Tara Pokhriyal

Tara Pokhriyal Hi....We welcome you to Lawgical Guru – A group of enthusiastic bloggers, who are popularly known as “Gurus”!

we are bloggers who are Passionate Observer in all aspects of Life or are currently moving in that direction.

19/04/2020

Difference between registration and power of attorney

Power of Attorney: is a document.

Registration: is a process.
A power of attorney is a document that enables A to act on behalf of B. And in the eyes of the law the actions of A will be treated as those of B.
You can do all these acts yourself, or you can appoint some other persons to do all these acts of agreement of sale, sale deed and other statutory formalities on your behalf.
PoA's are required to be registered by law to have statutory binding, when they deal with matters relating to immovable property
Now coming to the Registration
It is basically entering a particular transaction in the government's records.
2. mandatory for any transaction involving an immovable property.

It is done at the local Sub Registrars Office/District Registrar.

13/01/2020

PROCEDURE TO CHANGE YOUR NAME....

In India many people dislike their names, but not everyone opt to make changes. They just linger on to their names throughout their lifespan mostly because they do not know what are the options available or sometimes they think that the procedure for name change will be tedious and tiresome. In reality, name change is not that tedious. All you need to do is to understand how it is done, what steps need to be taken, what are the documents essential for submitting the request, and you are good to go.

There are three mandatory things, which are needed to be done for name change:

1. Affidavit Submission: An affidavit needs to be prepared for name change.
2. Ad Publication: An announcement should be published in the newspaper.
3. Gazette Notification: A notification should be published in the Gazette of India regarding the name change.

The first step in the legal procedure is affidavit submission.

Go to a notary to do the needful.

The following steps would make the process simpler and clearer:

1. Approach your local notary and mention your request.

2. The notary will give you the stamp paper of required value on which the affidavit for name change is made.

3. Once you have the paper, you need to provide the following details:
a.Name
b.New name
c.Current address
d.Reason for name change (Astrology, numerology, marriage, or any other reason

4. Once the affidavit is printed on a plain stamp paper, it needs to be signed by two witnesses.
get it signed by two persons of gazetted officer rank.

Ensure that you have their signature, along with their stamp
The affidavit reflects both your old and new name. Affidavits can be used for changing the whole name, surname or just a few letters.

Keep a copy of the affidavit. This is a crucial document and comes in handy for any future legal formalities.
For overseas Indians, who would like to change their name, one needs to submit a deed stating the change of name, duly signed by the Indian High Commission office or the Indian Embassy.

Step-2
Publish an advertisement about the name change in a local and a national newspaper.

Step-3
Gazette Publication - Name Change Gazette Procedure
Submit the application and documents for publication of name change in Official Gazette to Department of Publication.Publication of your name change will be made in the Official Gazette within 7 days from the application.
The name change gazette notification is mandatory for those who are the government employee and optional for others.

However, it is substantial proof of your name change. Since it just involves sending a few documents for publication.

Document which are needed for Gazette Publication
Carry a copy of the ‘Deed changing name form’ available with the Controller of Publication, Department of Publication;
or , a letter of declaration from you, stating the need for changing the name will do;
Original copies of advertisements published with the date.
Carry two attested photographs of yours
Carry address and identity proofs (The address should be the same as the one published in the newspaper and affidavit.

08/01/2020

Procedure for Obtaining Legal Heir Certificate:

To obtain Legal Heir certificate You must approach the area/Taluk Thasildar,
or
from the corporation/municipality office of your area, and also the District civil court.

The certificate names all legal heirs of the deceased person and will be issued to you only after a proper enquiry.

follow the steps listed below for obtaining legal Heir Certificate :
1.Approach The Taluk Office:

The applicant has to visit the Tehsildar or Taluk officeor the municipality office of the concerned area.

An alternate option is you can approach a lawyer from the District Civil Court.

2.Receive The Application Form

The applicant will have to obtain the application form from the concerned Tehsildar officer accompanied with the death certificate of the deceased along with details of the legal heirs and their relationship with the deceased person..

3.Enter The Details
The applicant then will have to enter all the required details in the application form and it is highly important that the application must be submitted along with proper stamp duty and the fees prescribed..

4.Attach The Documents
Once all the details are entered, the applicant will have to attach all the mandatory documents to the application form like death certificate of the deceased, document showing relationship with the deceased.

5.Affixing Stamp
The applicant will have to affix a stamp of Rs. 2 in the application form. Once all the prerequisites are done ,
The applicant has to furnish the application form to the authorized officer in the Tehsildar office after filling the form .

7.Verification Process
Thereafter the application is verified by the Village Administrative Officer and Revenue Inspector.

8.Issuance of The Certificate
After completion of all the verification processes, the certificate will then be issued by the concerned authority mentioning all the legal heirs of the deceased.

Generally it takes 30 days to obtain a Legal Heir Certificate but you have to approach the Revenue Division Officer (RDO) or the sub collector if there is an unnecessary delay or the concerned authorities fails to respond.

I hope this information will be helpful for all facebook users..

Thanks
Tara Pokhriyal

08/01/2020

Who Are Legal Heirs?
The legal dictionary defines the term heir has the person who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution. Also, an heir is said to be the person who is appointed by the law to succeed to the estate of an ancestor who has died without a will.

The persons hereinafter mentioned are considered to be the legal heirs and can claim a legal heir certificate in India:
1.Parents of the deceased
2.Siblingsof the deceased
3.Spouse of the deceased
4.Children of the deceased

Personal laws are of paramount importance in India when it comes to legal heirs and their rights.
Legal heir certificate is a certificate obtained by a successor in order to obtain the legal right over the property and estate of the deceased.

In India when a person dies suddenly usually without making a will the legal heirs of the deceased person is required to obtain a legal heir certificate from the appropriate authority for the purpose of transferring the assets and dues of the deceased.

Uses of Legal Heir Certificates:

A legal heir certificate identifies the rightful successors who can claim the assets/properties of the deceased person.

To lay a claim over a deceased person’s property all eligible successors must have this certificate for:
1.Claiming insurance
2.Sanctioning and processing family pension of the deceased employee.
3.Transferring the deceased person’s assets and properties to his /her successors.
4.Receiving dues such as gratuity, provident fund etc from the government.
5.Receiving salary arrears of the deceased.
6.Gaining employment based on compassionate appointments.

18/09/2019

Introduction of Relinquishment Deed
Many times it happens that a person dies intestate (without leaving a will or testamentary will) in such cases the property of that person is inherited by his/her legal heir. Then it’s up to the heirs as what they want to do with the said property. If the heir’s come to the conclusion of separation of property, then anyone of the co-owner (who is not willing to keep the property) can relinquish his share in favour of the other owner. This process of transferring property from one owner approving the other is known as “Relinquishment of Property”.

Meaning of Relinquishment Deed
Relinquishment deed is a legal document/instrument where a legal heir gives up or releases his legal rights in an inherited parental property for another legal heir such as his mother, son, daughter, brother, sister, etc.

The term relinquishment refers to the abandoning and surrender of the rights, title, and interest, by one co-owner of property for the other co-owners. The consequences of relinquishment of one co-owner’s share in property are the enlargement of the shares of the other co-owners.

Essentials Elements of Relinquishment Deed
Legal document: Relinquishment deed is a legal document. Through this legal document, an heir can transfer or release his legal right of the inherited property.
Consequences: The effects of such transfer of rights are the release of the share of one co-owner and the enlargement of the shares of the other co-owners.
Irrevocable: A release or relinquishment deed is irrevocable even if it made without any consideration. For a valid relinquishment, the property must be owned by more than one person.
Relinquishment cannot be done in favour of a 3rd person: Relinquishment of property can’t be made in favour of a person other than a co-owner. If a relinquishment is made in favour of a person who is not a co-owner, the transaction will be treated as a gift.
Must be in writing: The relinquishment of right in the case of immovable property needs to be done only through a written document called relinquishment deed which must be signed by all the parties and witnessed by at least two witnesses.
Must be registered: Relinquishment deed falls under Section 17 of the Registration Act, 1908 and hence, a release of rights in the immovable property must be registered. The registration takes place in the office of the sub-registrar within whose jurisdiction the property is situated.
Consideration: A relinquishment deed can be done with or without any consideration.
Easy process: A relinquishment deed can be made and registered in few days, and this process is not expensive.
Who can Relinquish Property
The relinquishment of property can only be done by someone who has a share in the property. In case there is more than one owner in a property, either of the co-owners can do relinquishment. For a valid relinquishment, the essentials of a valid contract are to be followed other than the compensation.

Illustration: A died intestate leaving behind his three sons. A was the owner of a land which after his death was inherited by his three sons. Later, one of the son X shows his interest for not keeping any share in the said property for which he offered relinquishment. The relinquishment deed was made in favour of other two owners. The relinquishment deed transferred every right of X in the property to his brothers.

In whose name can a property be Relinquished?

The relinquishment of property can only be done in the name of a person who is co-owner or co-sharer in the property. Or in other words, relinquishment of property can not be done in the name of any third person other than the already existing co-owner. Hence, for a valid relinquishment, the person getting the relinquished property must be a legal heir.

A property can also be transferred to minors; such cases will be governed by the Indian Contract Act 1872.

While reading an article i came across a device name Dozeee,  that monitors your sleep,  i thought of sharing this info....
16/08/2019

While reading an article i came across a device name Dozeee, that monitors your sleep, i thought of sharing this info... Now a days when we are moving to digital world like from Food Delivery to booking a cab, everything is now at our fingertips.... But there is someone who has worked on healthcare..... And come up with device, that will help you to monitor your sleep... Dozeee... It is a thin sheet made mattress made of sensors that works with a free app on google playstore or apple store.... This device has to be laid down under your mattress and then you just have to connect your phone to internet for it to start.... And you don't have to charge it...... For more more about this device you can read my blog at...... www.lawgicalguru.com

If you are health conscious and eager to buy it buy it from the link below

https://www.dozee.io/product/dozee/?utm_source=lawgicalguru_insta&utm_medium=blog&utm_campaign=influencer

You don't have to worry about your nearones health you can track your loved ones health through this device......

The notion of pollution is revolutionising with increasing industrialisation and urbanisation but when I was in my vacay...
02/08/2019

The notion of pollution is revolutionising with increasing industrialisation and urbanisation but when I was in my vacay to Goa I took this device with me to measure the air quality of Goa , I measured air quality and PM 2.5 and PM 10 level at various location and From this device analysis I can say that Goa is still safe from every aspect and I wish it could always be like this.....one can see the readings taken by measuring device....🌴🌴🌴🌴🌴🌿🌿🍀🍀🍀☘️☘️🌲🌲🌲🌲🍀🍀🍀🌳🌳🌳🌳🌳🌳🌳
@ Goa

PM Narendra Modi set an ambitious target of doubling farmers’ incomes by 2022, doubling incomes in seven years (2015-16 ...
08/07/2019

PM Narendra Modi set an ambitious target of doubling farmers’ incomes by 2022, doubling incomes in seven years (2015-16 to 2022-23) meant the agriculture sector growing at 10.4 per cent per annum whereas the sector grew at only 4.3 per cent during 2009-14 and prior to it India took 22 years (1993-1994 to 2015-16) to double farmers’ incomes in real terms.

Niti ayog elaborated this can be a doable thing and came up with slew of reforms

If go deep inside and look into the agrisector growth rate which is of 2.9 per cent in the last five years - the same rate at which it grew during Atal Bihari Vajpayee’s term - 3.1% lower than UPA-1 terms and 4.3 per cent rate of UPA-2 terms.

And if we talk about agri exports the situation has worsened more $43.6 billion in 2013-14, registered negative growth and were struggling at $39.4 billion in 2018-19.....

In Budget FM Nirmala Sitharaman ji saying we are planning to promote Organic farming on the other hand they are giving high fertilizer subsidy of 10000 Cr.

I AM Worried how the ambitious target of doubling farmer income can be achieve.

I am not A hater of NDA but huge mandate has been given to them in Elections, and i don't think NDA is paying heeds to its Own Sermons..

Yesterday, our finance minister presented Budget for the country, which says that the economy will grow at the rate of 1...
06/07/2019

Yesterday, our finance minister presented Budget for the country, which says that the economy will grow at the rate of 12% in nominal terms, or by 7-8% in real terms, but I think she is highly mistaken while thinking that this will revive the slowing economy, budget has little, that is likely to boost domestic investments, neither any incentives nor any public investment support mentioned, budget in actual terms has projected decline in public investment or capital expenditure by 6% , "not done ever before in past half century" and since government is unable to support domestic investment, seeking growth fuel from abroad, Foreign institutional investment norms will be liberalised, same goes for the Foreign portfolio institution and will be raising ceilings in FDI IN SOME SECTOR there is no mention of word "job" in the budget speech

Govt is going for external borrowing saying we have less external debt to GDP ratio dont you think that we are heading to the same path of 1980's which leads to Balance of crisis in 1991 and then we mortgaged our gold with World bank for loan,
In second term of Modi government has focussed more on welfare schemes like UJJAWALA,SWACCHH BHARAT ANd adding to it Jal shakti.

Modi ji saying we will be $5 trillion economy by 2024-25 how will it be possible
Where budget speech leaving private investment and private consumption for economic growth.

Lawgucal guru

Section 24 CPC: Mere Inconvenience Of Wife To Attend The Court Not A Ground To Transfer Matrimonial Proceedings: Calcutt...
06/07/2019

Section 24 CPC: Mere Inconvenience Of Wife To Attend The Court Not A Ground To Transfer Matrimonial Proceedings: Calcutta HC

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