Is There Expiry Date For Stamp Papers ?

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.

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^th 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.

Can a Divorced Wife Claim Maintenance From Her Ex-Husband ?

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.

Whether a divorced wife is entitled to claim maintenance from her former husband has been

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 Sajeev Kumar Vs. Dhanya has reiterated the earlier judicial stand on the subject in favour of the divorced wife.

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

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

THE MAINTENANCE AND WELFARE OF PARENTS AND

SENIOR CITIZENS ACT, 2007

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.

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.

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.

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 full text of the Act :

How much land can one legally own and hold in Kerala? The land ceiling provisions under the Kerala Reforms Act

How much land can one legally own and hold in Kerala ?

The land ceiling provisions under the Kerala Reforms Act

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.

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.

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.

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.

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 the promulgation of KLR Act on 01.04.1964. Rubber, Tea, and Cardamom are the principal plantations that are exempted from ceiling limits.
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Reverse Mortgage in India

In 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.
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.
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.
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.
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.
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. (Read more)