Theme: Money & Property

Checklist for Rent Agreement

In order to safeguard the rights of both tenants/licensee and landlords/licensor, you must ensure that you have a written rent agreement. While finalising this agreement, it is very important to read all the terms mentioned in it.

These terms not only decide your rent amount and security deposit but also covers many other important aspects such as maintenance of the house/property you are leasing, payment of relevant bills, notice period of leaving, etc.

Ensure that the following provisions are present in your agreement (lease or leave and license agreement):

  •  Names of Tenant/Licensee and Landlord/Licensor
  •  Purpose of Agreement
  •  Duration of Agreement
  •  Rent Amount
  •  Date of Payment of Rent
  •  Security Deposit Amount
  •  Maintenance Amount
  •  Assignment of Responsibility of Repairs
  •  List of Furniture/Fittings/Other items
  •  Notice for Termination of Agreement
  •  Notice for Landlord’s Entry into Premises
  •  Declaration to Abide by All Bye-laws of the Society/RWA
  •  Declaration to Not do Illegal Activities
  •  Declaration to Sub-let Only With the Permission of the Landlord/Licensor
  •  Courts to Approach for Dispute Resolution
  •  Rate of Increment of Rent After a Certain Period, if any.
  •  Signatures of Landlord/Licensor or Tenant/Licensee
  •  Signatures of Two Witnesses

Administrator Appointed Executor for a Will

The court has the power to appoint an administrator or an executor who will execute your will if:

  • You haven’t appointed an executor in your will.
  • The executor you appointed is incapable of acting as an executor.
  • The executor you appointed refuses to act as an executor.

If you are the beneficiary of a will which does not have an executor or if the person named does not want to perform the functions, you can apply to the court for appointment of an administrator.

When a person dies without naming an executor in his or her will, one of the beneficiaries in the will has to apply for a grant of letters of administration. The process for the same is similar to that for the grant of probate.

Consumer Complaint Forums

The consumer protection law specifies relevant authorities and complaint forums(( Chapter IV, Consumer Protection Act, 2019.)) that a consumer can approach if their rights(( Section 2(9), Consumer Protection Act, 2019.)) as a consumer are violated. There are three Consumer Disputes Redressal Commissions, at the district(( Section 28, Consumer Protection Act, 2019.)), state(( Section 42, Consumer Protection Act, 2019.)), and national level(( Section 53, Consumer Protection Act, 2019.)). All these forums have the duty to hear the concern of a consumer and ensure that every concern is given due importance(( Section 2(9)(iv), Consumer Protection Act, 2019.)). The jurisdiction of these Commissions is based on:

  1. The value (price) of the goods or services availed
  2. The place of residence of the consumer or seller, or the workplace of one of the parties, or where the dispute began
  3. The place where the person filing the complaint(( Section 2(5), Consumer Protection Act, 2019.)) resides

Complaints must be filed within 2 years since the dispute arose, to be admitted for a hearing at the Consumer Dispute Redressal Commissions(( Section 69(1), Consumer Protection Act, 2019)). The Complaint Redressal Commissions that can be approached for consumer rights violations and the type of matters adjudicated by them are as follows:

District Consumer Disputes Redressal Commission (DCDRC)

The District Commission is a district-level complaint redressal forum that looks into complaints about goods whose value is below Rupees one crore(( Section 35(1)(a)(i), Consumer Protection Act, 2019.)). The Commission accepts or rejects a complaint within a period of 21 days. If the commission does not respond in the specified time, the complaint will be accepted and looked into by the District Commissions(( Section 36(2), Consumer Protection Act, 2019.)). Before rejecting a complaint, the commission must give the complainant the opportunity to be heard. The Commission has the power to order for the removal of any problems or defects from the goods or services availed, or it can order a payment of fine(( Section 39, Consumer Protection Act, 2019.)) as a relief to the complainant. The parties to a case also have the option to file an appeal against the order of the District Commission to the State Commission within 45 days of the District Commission order(( Section 41, Consumer Protection Act, 2019.)). You can find details of the district commissions given in the National Consumer Redressal website.

State Consumer Disputes Redressal Commission (SCDRC)

The State Commission is a state-level complaint redressal forum located at the capital(( Section 42(2), Consumer Protection Act, 2019.)) of the respective state where complaints with respect to goods having value between Rupees 1 crore to 10 crores can be filed. There are about 35 state commissions in the country where complaints, appeals from the District Commission, and cases about unfair contracts are heard(( Section 47(1), Consumer Protection Act, 2019.)). An appeal against the decision of the State Commission can be filed with the National Commission, within 30 days from the date of the order(( Section 51, Consumer Protection Act, 2019.)). Once such an appeal is filed, it is required to be decided within 90 days by the National Commission(( Section 52, Consumer Protection Act, 2019.)).

National Consumer Disputes Redressal Commission (NCDRC): 

The National Commission is the upper-most authority for consumer complaints redressals. It is located at New Delhi(( Section 53(2), Consumer Protection Act, 2019.)). Complaints about goods or services whose value is above Rupees 10 crores, and appeals against the orders of the State Commission or the Central Consumer Protection Authority, can be filed with the NCDRC(( Section 58(1), Consumer Protection Act, 2019.)). An appeal against the decision of the National Commission can be filed with the Supreme Court within a period of 30 days from the date of the order passed(( Section 67, Consumer Protection Act, 2019.)). The orders of the Commission are published on its website. The Commission has the legal right to publish the orders and no proceedings can be brought against the Commission for publishing these orders(( Rule 12(8), Consumer Protection (Consumer Disputes Redressal Commission) Rules, 2020.)). The National Commission portal also provides video instructions pertaining to registration and filing of an electronic complaint through its forum.

Time for deciding complaints

A consumer complaint must be decided by the Commissions within a period of 3 months. This may be extended to 5 months in case there is a requirement for testing of the products/defects(( Section 38(7), Consumer Protection Act, 2019.)).

Appeals for orders passed by Commissions

The order passed by the Commissions are final if they have not been appealed in the specified period of time(( Section 68, Consumer Protection Act, 2019.)). This rule has exceptions, as the Commission can accept cases for which appeals were not filed in the prescribed time.  Besides these provisions, the cases can be transferred from one district commission to another and from one State Commission to another by the State1 and National Commissions(( Section 62, Consumer Protection Act, 2019.)) respectively, if and when the parties apply.

A consumer who has filed a complaint with any of the forums given above, can track their case through the Online Case Status portal. You can ask your lawyer for details of your case number for tracking the case(( Rule 7(2), Consumer Protection (Consumer Dispute Redressal Commissions) Rules, 2020.)).

 

  1. Section 48, Consumer Protection Act, 2019. [↩]

Filing a complaint for Online Bank Fraud

Police Station

When you go to the police station to complain about online bank fraud, they will ask you to file an FIR. You should make sure you give all the information you know about the online fraud that happened to you.

Online Complaint

Besides filing an FIR with the cyber crime cell of a police station, you can also file an online complaint on the Ministry of Home Affairs’ Online Crime Reporting Portal. Register a complaint by providing detailed information about the incident. You can also choose to upload files, like screenshots of the e-mails or messages you received regarding fraudulent transactions.

What should I do if someone encroaches on my property?

If someone encroaches or trespasses on your property or a construction extends beyond the boundary line, there are three ways to resolve it.

Trespass: If someone enters your property:,

  • with the intention to commit an offence or to intimidate, insult or annoy you, or
  • enters lawfully but remains there unlawfully,

it can amount to criminal trespass under the Indian Penal Code(( Section 441 of the Indian Penal Code defines Criminal Trespass.)). You can file a criminal complaint against them.

Demarcation of property: The second option is to demarcate the land, by building walls or fences. It fixes the boundaries of the land, assures the protection of the demarcated land and keeps invaders away.

Civil suit for encroachment of property: The third option is to move an application in a civil court and seek orders against the encroachment. You can ask for a permanent injunction stopping anyone from disturbing your possession of land.

How can I transfer property to an unborn person?

In order to transfer property to an unborn person, you must first transfer the property to a living person, which is usually done through the creation of a trust, until the unborn person comes into existence. This creates a vested interest in favour of the unborn person.(( Section 13 of the Transfer of Property Act, 1882.)) For instance, if A is pregnant with a child, a trust can be created in the interest of the child and this trust will hold the property until the birth of the child. The trustee will essentially act as the unborn child’s proxy until the child is born. To put it simply, the property sits with someone untouched until the birth of the person to whom it was transferred. The trust simply holds the property till that time.

How to file Income Tax Returns?

You can file the Income Tax Return Form with the Income Tax Department in any of the following ways(( What are the different modes of filing income?, FAQs on filing the return of income, https://www.incometaxindia.gov.in/Pages/faqs.aspx?k=FAQs%20on%20filing%20the%20return%20of%20income)):

  • Submitting the return in a paper form (offline) to the income tax office
  • Submitting the return electronically under digital signature
  • Electronically transmitting the ITR data under electronic verification code
  • Electronically transmitting the ITR data, and later submitting the verification of the return

Procedure to file

Income tax returns can be filed manually as well as electronically i.e., e-filing.

Option 1: Manual Filing

For filing returns manually, you need to go to the Income Tax Department’s office to physically file returns. You can locate your nearest tax office here. Ensure that you fill the form completely and provide all the necessary details correctly. ​​​​​​​​​​ITR forms are attachment less forms and, hence, you are not required to attach any document (like proof of investment, TDS certificates, etc. along with the return of income. However, these documents should be kept safely and should be produced before the tax authorities when demanded in situations like assessment, inquiry, etc.

Option 2: Filing Electronically

Electronically filing your tax returns through the Internet or online is an easier process than physically filing returns because you do not need to take an actual print out of the documents. Also, it is a simpler process and can be done for free online through the income tax website.

Electronic filing or e-filing of ITR can happen in two ways: Offline and Online.

In the offline mode, you download the ITR form from the income tax website, fill it offline and then submit it on the website. In the online mode (applicable only for ITR forms 1 and 4), you fill in the form directly online.

Registering a Will

Registering a will is not compulsory. In case you decide to register the will, you may do so personally or through an authorised agent. You have to deposit the will in a sealed cover with your name on it and of your agent (if any), along with a statement of the nature of document to the Registrar of Sub-Assurances of local division. Once the Registrar receives the cover and is satisfied, she will keep the sealed cover in his custody.

Generally, you do not have to pay stamp duty on wills. However, you will have to pay registration fees which will differ in different states. Procedures might also be different.

If you want to recover the will (say for changing it or for revoking it), you may apply either personally or through a duly authorised agent to the Registrar and if the Registrar is satisfied that either you or your agent have applied, she will return it. On your death, a person can make an application to the registrar to allow to get the will or see the contents of the will.

If you’ve made changes to the will through a codicil, you should ideally get it registered in the same manner.