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Law Explainer: Transfer of property to Beneficiaries under a Will or inherited under Succession laws

This write up addresses questions as to, (1) How beneficiaries under a Will, will get title to the property they have obtained under the Will; (2) In cases where there is No will, and properties devolve upon legal heirs under respective succession laws, how legal heirs can perfect their title to the property; (3) Who will transfer property to beneficiaries under the Will or to Legal heirs who have succeeded such properties; (4) What would be the nature of transfer Instrument, (5) What would be the stamp duty payable on any such transfer Instrument; and of course the Registration to complete title. This write up only talks for Immovable properties and not Movable properties, like shares and securities, moneys lying in banks, FDs, and so on. There are two ways a person succeed to Immovable property, (1) either under the applicable succession law, like we have Hindu succession Act, or (2) under the Will. In cases where there is no Will, legal heirs acquire right, title and interest ...
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Arbitration: End-to-End

Hi, I am documenting a credible resource for Arbitration matters, that includes: (a) check list before filing of St. of Claim, or section 9 or 11 Applications, S.34 or 37 Appeal, either by the Judgment debtor or by the Claimant, check list before passing of Award; (b) compilation of latest rulings on almost all important issues that arises in Arb. Proc. (c) Templates of Statement of Claims. (d) Templates of oral and written arguments. (e) Nature of legal proceeding. (f) Draft Rules for the conduct of Arbitration, that may be adopted by any Trade Association or by any other Entity / person, including by Advocates.   May Explore: Check list: https://www.litigationplatform.com/Judgment/Index/54ed92df-1ed1-483f-8792-1f76cb98b278 Rulings: https://www.litigationplatform.com/Judgment/Index/766cd7c2-1157-4bc0-ab3a-908f77a88a68 Templates of Statement of Claim: https://www.litigationplatform.com/Judgment/Index/a233ae51-d92b-4f9c-864e-b21f55a5896d   Proced...
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Bail matters are inherently different from other Legal Cases

  It is said that Bail is Rule and Jail is an exception in Bail Cases. In a Society, which we do call it civilized, a Jail reduces a human being to animal. Jailing is akin to chaining human, where inherent human dignity is imminently lost.  A Justice, Judge or a Magistrate, being a reflection of superior human being, must deemed to stand for personal liberty, and can never argue for chaining a fellow human, unless it is vehemently shown that fellow human has acquired an Animal instinct of grave danger.  Therefore, in Bail matters, where limited issue is of personal liberty, a Judge indisputably stands for personal liberty. Therefore, Bail matters are inherently different from other Legal Cases. In other Legal Cases, the Judges, dispassionately, may be deciding rights of the parties. But in Bail matters, Judges stand for Personal liberty; and therefore in Bail Cases, Judges have to “argue” passionately, Impugning Prosecution, in favour of personal liberty, unless a...
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Discovery of Truth of the Matter, thru Interrogatories, Section 165 of Indian Evidence Act, etc.

In a Case before it, the Hon’ble Apex Court had the occasion to reiterate that: “Truth is the foundation of Justice. The entire judicial system has been created only to discern and find out the real truth. Judges at all levels have to seriously engage themselves in the journey of discovering the truth. That is their mandate, obligation and bounden duty”. (AIR 2012 SC 1727) Notwithstanding, holy pronouncements such as above, Parties to the litigation play tricks, invent false and fabricated Cause of action, makes evasive and ambiguous replies, distort and suppress facts and documents that are prejudicial to their Case. Nevertheless, the Law has answer to every trick. The Civil Procedure Code, that is, the CPC, provides a fascinating tool to discover the Truth of the matter. The CPC, under Order XI, provides for Discovery of “Truth” by production of documents and Discovery by putting up Interrogatories. Discovery means the act of revealing or disclosing any matter by a Defendant in his a...
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Draft Arbitration Clause

The Parties to the Contract may consider incorporating the following Arbitration Clause, in their Invoices / Purchase Orders / MoUs / any other Agreements / Contracts   Draft Arbitration Clause   Disputes or differences that may arise between the parties, arising under this transaction/ Contract, shall be resolved through the means of Arbitration, at “(Place / Mumbai”).   The Arbitration Clause may further provide for the following:   1.      The Arbitration shall be by Sole Arbitrator / by Arbitral Tribunal consisting of three Members. Each party shall appoint One Arbitrator and thereafter, these two Arbitrators shall appoint the third Arbitrator.   2.      The Arbitration shall be done by “Name of the Arbitral Institution”.   3.      Notice: All communication / correspondence / Notices shall be sent through Email. Any of the party, in addition to Email, may also communicate through Whatsa...
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Blatant misuse Section 8 of Maharashtra Rent Control Act, 1999, to fix Standard Rent

    1.       Recently, I have come across a Case of my Cousin, where Landlord has filed a Section 8 Application under Maharashtra Rent Control Act, 1999, calling upon the Court to fix Standard Rent (essentially seeking huge increase in Rent), on the grounds that Suit premises is situate in prime commercial area and Rent has increased phenomenally in the immediate vicinity of Suit premises. 2.      And  I am told that Landlord is filing many such Applications against his tenants, and the  Small Causes Courts are entertaining such Applications, and are happily granting Reliefs to the Landlords; and Tenants are compelled to pay sky rocketing increased Rent, and that too, under the umbrella of Rent Control Legislation.   3.      And therefore, I dwelled upon the Maharashtra Rent Control Act, 1999, and looked thru the history of Rent Control Legislations in India, and in particularly, the history of...
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