tag:blogger.com,1999:blog-44196257653402213112024-03-14T03:37:29.434+05:30Kerala Law .com - Legal Literacy Online, KeralaKerala Law portal hosted by Mathew Associates, Calicut.
(content editor: Advocate K.M.Mathew, Kottuppallil) Visit us at www.KeralaLaw.com or kmmathew.comMathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.comBlogger22125tag:blogger.com,1999:blog-4419625765340221311.post-81956438405584838932013-09-16T01:57:00.001+05:302013-09-16T01:59:22.544+05:30Contact details for legal consultation<div dir="ltr" style="text-align: left;" trbidi="on">
Mathew Associates,<br />
Eranhipalam PO,<br />
Opposite Maradu special court<br />
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Calicut, Kerala<br />
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adv_mathew@yahoo.com<br />
9447062380<br />
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Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com1tag:blogger.com,1999:blog-4419625765340221311.post-61396071145968228732010-02-13T03:20:00.002+05:302010-02-13T03:31:48.093+05:30Laws Relating to Guardianship in India<span style="font-size: small;"></span><span style="font-size: small;"></span><br />
<div align="center" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"><b></b></span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"><span style="font-size: large;"><b><i>Guardianship</i> </b></span> is a legal process that transfers decision-making authority over an individual (a <i>ward</i>) deemed incapable of managing his or her personal or financial affairs to another person (the <i>guardian</i>). Guardians may be appointed for both minors and adults.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">Modern guardianship has its roots in English common law, a legal system which England then transported to its colonies. Under English common law, the doctrine of <i>parens patriae</i> (parent of the country) allowed the courts to assume control of and appoint guardians for <i>infants</i> (minors) and <i>incompetents</i> (incapacitated adults). While the details and terminology vary, guardianship is found not only in the United Kingdom, but also in the United States, Canada, and Australia. In addition, guardianship has been adopted in other countries, such as Japan, whose legal systems are not generally based on the law of England.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">In the United States today, state law controls the appointment of guardians, and guardians are appointed by state courts. Because each state is free to enact its own laws, state guardianship laws vary, even on basic terminology. Under the Uniform Guardianship and Protective Proceedings Act, a model act in effect in about one-third of the states, a guardian makes personal-care decisions, while a <i>conservator</i> manages property. But in many other states, the court-appointed manager is referred to as either a <i> guardian of the person</i> or a <i>guardian of the property.</i></span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"> </span><span style="font-size: small;"><br />
</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: large;"><b>Laws in India:</b></span></div><div align="justify" style="font-family: Verdana,sans-serif;"><br />
</div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"><b><u>The Hindu Minority and Guardianship Act, 1956: </u></b></span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">The law relating to minors and guardianship amoung Hinds (in India) is The Hindu Minority and Guardianship Act, 1956 . A “Minor” is one who has not completed 18 years of age . A guardian is one who has the care of the person or the property of a minor or of both his person and property. There are four categories of guardians viz., the natural guardian, testamentary guardian appointed by and under a will of the minor' s father or mother, a guardian appointed or declared by a court, and a person empowered to act as guardian by or under any enactment relating to court of wards.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">If the minor is a boy or an unmarried girl, the father and in his absence the mother is the natural guardian. In the case of illegitimate children, however, the natural guardian is the mother and after her, the father. </span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">The natural guardian of a Hindu minor has power, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">The natural guardian shall not, without the previous permission of the court ( District Court) alienate the property of a minor in any manner. Any disposal of immovable property by a natural guardian, with out court order is voidable at the instance of the minor or any person claiming under him.</span></div><div style="font-family: Verdana,sans-serif;"><br />
</div><div style="font-family: Verdana,sans-serif;"><span style="font-size: small;"><b><u>Law of Guardianship for Christians in India</u></b><u>: </u></span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"> In matters relating to guardianship of minors Christians in India are governed by the <b>Guardians and Wards Act</b> (Central Act No 8 of 1890) The law relating to guardianship is of great significance while dealing with and entering into any transaction concerning the property of a minor. The principal District Court with in whose jurisdiction the minor ordinarily resides is the only Authority competent to pass orders in matters pertaining to the person and property of a minor. While minors are competent to own property, law insists that the property owned by minors can be alienated ( sold, mortgaged etc) only with the permission of the concerned Principal District Court.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><br />
</div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"><b><u>Guardian ship of mentally ill persons: </u></b></span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">Guardianship of the person and property of mentally ill person in India is governed by the provisions of Mental Health Act 1987.Before appointing a guardian for the mentally ill person the District Court with in whose jurisdiction the alleged mentally ill person resides has to arrive at a finding that such mentally ill person is incapable of taking care of himself and managing his property. Once such a finding is recorded District Court has to appoint a guardian to take care of the person of the mentally ill person and also a manager for the management of his property.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">The manager shall not mortgage, create any charge on, or , transfer by sale, gift, exchange or otherwise, any immoveable property of the mentally ill person or lease out any such property for a period exceeding five years, unless he obtains the permission of the District Court in that behalf. </span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">The District Court may, on an application made by the manager, grant him permission to mortgage,. create a charge on, or, transfer by sale, gift, exchange or otherwise, any immoveable property of the mentally ill person or to lease out any such property for a period exceeding five years, subject to such conditions or restrictions as that Court may think fit to impose.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">The District Court shall cause notice of every application for permission to be served on any relative or friend of the mentally ill person and after considering objections, if any, received from the relative or friend and after making such inquiries as it may deem necessary, grant or refuse permission having regard to the interests of the mentally ill person. </span></div><div align="justify" style="font-family: Verdana,sans-serif;"><br />
</div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"><b>Guardianship of Persons with Autism, Cerebral Palsy,</b></span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;"><b> Mental Retardation and Multiple Disabilities:</b> </span></div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">‘The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999” was enacted by Indian Parliament to look after the welfare of persons suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.</span></div><div align="justify" style="font-family: Verdana,sans-serif;"><br />
</div><div align="justify" style="font-family: Verdana,sans-serif;"><span style="font-size: small;">Local Level Committee formed in each District is the Authority for appointment of a guardian of a person with disability. A registered organization can also make such an application with consent of the natural guardian of the disabled person. The Local Level Committee will examine whether the person with disability needs a guardian and for what purpose and also lay down the duties of the guardian. The guardian will be responsible for the maintenance of the person with disability. The guardian will also submit to the Local Level Committee inventory and annual accounts of the property and assets, claims and liabilities in respect of such person with disability. A guardian so appointed can be removed for negligence or for misappropriating the property of the person with disability.</span></div>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com1tag:blogger.com,1999:blog-4419625765340221311.post-76610392456709238372009-11-06T11:51:00.001+05:302009-11-06T11:53:57.837+05:30Maintenance & Welfare of Parents & Senior Citizens Act, 2007( Central Act 56 of 2007)<div style="margin: 1ex;"> <div> <p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >Maintenance & Welfare of Parents & Senior Citizens Act, 2007( Central Act 56 of 2007)</span></p> <p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" > ==============================<wbr>========</span></p> <p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >Central Act 56 of 2007 was implemented in the State of Kerala with effect from 29.08.2009 ‘Kerala Maintenance and Welfare of Parents and Senior Citizens Rules 2009’ also was promulgated on 29.08.2009.</span></p> <p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >Revenue Divisional Officers (RDO) are appointed as presiding officers of Maintenance Tribunal under the Act for each Sub-division. District Collectors are appointed as presiding officers of Appellate Tribunal for each District. District Welfare Officers are designated as Maintenance Officers for each District. Panel of Conciliation Officers as contemplated under Section (6)6 of the Act is yet to be prepared and published. </span></p> <p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >Section 4 of Act provides that a senior citizen or parent unable to maintain himself/herself may make an application for maintenance to the Maintenance Tribunal. Such applications are to be filed in the case of parent or grand parent against one or more of his children and in the case of child less senior citizen against the relative who under law would inherit his property. The application is to be filed in form No. ‘A’ appended to the Rules. The Tribunal may also initiate proceedings for maintenance suo moto. On receipt of the application the same has be referred to Conciliation Officer who has to hold meetings with the two parties. With in one month of receipt of the reference the Conciliation officer shall return the papers received by him with report of settlement formula if any arrived by him or with a report of the steps taken by him for a settlement.</span></p> <p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >If the Conciliation Officers reports settlement the Tribunal shall pass a final order in termsof the settlement. If no settlement is reported the Tribunal has to pass an order for maintenance making in to consideration the following aspects :</span></p> <ul><ol type="a"><li><span style=";font-family:Times New Roman;font-size:100%;" >Amount needed by the applicant to meet his basic needs,</span></li></ol></ul> <p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" > specially food, clothing, accommodation, and health care;</span></p> <ul><ol start="2" type="a"><li><span style=";font-family:Times New Roman;font-size:100%;" >Income of the opposite party;]</span></li><li><span style=";font-family:Times New Roman;font-size:100%;" >Value of and actual and potential income from the property, if any, of the applicant which the opposite party would inherit and/or is in possession of .</span></li></ol></ul> <ul><p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >The maximum amount that the opposite party may be ordered to pay is presently fixed as Rs 10,000/- ( Rupees ten thousand only)</span></p></ul> <ul><p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >Provisions are also there for preferring appeal against the orders passed by the Tribunal.</span></p></ul> <ul><p align="justify"><span style=";font-family:Times New Roman;font-size:100%;" >There is also bar for Lawyers for appearing for or against any of the parties before the Tribunal.</span></p></ul> <p> <wbr> <span style=";font-family:Times New Roman;font-size:100%;" >==================</span><br /><br /></p> </div> </div>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com5tag:blogger.com,1999:blog-4419625765340221311.post-41723700313516415492009-10-30T01:01:00.002+05:302009-10-30T01:05:02.704+05:30Power-of-Attorney For Registration Documents<p align="center"><span style="font-family:Times New Roman;font-size:100%;"><u>Power-of-Attorney For Registration Documents </u></span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;"> Section 32 of the Indian Registration Act requires that documents meant for registration are to be presented for the said purpose at the proper registration office. Documents are some times executed and signed by the power-of-attorney agents of the concerned principals and the same power-of-attorney agents present such documents for registration. On the other hand law permits a person to execute and sign documents personally and delegate an agent for presenting such documents for registration. In the first instance execution and registration of the document are by the same person – the duly authorized agent. In the second case, execution of documents is by the author of the document personally but the registration process is completed by an agent. In both cases authority is to be delegated by a duly executed power-of-attorney. </span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Now the question arose whether power-of-attorneys issued for the purpose of executing and registering documents are to be registered compulsorily. The Hon. Supreme Court of India in the judgment delivered in C A No.xxxx/2004 ( Rajni T Vs Dulal R G) decided on 29<sup>th</sup> July 2009 has finally resolved the said issue.</span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Hon. Supreme Court has made a distinction between the Power-of-attorney meant for <span style="font-weight: bold;">execution and registration of documents</span> and the power-of-attorney meant only for registration of documents already executed and signed by its maker and has made it clear that power-of-attorneys of the first category need not compulsorily be registered while power-of-attorneys of the second category are to be registered compulsorily. </span><br /></p> <p align="justify"> <span style="font-family:Times New Roman;font-size:100%;">******<wbr>*****************</span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com1tag:blogger.com,1999:blog-4419625765340221311.post-15180346175536978912009-10-30T00:58:00.001+05:302009-10-30T01:00:42.217+05:30Plea of Cruelty in Matrimonial Cases<p align="justify"> <span style="font-family:Times New Roman;font-size:100%;"> <u>Plea of Cruelty in Matrimonial Cases .</u></span><br /></p> <ul><p align="justify"> <span style="font-family:Times New Roman;font-size:100%;"><i>…unsubstantiated allegations of unchaste and adulterous behaviour by a husband against the wife in the Indian context do amount to matrimonial cruelty”</i></span><br /></p></ul> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">An India lady (wife) working abroad* approached Family Court in India seeking dissolution of marriage with her husband who also is in the same country*. The parties had contracted marriage in India according to Christian Rites.</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Wife had made specific allegations of infliction of physical cruelty consequent to allegations of unchaste and adulterous behaviour. The wife alleged that the husband was making reckless allegations of pre-marital licentious behaviour and post marital adulterous and unchaste behaviour. The wife had been compelled and driven to courts in Switzerland to seek separation and police protection to save herself from the matrimonial cruelty allegedly heaped on her by her husband. Finally the wife approached Family Court in India seeking dissolution of marriage. </span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Husband also entered appearance before the family court opposing dissolution of marriage but at the same time repeating the allegations against the wife. However the husband could not substantiate his allegations before the Family Court. Even in Court the husband continued to make assertions of such licentious behaviour pre-marital and post-marital on the part of the wife ; but he did not even attempt to substantiate those allegations before court. </span></p> <span style="font-family:Times New Roman;font-size:100%;">Family Court came to the conclusion that except the vague allegations of the husband there was absolutely nothing even to indicate, suggest or probabilise such allegations of improper marital conduct and behaviour on the part of the wife. The view taken by the Court was that <i>unsubstantiated allegations of unchaste and adulterous behaviour by a husband against the wife in the Indian context do amount to matrimonial cruelty </i> and dissolution of marriage under S.10 of the Indian Divorce Act was allowed.. The view taken by the Family Court was confirmed by the Hon.High Court of Kerala also. Cfr., 2009 (3) KLT 786.</span>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-63227277243014483512009-03-29T22:43:00.000+05:302009-03-29T22:48:54.076+05:30The Kerala Law Reforms Commission<p align="center"><span style="font-family:Times New Roman;font-size:100%;"><u>The Kerala Law Reforms Commission</u></span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;"> <br /> The Government of Kerala undertook law reforms as a high priority item on the agenda of the Government and after detailed discussions with eminent persons in this regard the Law Reforms Commission for the State of Kerala was constituted on 26.11.2001.</span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">The following eminent persons were the initial members of the Law Reforms Commission : </span></p> <ul><p><span style="font-family:Times New Roman;font-size:100%;">1. Mr. Justice V.R.Krishna Iyer - Chairman<br /> (Former Judge, Supreme Court)<br /> 'Satgamaya',<br /> M.G.Road, Ernakulam, Kochi-682 011<br /><br />2. Mr.Justice T.V. Ramakrishnan <wbr> - Member<br /> (Former Judge, High Court of Kerala)<br /> 'Anugraha, P.J.Antony Ground Road, Pachalam, Kochi-682 012<br /><br />3. Mr.Justice C.S Rajan, - Member<br /> (Former Judge, High Court of Kerala)<br /> 'CHIT-KOD', House No.40/897,<br /> Ashramam Lane, Azad Road, Kochi - 682 017<br /><br />4. Shri. T.P. Kelu Nambiar <wbr> - Member <br /> (Senior Advocate), <br /> Anamika,Karakkat Road,<br /> Kochi-16<br /><br />5. Shri .Varkala Radha Krihnan. M.P <wbr> - Member<br /> 'Rajendra,Thycadu P.O,<br /> Thiruvananthapuram.<br /><br />6. Dr. Sebastian Paul M.P <wbr> - Member.<br /> 376/D-Moonjappilli House,<br /> St.Francis Xavier Church Road,<br /> Kochi-18<br /><br />7. Dr. N.K.Jaya Kumar, <wbr> -Member (Ex-officio)<br /> (Secretary, Legislative Assembly) <br /><br />8. Sri.P.S.Gopinathan, <wbr> - Member Secretary (Ex-officio)<br /> (Secretary, Law Department)</span></p></ul> <p><span style="font-family:Times New Roman;font-size:100%;">The terms of reference of the Commission were as follows. </span></p> <p><span style="font-family:Times New Roman;font-size:100%;"> a. To rectify defects in the existing Laws.<br /> b. To repeal obsolete or unnecessary enactments.<br /> c. To consolidate, modify and reform the existing Laws.<br /> d. To simplify or modernize the Laws.<br /> e. To adopt new and more effective methods for the administration of the<br /> Law.<br /> f .To systematically develop and reform the law.<br /> g. To provide training to the officers for legislative drafting.<br /> h. To provide training for the legislators in the legislative process. <br /> i. Matters to be implemented jointly by the Legislature, Parliamentary Affairs Department and Law Department regarding Legislation</span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;"> j. Steps to be taken by various Government Departments regarding legislation.<br /> k. Other matters to be considered in the field of legislation in the new world order. </span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;"> l . Other matters referred to the Commission by the Government within its period, regarding Law reforms.</span></p> <span style="font-family:Times New Roman;font-size:100%;">Thirty more members were later on included in the Commission. The Commission submitted its report to the Government on 26.01.2009 . The Report has mixed reactions and some of the proposals have staunch opposition from many quarters .<br /></span>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-35096774300907039612008-11-22T13:36:00.000+05:302008-11-22T13:37:16.206+05:30Estranged Wife Entitled to House<div style="margin: 1ex;"> <div> <ul><p align="center"><span style="font-family:Verdana;font-size:85%;"><b><u>Estranged Wife Entitled to House</u></b></span></p></ul> <ul><p align="justify"><span style="font-family:Times New Roman;font-size:100%;"><u> </u> The Supreme Court India has ruled that husband paying monthly maintenance to cover food, clothing and other expenses of estranged wives now include provision for a house akin to the husband's. A Bench comprising Justices Arijit Pasayat and Mukundakam Sharma, ruling in favour of Komal Amma from Kerala who struggled to find a house for herself after estrangement said, "Maintenance, as we see it, necessarily, must encompass a provision for residence." The bench also added, "Maintenance is given so that the woman can live in the manner, more or less, to which she was accustomed."</span></p></ul> <ul><p align="justify"><span style="font-family:Times New Roman;font-size:100%;">In its significant ruling, the bench said, "The concept of maintenance must, therefore, include provision for food and clothing and the like and take into account the basic need of a roof over the head." This helps estranged wives lead a normal life without feeling the pinch.</span></p></ul> <ul><p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Therefore, if the couple was living in a posh locality, then after estrangement, the husband is bound to give a sum along with maintenance that would enable her to rent a house in a similar locality.</span></p></ul> <p> <span style="font-family:Times New Roman;font-size:100%;"><wbr>*************</span></p> </div> </div>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-49160541057404850702008-11-13T00:08:00.001+05:302008-11-13T00:09:35.534+05:30“Outsourced Pregnancies” (Surrogacy)<span style="font-family:Times New Roman;font-size:130%;"> <u> “Outsourced Pregnancies” </u></span><br /><p align="justify"><span style="font-family:Times New Roman;font-size:100%;"><b>Surrogacy </b> is subject that is widely discussed amoung issue-less couples all over the world. Hon. Supreme Court of India has made certain observations about Surrogacy. Following is an extract from the judgment delivered by his Lordship Dr. Arjith Pasayath of the Supreme court of India very recently.</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;"> “ Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child she will not raise but hand over to a contracted party. She may be the child’s genetic mother (the more traditional form for surrogacy) or she may be, as a gestational carrier, carry the pregnancy to delivery after having been implanted with an embryo. In some cases surrogacy is the only available option for parents who wish to have child that is biologically related to them. The word “surrogate”, from Latin “subrogate”, means ‘appointed to act in the place”. The intended parent(s) is the individual or couple who intends to rear the child after its birth.</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">“ In “traditional surrogacy’ (also known as the Straight method) the surrogate is pregnant with her own biological child, but this child was conceived with the intention of relinquishing the child to be raised by others; by the biological father and possibly his spouse or partner, either male or female. The child may be conceived via home artificial insemination using fresh of frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intracervical insemination )which is performed at a fertility clinic’.</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">“ In “gestational surrogacy” (also known as the Host method) the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother . She may have made an arrangement to relinquish it to the biological mother or father to raise, or to a parent who is themselves unrelated to the child (e. g. because the child was conceived using egg donation, germ donation or is the result of a donated embryo). The surrogate mother may be called the gestational carrier.</span></p><p align="justify"><span style="font-family:Times New Roman;font-size:100%;"> “Altruistic surrogacy” is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses).</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">“Commercial surrogacy” is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and is usually resorted to by well off infertile couples who can afford the cost involved or people who save and borrow in order to complete their dream of being parents. This medical procedure is legal in several countries including India where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions. Commercial surrogacy is sometimes referred to by the emotionally charged and potentially offensive terms “wombs for rent”, “outsourced pregnancies” or “baby farms”.</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">“ Intended parents may arrange a surrogate pregnancy because a woman who intends to parent is infertile in such a way that she cannot carry a pregnancy to term. Examples include a woman who has had a hysterectomy, has a uterine malformation, has had recurrent pregnancy loss or has a health condition that makes it dangerous for her to be pregnant. A female intending parent may also be fertile and healthy, but unwilling to undergo pregnancy.</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">“Alternatively, the intended parent may be a single male or a male homosexual couple.</span><br /></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">“ Surrogates may be relatives, friends, or previous strangers. Many surrogate arrangements are made through agencies that help match up intended parents with women who want to be surrogates for a fee. The agencies often help manage the complex medical and legal aspects involved. Surrogacy arrangements can also be made independently. In compensated surrogacy the amount a surrogate receives varies widely from almost nothing above expenses to over $ 30,000. Careful screening is needed to assure their health as the gestational carrier incurs potential obstetrical risks.” </span><br /></p> <ul><ul><ul><p align="justify"> <span style="font-family:Times New Roman;font-size:100%;">*****************</span></p></ul></ul></ul>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-49312137076609308042008-05-05T22:30:00.001+05:302008-05-05T22:30:46.360+05:30Is There Expiry Date For Stamp Papers ?<p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Documents like Agreement, Sale Deed, Gift Deed, Exchange Deed, Mortgage Deed, Lease Deed etc are to be drawn on Stamp Papers of requisite value as prescribed from time to time and every stamp paper will contain the date of its purchase.</span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Is there any expiry date for stamp papers ? or in other words does law insist that the stamp paper used for preparing a document should be purchased with in any particular time limit ? A division bench of the Hon. Supreme Court of India has ruled on 19<sup>th</sup> February 2008 that the Indian Stamp Act nowhere prescribes any expiry date for use of a stamp paper. The Stamp Act has stipulated that if refund of the value of any unused stamp paper is to be claimed such stamp paper must be surrendered to the concerned authority with in six months from the date of its purchase. That apart, there is no time limit for using the stamp paper after it purchase . According to the Supreme Court “there is no impediment for stamp paper purchased more than six months prior to the proposed date of execution, being used for a document”.( 208 (2) KLT 267) The same dictum is applicable under the Kerala Stamp Act also.</span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com2tag:blogger.com,1999:blog-4419625765340221311.post-8181742545001556492008-05-02T01:51:00.000+05:302008-05-02T01:52:21.836+05:30Can a Divorced Wife Claim Maintenance From Her Ex-Husband ?<span style="font-family:Times New Roman;font-size:100%;">Section 125 of the Code of Criminal Procedure 1973 empowers a magistrate of the first class ( now a Family Court) to order maintenance to wife, children and parents. As per Section 125 (b) a “ wife” includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried.</span><br /><p align="justify"><span style="font-family:Times New Roman;font-size:100%;">Whether a divorced wife is entitled to claim maintenance from her former husband has been</span></p> <p align="justify"><span style="font-family:Times New Roman;font-size:100%;">a subject-matter for judicial decisions by Courts on many occasions. Recently Hon’ble Mr. Justice R. Basant of the Hon. High Court of Kerala in the case <b>Sajeev Kumar Vs. Dhanya</b> has reiterated the earlier judicial stand on the subject in favour of the divorced wife.<b> </b></span><br /></p> <span style="font-family:Times New Roman;font-size:100%;">In the case of Sajeevkumar his wife had ‘suffered’ a divorce due to her own fault. Divorce was granted on the ground that the wife had ‘deserted’ the husband. After the divorce the divorced wife filed an application for maintenance for herself and her child. The ex-husband resisted the claim that the divorce itself was due to the fault of the wife. The Family Court did not accept the contention of the divorced husband. It was further contended by the husband that the divorced wife has sufficient income to maintain herself and her child. Another contention of the husband was that he does not have sufficient income to pay separate maintenance to the divorced wife who lives separately . All those contentions were rejected by the Family Court and the Court directed the ex-husband to pay maintenance @ Rs. 1,500/- and Rs. 750/- per mensem respectively to the divorced wife and her child. The husband moved the Hon. High Court in Revision and the Hon. Single Judge upheld the decision of the Family Court </span>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com1tag:blogger.com,1999:blog-4419625765340221311.post-39690329678896254852008-04-29T00:05:00.003+05:302008-04-29T00:11:39.237+05:30THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007<p align="center">THE MAINTENANCE AND WELFARE OF PARENTS AND</p> <p align="center">SENIOR CITIZENS ACT, 2007</p> <p>The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it a legal obligation for children and heirs to provide maintenance to senior citizens. The Act was published in Gazette of India on 31.12.2007. The ACT is to be enforced by the State government concerned. The date on which the Act will come into force will be notified by the State government concerned in the Official Gazette.</p> <p> </p> <p>State governments may set up maintenance tribunals in every sub-division to decide the level of maintenance. Appellate tribunals may be established at the district level.</p> <p>Senior citizens who are unable to maintain themselves shall have the right to apply to a maintenance tribunal seeking a monthly allowance from their children or heirs. </p> <p> </p> <p>If the senior citizen has transferred by way of gift or otherwise, his property, subject to the condition that the relative shall provide the basic amenities and basic physical needs to the senior citizen and such relative refuses or fails to provide such amenities and physical needs the said transfer of property shall be declared void by the Tribunal, if the senior citizen so desires . Here is the <a href="http://www.prsindia.org/docs/bills/1182337322/scr1193026940_Senior_Citizen.pdf">full text of the Act :</a></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com3tag:blogger.com,1999:blog-4419625765340221311.post-26397511794169472392008-03-13T03:57:00.003+05:302008-03-13T05:24:32.992+05:30How much land can one legally own and hold in Kerala? The land ceiling provisions under the Kerala Reforms Act<p class="MsoNormal" style="text-align: center;" align="center"><b style=""><u><span style=";font-family:";" >How much land can<span style=""> </span>one legally<span style=""> </span>own and hold in Kerala ?<o:p></o:p></span></u></b></p> <p class="MsoNormal" style="text-align: center;" align="center"><b style=""><u><span style=";font-family:";" >The land ceiling provisions under the<span style=""> </span>Kerala Reforms<span style=""> </span>Act</span></u></b><u><span style=";font-family:";" ><o:p></o:p></span></u></p> <p class="MsoNormal" style="text-indent: 36pt; line-height: 200%;"><u><span style=";font-family:";" ><o:p><span style="text-decoration: none;"></span></o:p></span></u><span style="line-height: 200%;font-family:TTF76O00;font-size:11;" ></span></p><span style="font-family: verdana;font-size:100%;" >The Kerala Land Reforms Act (KLR Act) came in to force in the year 1964. In the national level the major objective of Land Reforms have been the re-ordering of agrarian relations in order to achieve an egalitarian social structure. Elimination of exploitation in land relations, realising the age old goal of land to the tiller, enlarging the land base of the rural poor, increasing agricultural productivity and infusing an element of equality in local institutions are some of the other major objectives of Land Reforms. <br /><br />With a view to achieve the said objectives KLR Act imposes certain restrictions on ownership and possession of landed properties in the State of Kerala. There is what is commonly known as ‘ceiling’ on the total extent of land that a “person” can hold. The word “Person” in this context means and include a Company, family, joint family, association or other body of individuals, whether incorporated or not, and any institution capable of owning property. <br /><br />In the case of an adult unmarried person or a family consisting of a sole surviving member the ceiling limit is five standard acres subject to a maximum of seven and a half acres. A family consisting of two or more but not more than five members can hold ten standard acres and up to a maximum of fifteen acres. A family consisting of more than ten members the limit is ten standard acres increased by one standard acre for each member in excess of five and the maximum limit is twenty acres. In the case of any other person including a Trust, Company, body of individuals etc the limit is ten standard acres subject to a maximum of fifteen acres. <br /><br />The term ‘standard acre’ is determined based on the nature of the cultivation in a particular land and it slightly varies from District to District .In the case of garden land principally used for growing coconut trees one acre is treated one standard acre. But in the case of land principally used for growing arecanut trees ½ Acre ( 50 cents) is treated as one standard acre. On the other hand in the case of land used principally for growing pepper vines 3.50 acres is treated as one standard acre. In the case of dry land principally cultivated with cashew two acres is one standard acre. In the case of other dry land 2.50 acres is treated as one standard acre. In the case of palliyal land ( land used to raise paddy seedlings) 3 acres is one standard acre. <br /><br />There are however exceptions to the above rules. The principal exceptions are Plantations, Private Forests, Government lands, house sites, commercial sites, lands owned by Mosque Temples, Universities, Public Trusts etc. In order to qualify for exemption it is to be proved that a particular plantation was in existence prior to </span>the promulgation of KLR Act on 01.04.1964. Rubber, Tea, and Cardamom are the principal plantations that are exempted from ceiling limits.<br /><span style="font-size:78%;">(blogger takes no responsibilities for the accuracy of the content. Consult a lawyer for individual situations) </span><br /><span style="font-weight: bold;">Please include your contact information along with comments and questions. Thank you!!</span><p class="MsoNormal" style="text-align: justify; line-height: 200%;"><br /><span style="line-height: 200%;font-family:TTF76O00;font-size:11;" ><span style=""></span></span><u><o:p></o:p></u></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com2tag:blogger.com,1999:blog-4419625765340221311.post-15000469549967097142007-06-24T16:00:00.000+05:302007-06-24T16:04:47.759+05:30Reverse Mortgage in IndiaIn the Union Budget 2007-08, a proposal to introduce 'Reverse Mortgages' in India was put forth. The concept of reverse mortgage, although new in India, is very popular in countries like the United States.<br />A reverse mortgage allows the property owner, to access some of the value of the property without selling it. You remain the owner with all your current obligations. And you get a cash stream from your property. When the reverse mortgage agreement is over you or your heirs must repay all of your cash advances plus interest.<br />In a regular mortgage, a borrower mortgages his new/existing house with the lender in return for the loan amount (which in turn he uses to finance the property); the same is charged at a particular interest rate and runs over a predetermined tenure.<br />The borrower then has to repay the loan amount in the form of EMIs (equated monthly installments), which comprise of both principal and interest amounts. The property is utilised as a security to cover the risk of default on the borrower's part.<br />In the reverse mortgage, senior citizens (borrowers), who own a house property, but do not have regular income, can mortgage the same with the lender (a scheduled bank or a housing finance company-HFC). In return, the lender makes periodic payment to the borrowers during their lifetime.<br />Reverse mortgage works like a pension scheme for the elderly who live in a house owned by them। It is the opposite of buying a house on loan, where you pay an EMI (equated monthly instalment) to your bank. Technically, till you repay the loan, the house belongs to the bank. In reverse mortgage, you agree to mortgage your house to the bank, for which, it pays you the proceeds in equal monthly payouts. <a href="http://keralalaw.com/">(Read more)</a>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-41677790275347368292007-03-06T19:37:00.000+05:302007-03-06T19:40:44.898+05:30Registration of marriage made compulsory<span style="font-size: 12pt; font-family: "Times New Roman";" lang="EN-US"><span style="font-family: trebuchet ms;">The Hon. Supreme Court of India in the judgment passed in “ Seema Vs Ashwini Kumar” held that marriages of persons who are citizens if India belonging to various religions should be made compulsorily registrable in their respective States, where in the marriage is solemnized and the Apex Court directed the Sates and the Central Government to take the necessary steps for implementing the Court’s direction. Accordingly on 16.11.2006 the Government of Kerala published in the official Gazette the following Rules for implementing the directives of the Supreme Court. These Rules are to come into force after the expiry of sixty days from the date of publication.<br /><a href="http://kmmathew.com/art004m.html">(Read more)</a></span></span><a href="javascript:void(0)" onclick="return false;" tabindex="7"><span>Publish</span></a><span style="font-size: 12pt; font-family: "Times New Roman";" lang="EN-US"><span style="font-family: trebuchet ms;"><br /></span> </span>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-3791357911740788172007-03-01T19:07:00.000+05:302007-03-06T20:55:17.778+05:30India Budget 2007 - Highlights<span style="font-weight: bold; font-family: trebuchet ms;font-family:georgia;" >Proposals for Personal Taxes</span><br /><ul style="font-family: trebuchet ms;"><li><span style="font-family: trebuchet ms;"> TDS exemption limit increased from Rs. 5,000 to Rs. 10,000 on interest from Banks and Post Offices.</span></li><li>TDS made applicable on interest on 8% Savings (Taxable) Bonds.</li><li><span style="font-family: trebuchet ms;">Certain personal effects such as paintings, sculptures proposed to be </span>covered within the definition of capital assets and brought within the ambit of capital gains tax.<br /></li></ul><span style="font-family: trebuchet ms;font-family:georgia;" ><br /></span><span style="font-weight: bold; font-family: trebuchet ms;font-family:georgia;" >Tax Rates<br /></span><ul style="font-family: trebuchet ms;"><li><span style="font-family: trebuchet ms;">Introduction of secondary and higher education cess of 1% resulting in increase in education cess from 2% to 3%. The increase in education cess has resulted into marginal increase in overall tax rates.</span></li><li>No surcharge to be levied on domestic companies, partnership firms andforeign companies having total income up to Rs. 1,00,00,000, resulting in an effective tax rate of 30.90% for domestic companies and firms and 41.20% for foreign companies.</li><li>Effective tax rate for domestic companies and firms having taxable income exceeding Rs. 1,00,00,000 increased marginally from 33.66% to 33.99% and for foreign companies from 41.82% to 42.23%.</li><li><span style="font-family: trebuchet ms;">Basic exemption limit for individuals / HUFs increased by Rs. 10,000.</span></li><li><span style="font-family: trebuchet ms;">Deduction for entire amount of interest paid on a loan taken for higher education of spouse and children.</span></li><li><span style="font-family: trebuchet ms;">The limit of deduction under section 80D for premium towards mediclaim increased from Rs. 10,000 to Rs. 15,000.</span><br /></li></ul><br /><span style="font-family: trebuchet ms;font-family:georgia;" >read more at source (Manupathra)</span>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-12557963664402240542007-02-27T22:41:00.000+05:302007-02-28T13:53:51.213+05:30The Kerala Joint Hindu Family System (ABOLITION) Act, 1975<p style="font-family:trebuchet ms;"><span style="font-size:100%;">Joint family System amoung Hindus of Kerala was abolished with effect from 01.12.1976 by Act 30 of 1976. Thereafter birth in family does not give rise to rights in property .On and after the commencement of this Act, one has no rights to claim any interest in any property of an ancestor during his or her lifetime which is founded on the mere fact that the claimant was born in the family of the ancestor shall be recognized in any court. Joint tenancy was replaced by tenancy in common:</span></p> <p align="justify" style="font-family:trebuchet ms;"><span style="font-size:100%;">(1) All members of an undivided Hindu family governed by the Mitakshara law holding any coparcenary property on the day this Act came into force would be deemed to hold it as tenants-in-common as if a partition has taken place among all the members of that undivided Hindu family as respects such property and as if each one of them is holding his or her share separately as full owner thereof. This however does not affect the right to maintenance or the right to marriage or funeral expenses out of the coparcenary property or the right to residence, if any, of the members of an undivided Hindu family, other than persons who have become entitled to hold their shares separately, and any such right can be enforced as if this Act had not been passed.</span><span style="font-size:100%;"> <a href="http://kmmathew.com/art003h.html">(....read more)</a><br /></span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com33tag:blogger.com,1999:blog-4419625765340221311.post-20545219958519819322007-02-19T01:38:00.001+05:302007-02-20T18:27:06.348+05:30Investigation of Title to Immovable Property & Issuing Certificate of Title<p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB">Title to immovable property is ascertained by perusing relevant “Documents” and “Deeds” pertaining to such property. The term “Document” has very wide import. Under general law ‘document’<span style=""> </span>means any matter expressed or described up on any substance by means of letters, figures or mark for the purpose of recording that matter. The dictionary meaning of ‘document’ is<span style=""> </span>“a deed, writing, inscription, that furnishes evidence. This would mean that even a piece of paper on which something is written or typed or printed is to be treated as ‘document’. With the introduction of Cyber law, electronic documents are also now legally recognised in our country as having evidentiary value.</span></p> <p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB"><o:p> </o:p><span style=""> </span>The documents<span style=""> </span>relating to<span style=""> </span>property or commercial transactions<span style=""> </span>are<span style=""> </span>generally called Instruments or Deeds .The Indian Stamp Act defines an “ Instrument ” to include every document by which any <u>right </u>or <u>liability</u> is purported to be <u>created </u>, <u>transferred </u>, <u>limited </u>,<span style=""> </span>extended ,<span style=""> </span><u>extinguished </u>or <u>recorded . </u><span style=""> </span>A testamentary document<span style=""> </span>( eg., a Will while the testator is alive<u> </u>) an Award , Decrees and Judgments of Courts, Certificates of Shares , Share Warrants ,etc<span style=""> </span>are not considered as Deeds. So is the case with land tax receipts, allotment letters etc.<span style=""> </span></span></p> <p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB"><o:p> </o:p>The object of<span style=""> </span>investigations of title is to ascertain the ownership and title of a given property, in most cases immovable in nature.<span style=""> </span>The attributes of ownership are , (1)right to have and to get possession ; (2) right to prevent interference by others ; (3) Power of alienation (4) liberty of using the object according to owner’s will ;(5)liberty of enjoying the fruits and<span style=""> </span>to avail of the object owned ;(6) liberty of changing its form and even destroying it <a href="http://kmmathew.com/art002w.html">(.... read more)</a><br /></span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com35tag:blogger.com,1999:blog-4419625765340221311.post-76255195747912588592007-02-18T20:33:00.000+05:302007-02-18T23:00:04.001+05:30‘The Protection of Women from Domestic Violence Act 2005’<p class="MsoNormal" style="text-align: justify; line-height: 150%; font-weight: bold; font-style: italic;"><span lang="EN-US">“A boon to the Indian Women, but a potential bane to the Indian Banker"</span></p><p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span lang="EN-US">The Protection of Women from Domestic Violence<span style=""> </span>Act 2005 ( DVA)<span style=""> </span>came<span style=""> </span>into force<span style=""> </span>26.10.2006. It is widely expected that<span style=""> </span>DVA will go a long way to provide relief to women from domestic violence and<span style=""> </span>enforce their ‘right to live’. Primarily<span style=""> </span>DVA is meant to provide protection to the wife or female live-in partner from violence at the hands of husband or male live-in partner or relatives.<span style=""> </span>DVA also extends its protection to women who are sisters, widows or mothers.</span></p> <p class="MsoNormal" style="text-align: justify; line-height: 150%;"><span lang="EN-US"><span style=""> </span>However in spite of the positive aspects enshrined in the enactment for <span style="color: rgb(204, 0, 0);">protecting </span><span style="color: rgb(204, 0, 0);">women’s rights</span><span style="color: rgb(204, 0, 0);"> </span><span style="color: rgb(204, 0, 0);">DVA can have a negative impact on the real estate scenario</span><span style=""> </span>especially on<span style=""> </span>transactions of house-properties. DVA also can adversely affect (Public)<span style=""> </span>Financial Institutions ( FIS) that<span style=""> </span>now<span style=""> </span>unhesitatingly<span style=""> </span>advance<span style=""> </span>hefty sums on the mortgage security of house-properties both for productive and non-productive purposes. See how and to what extent DVA can adversely affect<span style=""> </span>FIS .</span></p>...<a href="http://kmmathew.com/art001w.html">read full article at our website</a>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com2tag:blogger.com,1999:blog-4419625765340221311.post-56245156259989837522007-02-14T10:05:00.000+05:302007-02-20T18:28:54.272+05:30Right to Information<p> </p> <p class="MsoNormal" style="line-height: 150%;"><span style="" lang="EN-GB"><span style="font-weight: bold;">When does it come into force?</span> <o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"><span style="" lang="EN-GB">It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).<o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"><a name="2."><span lang="EN-GB" style="color:silver;"></span></a><span style=""></span><span style="" lang="EN-GB"><o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"><span style="" lang="EN-GB"><span style="font-weight: bold;">Who is covered?</span> The Act extends to the whole of <st1:country-region st="on">India</st1:country-region> except the State of <st1:state st="on"><st1:place st="on">Jammu and Kashmir</st1:place></st1:state>. [S.(12)] <o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"><a name="3."><span lang="EN-GB" style="color:silver;"></span></a><span style=""></span><span style="" lang="EN-GB"><o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"><span style="" lang="EN-GB"><span style="font-weight: bold;">What does information mean?</span> Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file notings" [S.2(f)]. <o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"><a name="4."><span lang="EN-GB" style="color:silver;"></span></a><span style=""></span><span style="" lang="EN-GB"><o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%; color: rgb(204, 0, 0);"><span style="" lang="EN-GB"><span style="font-weight: bold;">What does Right to Information mean?</span> It includes the right to - <o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%; color: rgb(204, 0, 0);">inspect works, documents, records. <o:p></o:p></p> <p class="MsoNormal" style="line-height: 150%; color: rgb(204, 0, 0);"><span style="" lang="EN-GB">take notes, extracts or certified copies of documents or records. <o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%; color: rgb(204, 0, 0);"><span style="" lang="EN-GB">take certified samples of material. <o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"><span style="" lang="EN-GB"><span style="color: rgb(204, 0, 0);">obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)]</span><o:p></o:p></span></p> <p class="MsoNormal" style="line-height: 150%;"> </p><p class="MsoNormal"><span style="" lang="EN-GB"><o:p> <a href="http://persmin.nic.in/RTI/WelcomeRTI.htm">source (click here):</a></o:p></span><br /><span class="asb20"><span style="" lang="EN-GB">Ministry of Personnel,Public Grievances and Pensions, Govt. of <st1:country-region st="on"><st1:place st="on">India</st1:place></st1:country-region></span></span><span style="" lang="EN-GB"><o:p></o:p></span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0tag:blogger.com,1999:blog-4419625765340221311.post-80751211098146922172007-02-12T20:24:00.000+05:302007-02-18T23:16:18.295+05:30A Note on “ Kanam ”<span lang="EN-US"><o:p> </o:p></span> <p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB"><span style="color: rgb(153, 0, 0);">“Kanam” was one of the modes of land tenures prevalent in the erstwhile Malabar including the present Kozhikode District.</span> It was the ‘highest’ form of tenancy. The holder of Kanam right in course of time acquired superior powers as against the real owner<span style=""> </span>who had granted the kanam right.</span></p><p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB">Kanam entrustment was usually for a period of twelve years. Kanom entrustment was renewable at the option of the tenant after the expiry of 12 years The holder was free to make any improvement in the Kanam property and enjoy the fruits of the same by paying a comparatively small amount as yearly rent and<span style=""> </span>a nominal share of the crops. If the land lord desired to resume the land at the expiry of the lease-period , he had to pay the full value of all the improvements made by the holder of Kanam. It <span style=""> </span>was also a transferable<span style=""> </span>right.<span style=""> </span>The net result was that in most cases landlords were totally incapable of resuming the land after paying value of improvements to the Kanamdar ( lessee ) and the Kanamdar in most cases became richer and more powerful than the land lords and<span style=""> </span>“Kanam” right became more valuable than the Jenm right itself. For, the Jenmi ( land lord) could claim right over the ‘land’ only while the Kanamdar had the full right over the trees, structures , buildings etc on the Kanam land. It<span style=""> </span>was<span style=""> </span>very easy to purchase the Jenm right of a land while very many could not afford to purchase the improvements that belonged to the Kanamdar.</span></p> <p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB"><span style=""> </span><span style=""> </span><st1:place st="on"><st1:placename st="on">Kerala</st1:placename> <st1:placetype st="on">Land</st1:placetype></st1:place> Reforms<span style=""> </span>Act came into force in 1964. The right of the<span style=""> </span>land lords and intermediaries on agricultural lands<span style=""> </span>was taken over by the Government with effect from <st1:date month="1" day="1" year="1970" st="on">01-01-1970</st1:date>.</span></p> <p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB">After the said date<span style=""> </span>the land lord’s right had to be purchased through Land Tribunals established for the said purpose . By virtue of the provisions of the said Act landlords were permanently barred from resuming <span style=""> </span>leasehold properties including Kanam lands .Even the Government could not resume any agricultural land from<span style=""> </span>the person in possession except on the ground that<span style=""> </span>such person holds land in excess of the ceiling limits.</span></p> <p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB"><span style=""> </span>Jenm right is granted to cultivating tenants by “Certificates of Purchase ” issued by Land Tribunals. Since absence of Certificate does not affect the title and enjoyment of the property many people have not come forward to purchase the Jenm right. And absence of Jenm right does not affect the title over land in any way. Land Tribunals in the State are being closed down one after the other due to lack of sufficient work for the staff.</span></p> <p class="MsoNormal" style="line-height: 150%;"><span lang="EN-GB"><span style=""> </span>Certificates of Purchase issued by Land tribunals are treated as<span style=""> </span>pucca Title Deeds. In the absence of any registered title deed,<span style=""> </span>Certificate of Purchase alone is the document of title<span style=""> </span>for all practical purposes like sale , mortgage etc. Hence it is the duty of<span style=""> </span>any Purchaser or Mortgagee of immovable property to call for Certificate of Purchase also and obtain custody of the same, if available, in order to avoid any future disputes. However if it<span style=""> </span>is assured that Certificate of Purchase is not issued at all in a particular case, the mortgagee/purchaser can proceed with the<span style=""> </span>proposed transaction<span style=""> </span><span style=""> </span>Hence absence of Certificate of Purchase is not a defect in title , while it will be treated as a lapse on the side of the mortgagee/transferee if Certificate of Purchase already issued also is not obtained and kept along with the registered Title Deed.</span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com1tag:blogger.com,1999:blog-4419625765340221311.post-442884162001147252007-02-06T05:02:00.001+05:302007-02-28T00:17:25.558+05:30Adv. K.M.Mathew, Kottuppallil, KeralaLaw.com<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/_cExdL9CfJuI/Rc9oCKklIdI/AAAAAAAAAAM/IybeXK4FEig/s1600-h/kmm.jpg"><img style="margin: 0pt 10px 10px 0pt; float: left; cursor: pointer;" src="http://3.bp.blogspot.com/_cExdL9CfJuI/Rc9oCKklIdI/AAAAAAAAAAM/IybeXK4FEig/s320/kmm.jpg" alt="" id="BLOGGER_PHOTO_ID_5030353695202943442" border="0" /></a><br /><p class="MsoNormal" style="line-height: 150%;"><span style="" lang="EN-GB"><a href="http://www.keralalaw.com/">Advocate K.M. Mathew</a> </span><span style="line-height: 150%;font-size:78%;" lang="EN-GB" >MA. LLB</span><span style="" lang="EN-GB">., is the senior partner of </span><a href="http://www.keralalaw.com/"><span style="" lang="EN-GB">KeralaLaw.com</span></a><span style="" lang="EN-GB">. He is a practicing lawyer based at District Court Centre Kozhikode since 1979. Formerly Additional Government Pleader and Additional Public Prosecutor at Kozikode Advocate K M Mathew is in the Panel of many leading Banks and Housing Financial Institutions. He is also Legal Advisor and Standing Counsel to many leading Builder Firms/Companies and Real Estate Developers. Through this blog he aims at publishing online legal literacy materials relevant to the State of <st1:state st="on">Kerala</st1:state> in <st1:country-region st="on"><st1:place st="on">India</st1:place></st1:country-region>.<o:p></o:p></span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com2tag:blogger.com,1999:blog-4419625765340221311.post-84487897675881424722007-02-06T04:14:00.000+05:302007-02-18T23:24:47.817+05:30Mathew Associates, Calicut<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_cExdL9CfJuI/Rc9p4aklIeI/AAAAAAAAAAY/nJRGI794YxA/s1600-h/headerlogo.gif"><img style="margin: 0pt 10px 10px 0pt; float: left; cursor: pointer;" src="http://4.bp.blogspot.com/_cExdL9CfJuI/Rc9p4aklIeI/AAAAAAAAAAY/nJRGI794YxA/s320/headerlogo.gif" alt="" id="BLOGGER_PHOTO_ID_5030355726722474466" border="0" /></a><br /> <p class="MsoNormal" style="line-height: 150%;"><span style="" lang="EN-GB">Mathew Associates Calicut is a Law Firm engaged in imparting legal know-how on every day transactions affecting the common man. Our motto is to provide Legal Consultancy and Documentation Services at an affordable fee. We also provide specialized services to Banks, Housing Finance Companies, Builders, Real Estate Developers, Land Owners, Buyers/Sellers of Landed Properties etc. We deal with the practical aspects of the various laws applicable in the State of <st1:state st="on">Kerala</st1:State>, <st1:country-region st="on"><st1:place st="on">India</st1:place></st1:country-region>. We plan to publish online legal literacy materials from time to time.<o:p></o:p></span></p>Mathew Associates, Calicuthttp://www.blogger.com/profile/03446621862056912107noreply@blogger.com0