regulations, 1989. The aforesaid Transport Department works with two of the concerned authorities, under Section 68 of the Motor Vehicles Act, 1988.

Law relating to Registration of Vehicle:-

• Mandatory Registration: Under the motor vehicle act 1988, section 39, it forbids driving of any motor vehicle or any vehicle, which is not registered or no owner of the vehicle should permit driving of an unregistered vehicle in a public place which is not registered under the provision of the MV Act.
• Jurisdiction for Application: Registration of the vehicle is done by the concerned authority on the basis of place with which the vehicle normally kept.
• Application for Jointly owned Vehicle: Registration of vehicle can be applied by one of the owners. If the vehicle kept in one state and it kept in another state for more than 12 months, then the owner of such vehicle has to proceed towards the registration authority for assignment of a new registration mark within whose jurisdiction the vehicle is.
• Change of Address: In the case of a change of address, the owner of the vehicle is needed to advance towards the authority within 30 days in whose jurisdiction he has shifted for recording the change of address.

Law relating to Driving License:-

·         Effective Driving License: According to Section 3 of the Central Motor Vehicle Act, 1988, nobody can drive at any public place until he holds an effective driving license issued to him authorizing him to drive the vehicle.

·         Age Limit for obtaining the driving license: 18 is the age limit for getting a driving licence. A person under age of 18 years is not supposed to get his driving licence. But a motor vehicle of engine capacity not exceeding 50cc can be driven under the age of 16 years. A person under age of 20 years shall not drive a transport vehicle.  

·         Learner’s License: The Learner’s license means a license provide by a competent authority to drive as a learner or a motor vehicle stated under a special class or description. The validity period of the learner’s license is 6 months. Learner’s license for heavy vehicle cannot be given unless he drives a light motor vehicle for past one year.

·         Power to Revoke License: In the case of a medically unfit person, licensing authority has power to revoke the license. The licensing authorities automatically do the suspension of the license of a person who has caused death or grievous hurt of one or more persons. The person should not suffer from any disability. The Registering authority has power to cancel the registration of the vehicle that is lost, destroyed or has been permanently rendered incapable for use. If the engine number or chassis number differs from RC, then also registering authority can cancel the registration.

·         Conditions under which Licensing Authority can revoke a License :

o   A person under the age of 18 years who has been granted the learner’s license is at present not under the care of such guardian.

o   Any fraud or misrepresentation in obtaining the DL

o   Driving to cause danger to public on the basis of previous conduct

o   Drunkard

o   Addicted to Narcotic Drugs and Psychotropic substances

o   Has used or is using a motor vehicle in the commissioning of offence

• Duty to Produce License and Certificate of Registration: The driver of any motor vehicle has a duty to produce licence and certificate of registration for examination by authorities in uniform. The person also has the duty to stop the vehicle if it involved in any accident.

Other rules all should be aware about:-

• Keep left on two-lane road.
• Slow down at pedestrian crossings.
• Wear helmet foe two wheeler drivers.
• Do not park at or near to any road crossing and parking prohibited areas.
• The registration mark on the vehicle should be visible, legible and clear all the times.   
• Do not cross the yellow line even while you are overtaking that divide the road.
• Do not cross the stop line.
• Use the horn when it is necessary and does not use at any silence zone area.
•  Divers of tractors and any goods vehicle are not allowed to carry passengers.

What all documents need to carry on vehicle while driving:-

·         Driving licence

·         Certificate of registration

·         Certificate of insurance

·         Emission test certificate

·         In case of transport vehicle: certificates of fitness and all necessary permits

Does the traffic police in India have right to take vehicle keys?

            No, it doesn’t mentioned anywhere in law that the police can pull the key of vehicles.

·         The vehicle shall be stopped cleaning only on the basis of a visible traffic offence.

·         The officer shall walk near to the vehicle and explain the reason for his vehicle has been stopped.

·         The officer can make demand for producing driving licence and other documents in a polite manner. It is the duty of the driver to keep driving licence and other documents with him while driving and produce to officer in uniform when ask for to do so. In case of failure to produce the driving licence, insurance, the registration certificate etc. the driver shall be challenged under the assumption that the said document does not exist.

·         If the driver tries to influence or frighten the officer in any manner for avoiding challenging, he can • record the same on the reverse of the original Challan form and inform the Control Room where an entry shall be made in the log book.

·         If the driver uses abusive language and uses or threatens to use physical violence, the officer can take legal action against him.

But in conclusion, if you are trying to run away, then the officer can pull out your vehicle key as primary action.

There’s a lot of misunderstandings regarding the power of traffic police. If you are a driver of two wheeler or four wheeler vehicle, you can be stopped by traffic police while you might not know what to do about it.

Connect with Licit to know more about traffic rules and your rights. For online legal consultation from the best lawyers regarding your traffic rights visit the biggest online legal solution www.licit.ooo or can download the app  https://goo.gl/L8GeYk

  

Bit Coin in India; Legal or Illegal !!!

Bitcoin is in the news for a lot of reasons these days. A form of digital currency, created and supported electronically is named as BitCoin. Bitcoins are not a printed form of currency; they’re produced by people, and increasingly businesses, running computers all around the world, using software that solves mathematical problems. Bitcoin is a cryptocurrency system invented by an unknown programmer or a group of programmer’s. It was released by an unknown programmer under the name of Satoshi Nakamoto as open source software.

This system is peer to peer and transactions take place with users directly, without any intermediary. These transactions are confirmed by network nodes and recorded in a public distributed ledger called a block chain. The system works without a central repository or single administrator. Because of this, bitcoin is called as the first decentralized digital currency.

As of February 2015, over 100,000 merchants and vendors agree to receive bitcoin as payment. According to a research created by Cambridge University in 2017, there are 2.9 to 5.8 million individual users using a cryptocurrency wallet, most of them using bitcoin.

Bitcoin is acquiring 300 percent increase in its value within one year. It could be the kind of investment you may be looking for. However, in animosity of all the curiosity, many of us have wondered if it is safe to accept, store and sell bitcoins in India.

Bitcoins can’t be minted like paper currencies.  They can only be mined. There are 21 million bitcoins been created and only 16.8 million or 80 percent of all bitcoins have been mined.

How to buy Bitcoins:-

You can use various digital currency exchanges to buy bitcoin. Credit card can be used for purchase of bitcoins. In India, you can purchase Bitcoin from Zebpay exchange. Zebpay has Android and iPhone app which lets you link your bank account for quick transfers.

Buying Bitcoins can be made by making a payment to Zebpay's bank account. And can also withdraw the money to your bank account, and can track the data on Bitcoin valuation in the country.

Legality of Bitcoins in India:-

Bitcoin accepting, selling, trading or mining is not illegal by any existing law in India, however, it is not yet officially recognized in India. The Reserve bank of India or the RBI, had earlier cautioned users, holders and traders of Virtualcurrencies (VCs), including Bitcoins.

The central bank had declared that the trading or usages of virtual currency, including bitcoins are not approved by any central bank or monetary authority. It can’t be used as medium for payment.

RBI Deputy Governor R Gandhi warned against crypto-currencies such as Bitcoin. He informed as the Bitcoins possess potential financial, legal, customer protection and security-related risks. Payments by Bitcoins are on peer –to- peer basis and there is no established framework for recourse to customer problems, disputes, etc. There is no legal status for Bitcoins.

At the same time Bitcoins are not banned in the country by the central bank.  But not authorised by the central bank of India.

For online legal consultancies from the best lawyer to know more about Bitcoins and its legality visit the biggest online legal solution www.licit.ooo or can download the app https://goo.gl/L8GeYk  

Notary Service in India !!!

Notary or Notary Public is a person assigned by the Central Government or State Government under the Notaries Act, 1952. Notary or Notary Public is authorised to carry out certain legal formalities or activities. This would include drafting and validating contracts, deeds and other such legal documents. The foremost role of a Notary Public is to act as an unbiased witness while discharging fraud deterrent activities related to legaldocuments. This particular act is usually referred to as notarization.

                                   

Functions of Notary Public in India:-

Duties of a Notary public are commanded by the Notaries Act,1952, and they are:-

Certify, attest or authenticate any instrument

• Instrument certification, attesting or authenticating instrument.
• Translate the legal documents from one language to another and verify such documents
• To perform the function of an arbitrator, counsellor or mediator
• To record proof/evidence in criminal or civil trials and to act as commissioner if so directed

Significance Of Notarization:-

Rule 12 of the Notary Rules, 1956 advice that every notary shall use a plain circular seal of a diameter of 5 c.m. contains his name, the registration number, expiry date and the circumscription ‘NOTARY’, the jurisdictional area in which he has been appointed to exercise his functions, and also the name of the Government which appointed him.

The Notarial seal implies the seal of verification. It means that the facts mentioned and the signatures on the document are indeed authentic. It validates the fact that the identities of the people signing the document have been verified. It helps prevent fake documents.

If a Notary seal present in a document for any legal proceeding, it will act as confirmation for the courts that the signatures were placed by a genuine person and not forged or fabricated. It also proves that the individual was not forced into signing it. As one of the many functions of a Notary Public is to witness the notarization renders a document authentic, the document being signed, true and voluntarily drafted in many senses.

Consequences Of Not Notarizing A Document:-

No need to notarise all legal documents, but some documents should be notarised and it is mandatory. For those documents the lack of motorization can lead to the document being declared legally unenforceable or invalid. The consequences relating to notarisation vary from state to state in India. But if you do not notarize a document, its legally validity and authenticity will be doubtful.

Verify Notary public:-

Even if the Job of Notary Public is to verify the person who is getting the document notarized, there have been occasions where fake Notary Public was found to be using a fake notary seal. It has become necessary to confirm the Notary Public it. You should ensure that seal with the registration number of Notary Person is present on all documents.

 Get A Document Notarised through Licit:-  

 E-Stamp Paper (Service Charges: Stamp Duty Amt. Rs. 1 TO 100 = Rs. 10/-, Rs. 101            TO 5000 = Rs. 20/-, Above Rs. 5000 = NIL) 

Get E-stamp paper (Stamp Duty Cost + Rs 75 delivery charges) Minimum Rs.20, Enter    First Party Name, Enter Second Party Name, Enter E-Stamp Description (Affidavit / Agreement / MoU / Contract)

All your legal documentation requirements can be met with Licit. For online legal consultancies from the best lawyer and for notarising visit the biggest online legal solution www.licit.ooo or can download the app https://goo.gl/L8GeYk