#retainership

[honeycombindia]

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[myhoneycombcreative]

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[indianlawyers2012-blog]

Gift Deed

                            A Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the Donor to another called Donee. The person transferring the property is called the Donor. The person accepting the Gift Deed is called Donee. All persons are competent to receive Gifts. A minor can also accept a Gift provided the Gift is not onerous.

It is imperative that a Gift must be accepted by or on behalf of the Donee. Such acceptance must be made during the lifetime of the Donor. If the Donee dies before acceptance, the Gift is void. If the Donor dies after acceptance of the Gift, but before the Deed is registered, the registration may be completed even after the death of the Donor.

All types of property can be the subject matter of a Gift. However, the subject matter of a Gift must be in existence while the Gift is being made.

Under Muslim Law, for a valid deed of Gift four elements are necessary.  These are declaration of Gift by Donor, relinquishment of ownership and dominion by Donor, acceptance of Gift by Donee and delivery of possession of the property by Donor is necessary for completing a Gift. A Gift to a minor or to an insane person can be accepted by their guardians’ viz.

(a) father,

(b) father's executor,

(c) paternal grandfather,

(d) Paternal grandfather's executor.

The delivery of possession may be either actual or constructive. The actual possession of tangible or corporate properties should be given by actual delivery. Whether the Gift is movable or immovable, it must be actually transferred and handed over to the Donee.  When the property Gifted is immovable, the Donor should hand over the possession of the same to the Donee. 

[indianlawyers2012-blog]

Company Formation In India

                      Under the Indian Law a consumer of both goods and services can be protected. The law protects the consumer from any unfair trade practice adopted by any trader, or defect in goods purchased, or overcharging for goods purchased Company Formation In India.

Under the Indian Consumer Protection Act 1986, a "Consumer" means any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any use of such goods other than the person who buys such goods, for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

hires any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;

"Service" under the Consumer Protection Act means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying of news or other information Start Business In India, but does not include the rendering of any service free of charge or under a contract of personal service.

A consumer can sue in the following cases:

• In case due to any unfair trade practice adopted by any trader, the complainant has suffered loss or damage;

• the goods mentioned in the complaint suffer from one or more defects;

         the services mentioned in the complaint suffer form deficiency in any respect;

• a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods,

The pecuniary jurisdiction for the District Consumer Forum is up to Rs. 5 lakhs. The pecuniary jurisdiction for the State Consumer Forum is more than Rs. 5 lakhs and less than Rs. 20 lakhs. The National Consumer Forum has pecuniary jurisdiction beyond Rs. 20 lakhs. All complaints have to be filed within two years from the date and the cause of action took place.

An appeal lies from the order of the District Consumer Forum to the State Consumer Form and from the State Consumer Forum to the National Consumer Forum. An appeal to the Supreme Court Of India Litigation lies against the order of the National Consumer Forum.