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Niti Bodh (11 Years Exp)
SC - Writ Petition (Show More)
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Contact Details
Law Firm Name : Niti Bodh
Country : India
City : West Delhi
Area : Ramesh Nagar
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Practicing Since : 2013
Qualification : BA LLB
About
We are highly determined and diligent professionals with qualitative experience in Legal Practicing and Legal Advisory, Corporate and Commercial Laws; having exposure in multi-faceted domains Legal Advisory, Understanding Legal Concepts & Public & Personal Laws, Contract Management, Client Relationship Management, etc.
| Enrolment No | Enrolment State | Enrolment BAR |
|---|---|---|
| D/843/2014 | Delhi | Bar Council of Delhi |
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Subject : Can a American citizen born in India sell/transfer property to other in india
Question : MRI property in India
Answer by Niti Bodh : There is no restrictions on foreign citizens whether based in India or overseas to sell or purchase land in India. Not only you can purchase land in India after complying all the due procedure as per the Indian laws but can also sell it to anyone who is interested in purchasing your land offering you the market price of such land.
All you have to do is -
1. Get the sale/purchase duly documented as per the Indian laws and thereafter get it registered before the Revenue Department of the concerned area where the land is situated.
2. You have to sell/purchase the land only as per the market price and that price shall not be less than the price mentioned in the revenue books of India to collect tax. If you are intending to sell the land less than the price mentioned in the revenue books then in that case you can sell it only to the government and not to anyone else.
Subject : Regarding changes in the division of residential land between owners.
Question : Dear sir/madam, Near about 800 sq. yards of residential site was purchased from a a person by three sisters 15 years ago and the person who sold the site registered the land portions separately in each one's name. However, we would like to re-allocate the land portions due to some issues. 1) What is the legal procedure to be followed to re-adjust the registered land portions? Should we re-register the land with the new amendments? Some people have suggested an amendment agreement. IS it correct? If it is, please elaborate. 2) Who is empowered to make such changes in the document? Is the mutual agreement of the three sisters (the current land owners) sufficient? Or should the previous owner (who sold us the land) do the registration once again? 3) If any of the current owners want to sell their land portion to any third party, will there be any legal repercussions? Please clarify. Thank you for your time.
Answer by Niti Bodh : There's a difference in between land demarcation and land re-allocation.
Land demarcation - It is a procedure wherein a person moves before the court to get his land properly demarcated and based on that his land size, shape, map etc are corrected in the government's record.
Land re-allocation - Re-allocation of the land can be done in following manners -
(a) Ask the concerned sisters to execute an agreement in among themselves and based on that get the land re-allocated in between themselves. As per the law re-allocation is also considered as selling or exchange of property in between the parties so you have to pay the revenue stamp duty for the same and the agreement will be drafted on the stamp papers valued and decided by the Revenue department of such area where the land is situated.
(b) Since at present the owners of the property is the three sisters so the signatory to this agreement will be three sisters only and you are not required to entangle the one who sold this property 15 years back to these sisters.
(c) Once the agreement is duly executed in among the sisters re-allocating the property then you have to approach the revenue department with the copy of original agreement. Based on that agreement the revenue inspector will make correction in the government records and will rectify the map accordingly.
(d) To complete this entire procedure you do not need to go to court. Had it been a case of land demarcation then the story could have been something else.
Subject : Consumer Protection (Non Advocate) Regulation Act 2014 formed by NCDRC.
Question : I want to know as per consumer protection (non advocate) regulation act 2014 formed by NCDRC, if an advocate has taken accreditation of any state consumer forum on that basis can he appear in National consumer forum?
Answer by Niti Bodh : First among all, this act is not for the accreditation of an advocate but for those who are not registered with any State Bar Council under the Advocates Act, 1961. When you will read the act you will find that it pertains to agent, representative or non-advocate who are not registered with any Bar Council under the Advocates Act.
Further to become an agent, representative or non-advocate as per this act you have to pass a written exam whose passing mark is 40% and then an oral exam whose passing mark is 60%. The Act do not talks about the accreditation at the State and the National level separately. It simply states that this accreditation shall be done under the guidance of National Consumer Dispute Redressal Forum. Over to this, even if you become an agent, representative or a non-advocate for anyone to represent him/her or them before the consumer forum you can't withdraw money as your professional fee. If you wish to withdraw professional fee for the services which you are rendering to your client as an agent, representative or non-advocate you have to seek permission from the NCDRC by writing a letter to them in this regard and they will decide as to how much sum shall be received by you as an agent, representative or non-advocate as your professional fee.
Lastly to clear your confusion as to whether an Advocate is eligible to appear before NCDRC or not without being registered with the Bar Association of NCDRC (if that exist in actual, to my knowledge it do not) then he can appear anywhere and everywhere in this country for his client provided he has a signed vakalatnama in his favour from his/her or them client.
As far as accreditation confusion is concerned at the state and national level I will suggest you to file an RTI before the Ministry of Consumer Affairs to get further clarity over the subject.
