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

Advertisements

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

Differences between Original Petition and Interlocutory Petition/Application

Original petition generally refers to any petition or any application in court that states the origination of disputes and seeks specific reliefs.  Rule 3(9) of the Code of Civil Procedure defines Original Petition as: ‘Original petition means a petition whereby any proceeding other than a suit or appeal or a proceedings in execution of a decree … Continue reading Differences between Original Petition and Interlocutory Petition/Application

Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Efficacious remedy implies a form of relief that can be obtained at a different forum from the current forum. It is generally necessary to exhaust other efficacious remedy before filing writ petition because the inherent powers of the High Courts to issue prerogative writs or order in terms of Article 226 of the Constitution is … Continue reading Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Oral Evidence in Enforcement of Arbitral Award

Si-Al Bioenergie vs Sbec Systems Citation: AIR 2005 Delhi 95 Facts of the Case The facts of the case were that the decree holder (Si-Al Bioenergie) sought to enforce an arbitral award under Sections 48 and 34 of the Arbitration & Conciliation Act, 1996. However, the judgment debtor (Sbec Systems) applied to set aside and … Continue reading Oral Evidence in Enforcement of Arbitral Award

Managing Co-operative Housing Society and Allotment of Flats

Under West Bengal Co-operative Society Rules 2011 (WBCS Rules 2011), Rule 124, before the Housing Society gets registered, the members should hold a meeting where the Chief Promoter, Chairman, Vice-Chairman and Treasurer from amongst the promoters should be elected. The proposed name of the Society should also be discussed and the agreement to be entered … Continue reading Managing Co-operative Housing Society and Allotment of Flats

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

Agreement For Sale Of Flat By A Flat Purchaser Before Completion Of Flat

THIS AGREEMENT made at  ....................  this ........... day of    ..............., 20…, between X, son of ....................... resident of ........................... hereinafter referred to as the 'Transferor" of the FIRST PART, Y, daughter of  ................. resident of ...........................  hereinafter referred to as the "Transferee" of the SECOND PART and Z, a company, having its registered office at … Continue reading Agreement For Sale Of Flat By A Flat Purchaser Before Completion Of Flat

Adoption Deed Format India

THIS DEED OF ADOPTION made this …….day of………………..20__ BETWEEN ________________ son of ______________________ residing at _______________________________ hereinafter called the DONOR of the FIRST PART and ____________________________ wife of ____________________ residing a _____________________ hereinafter called the FIRST CONFIRMING PARTY of the SECOND PART and  ___________________ son of _________________________ residing at _____________________________ hereinafter called the DONEE of … Continue reading Adoption Deed Format India

Findings of Fact and Conclusions of Law Format

Attorney_____ (#____) ___________________ ___________________   Attorney for Petitioner ______________________________________________________________________________   IN THE THIRD JUDICIAL DISTRICT COURT OF _________ COUNTY   STATE OF ________ ______________________________________________________________________________ ) IN  RE:                                                                       ) THE INTEREST OF:                                                 )           FINDINGS OF FACT AND )           CONCLUSIONS OF LAW ________________________                       ) ) A MINOR CHILD.                           ) ) ____________,                                                           ) ) Petitioner,                    ) v.                                                                     … Continue reading Findings of Fact and Conclusions of Law Format

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