Probability of the legal consultancy:-
1. Knowledge of Prior points before transaction:-
A) Before any transaction requisite knowledge/information that when you are going to transaction about immovable property like-house, plot. Than following information should be collect or inquired:-
- That seller is absolute owner or not.
- Other than seller having any hidden interest or right exist or not.
- Purchased property should be free from all encumbrance/claim.
- It should be ascertain that there is no any claim of other person, means such property should dispute less.
- Seller is competent or not to transfer such property, like that- unsound mine, minor, influence of any other, they have legal necessity or not.
B) Important point in execution or documents: -
- Requisite stamp duty, who is liable to pay?
- Registration is necessary or not?
- Attesting witnesses are required or not?
C) Limitation for filing suit/plaint/applications:
Prescribe limitation for presentation of plaint & application, which are following:-
Sr. |
Kind of Cases |
Prescribed Limitation |
From |
| 1. |
Ordinarily suit for recover money, which is lent. |
3 year |
Day of lent |
| 2. |
Suit for enforcement/performance of contract. |
3 year |
From date of denial to perform a contract. |
| 3. |
Suit for recovery of possession by true owner. |
12 year |
From date of deprivation or possession |
| 4. |
Suit for compensation loss occurred due to fatal accident. |
1 year |
From date of accident. |
| 5. |
Application for compensation in which matter loss occurred due to motor vehicle accident |
None |
NA |
| 6. |
Application for compensation to workman or their legal representative, when loss occurred due to in course of employment. |
2 year, provided that workman commissioner may extend 1 year to file an application due to sufficient cause. |
From date of accident. |
| 7. |
Application for recover wage. |
1 year |
From wage is become payable. |
D) Rights and Duties of Person:-
If any person having right than another person shall be bound with duty towards them. If any person having rights towards another person & another person is not performing their duties than who having rights & what he have legal obligation & how we can performs their duty before Forum & in how much limitation are there, for example- ‘A’ gives 1,00,000/- rupees debt to ‘B’, here, ‘B’ have duty to on demand of ‘A’, ‘B’ give back such debt to ‘A’, this is the right of ‘A’ to recover such debt. Such like that there are many rights which hidden existence to ‘A’. Which is not in knowledge of common men.
Like:-
- Due to unlawful act of any person damages occurred to another person & they have right to get compensation or not.
- Purchased goods are not according to disclose quality, weight, price & quantity. Purchaser have right to obtain depreciate value, weight, quantity & losses if any occurred may be compensated.
If any deficiency in service, which is provided on payment of fee of service. Service obtainer have a right to compensation & order also may be passed to provide a service against service provider.
E) Natural Rights :
- Whose parents, children & wife are unable to maintain himself/herself, they have a right to get allowances for maintenance from son/daughter, father-mother, husband-wife etc.
- Property acquired virtue of succession.
- Right to live & liberty without nuisance as per example live in free from pollution at just like fresh air, water, noise & right to movement anywhere.
On the behalf of the directive principle of a state policy acquire a right to person & their eligibility:-
| Sr. |
Scope |
Eligibility |
| 1. |
Right to allot Government land for the agriculture purpose. |
A person ordinarily livelihood depends on agriculture income & he is a landless person as per definition of RTA. |
Note: - Allotment may be cancelled by District Collector, which is allotted against rules & Allotee is not eligible for allotment prior to confirmation of Khatedari rights.
| 2. |
Allotment for dwelling house at Government land. |
Person should be tenant. |
Note : Every Khatedar shall have right to allot their land for dwelling house as per section 31 RTA, & power of such allotment is given to Tehsildar as per rules of Government.
| 3. |
Every person who is in group of Artisan, member of SC, ST & weaker section, they shall have right in a Nazul land for residential house.
|
They have no any residential house anywhere. |
Note : - Allotting authority is in village area is Panchayat & in Urban area municipal corporation, municipal council, municipality & UIT/development authority as per Rajasthan Panchayati Act, Rajasthan Municipal Act, Rajasthan UIT Act.
| 4. |
Allotment of Government land for School, dispensary & other public utility services. |
|
| 5. |
Allotment of Government land for Industries. |
|
Note :- Allotment Authority- Collector. Rajasthan Industrial Investment Corporation.
| 6. |
Conversion of property from Agriculture to un-agriculture & right of conversion to use the land-
A)From agriculture to Residential
B) From agriculture to commercial,
C) From agriculture to another purposes. |
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