New Changes to Thika Tenancy in West Bengal

In continuation to the earlier analysis of thika tenancy in West Bengal : https://advocatechenoyceil.com/2013/07/13/deconstructing-west-bengal-thika-tenancy/ It has now come to light that the current West Bengal government is trying to bring a one window mechanism to help thika tenants and bharatias regulate their holding. Under the new law, the thika tenants or bharatias will not require the … Continue reading New Changes to Thika Tenancy in West Bengal

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TRANSGENDER RIGHTS IN INDIA: THE ROAD AHEAD

On 15th April 2014, the landmark judgment in National Legal Services Authority v Union of India and Others (Writ Petition No. 400 of 2012 with Writ Petition No. 604 of 2013) was passed. The court was constituted of two judges and the leading judgment was given by Justice K.S. Radhakrishnan, whose judgment was endorsed by … Continue reading TRANSGENDER RIGHTS IN INDIA: THE ROAD AHEAD

In Mutation Application Corporation Cannot Question Title Existence

It has been held time and again that in mutation application, the municipal corporation or concerned authority should not go into the question of whether valid title exists for the applicant. Mutation of property does not prove ownership or title to the property but it only showcases that the State is collecting revenue for the … Continue reading In Mutation Application Corporation Cannot Question Title Existence

Co-operative Housing Society West Bengal and NRI Membership

A Co-operative Housing Society is formed under the West Bengal Co-operative Society Act, 2006 (previously the West Bengal Co-operative Society Act, 1983). The Act extends to the whole of West Bengal and came into force on 18th January, 2011 vide Notification No. 177 - Coop/H/2R – 1/2006. Under Section 157(1) of WBCS Act, 2006, the … Continue reading Co-operative Housing Society West Bengal and NRI Membership

Can a Trust, Company or Firm own Co-operative Housing Property in West Bengal

Transfer of property defined under Section 5 of the Transfer of Property Act, 1882 as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act. … Continue reading Can a Trust, Company or Firm own Co-operative Housing Property in West Bengal

How to Sell Land and become Member of a Co-operative Housing Society in West Bengal

To register a co-operative housing society in West Bengal, you need at least 8 members. If one member has the land in his name he cannot start the society without the requisite number of members. However, under Rule 131(6) of the West Bengal Co-operative Society Rules, 2011 (WBCS Rules 2011), a person conveying a plot … Continue reading How to Sell Land and become Member of a Co-operative Housing Society in West Bengal

How to Lease Public Charitable Trust Property in West Bengal

The law of trusts in India has developed in its own specialized way but it has definitely created a lot of advantages as a very convenient instrument for running religious and charitable organisations. A trust provides the means by which specific benefits are carved out for different people who are interest in the same Trust … Continue reading How to Lease Public Charitable Trust Property in West Bengal

How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

Section 452 CrPC applies when an inquiry or trial is concluded. After an inquiry or trial is concluded it is the duty of the Court to order the disposal of the property regarding which an offence was alleged to have been committed and to get back the property you need to file an application under … Continue reading How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

Conversion of Doba or Tank or Water Body Land into Homestead Land or Commercial Land in West Bengal

To convert doba/tank or water body land into residential or commercial or homestead land, one has to apply to local municipality as well as the District Land Reform and Land Reform Officer (DLR/LRO) in the given format that is attached below. The cost for conversion is somewhere between Rs. 20 to Rs. 100 per decimal … Continue reading Conversion of Doba or Tank or Water Body Land into Homestead Land or Commercial Land in West Bengal

Save Capital Gains from selling Co-operative Housing Property

To understand Capital Gains from selling Co-operative Housing Society flat/plot in West Bengal it is important to understand the specific provisions of the Income Tax Act as provided under: a) Section 54: In case the asset transferred is a long term capital asset being a residential house, and if out of the capital gains, a … Continue reading Save Capital Gains from selling Co-operative Housing Property

Section 42 of Arbitration and Conciliation Act, 1996 and the Uncertainties about Jurisdiction

The complexities surrounding arbitration in India and the clouded arbitration legislation as an oft-judicially-interpreted Act in India is nothing new. To the ones initiated, the Arbitration and Conciliation Act (the Act) in India has undergone modifications since pre-Independence days. However, till date, the prevalent Act can still be regarded as one of the most highly … Continue reading Section 42 of Arbitration and Conciliation Act, 1996 and the Uncertainties about Jurisdiction

Hypothecation and Mortgage Property in India

Hypothecation legally means providing something as collateral for any form of debt. However, although a collateral security is provided the debtor usually does not have to turn over physical custody of the collateral although the lender is "hypothetically" in control of the collateral. The Indian Contract Act does not define the term ‘hypothecation’, however, section … Continue reading Hypothecation and Mortgage Property in India

Data Theft and Data Protection Precautions in India

At the outset, it is stated that under the Indian Law, “ Data Theft” is a misnomer. Under the Indian Law, there is no offence of “Data Theft” i.e. theft of Data. Section 378 of the Indian Penal Code, 1860 defines Theft as follows:- “ Theft – Whoever, intending to take dishonestly any movable property out of … Continue reading Data Theft and Data Protection Precautions in India

Checklist For Buying Flat/House/Property India West Bengal

You must check the following before embarking upon buying any property, be it a house, land or an ownership flat or even a Co-operative society flat. The splurge of developers and builders in every nook and corner is of serious concern. So buyer beware... 1.Clear title of the land 2. Mutation of land in current … Continue reading Checklist For Buying Flat/House/Property India West Bengal

Residential / Non Residential (NRI) Status in India

The concept of “Non Resident Indian” has been defined differently under various statutes such as the Income Tax Act, 1961 and Foreign Exchange Management Act (FEMA), 1999. The Citizenship Act, 1955 does not define “Non Resident Indian”. The Citizenship Act mainly provides for the acquisition and termination of citizenship. In brief, citizenship of India can … Continue reading Residential / Non Residential (NRI) Status in India