Power of Attorney

Power of Attorney is a written document in which one person (the principal) appoints another person to act as an agent on his or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal.

SAMPLE GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT, WE,
       
1. ..........., aged about ... years, S/o .......,
       
2. ..........., aged about....years,

3. ........., aged about 9 years,
  No: 3 is minor child of No: 1 in the above, he/she is represented by her/his father as natural guardian, all are R/at .............& District.

  WHEREAS the immovable property more fully described in schedule herein below “hereinafter referred to as the schedule property” situated in .............. District, belongs to us.

AND WHEREAS as we are residing in abroad and on account of that it is not possible for us personally to maintain and look after the schedule property. So, it has been deemed expedient for us to appoint an attorney for the said purpose of executing necessary papers, documents, with regard to schedule property and other purposes mentioned here below,


NOW THESE PRESENT WITNESSES THAT, WE, the above –named .................., and also on behalf his minor child, .........,- do hereby nominate, constitute and appoint his Cousin brother Mr. ..................., aged about..... years, S/o ............, R/at.....
........................ & District, as our true and lawful attorney, in our name and on our behalf, of the several acts, deeds, powers, matters and things herein below mentioned, that is to say;

1. To manage, improve and look after the schedule property in all respects.

2. To protect and avoid trespass of the third party – stranger to the schedule property for that purpose  to sign and execute all applications, papers and documents and to swear affidavits in that regard on our behalf.

3. To represent us in and before all Courts, Income-Tax Department, Panchayath and other local bodies, BESCOM, BBMP, and all other  state, Central Government and Semi Government departments, Police station  and to carry on all correspondences and dealings on our behalf with state or Central Government, Semi Government, Revenue, Taluk Office, Assistant Commissioner’s Office, Deputy Commissioner’s officer or any other departments, Local Authorities, Corporation, Tribunals, Companies, Firms, Persons and individuals.

4. To commence and to carry on or to defend all actions, suits, revisions, writ petitions, executions and other civil, criminal and revenue proceedings touching the schedule property may in any way be involved; to sign and verify plaints, written-statements, petitions and claims and objections, memorandum of appeals, revisions and applications of all kinds, statements and returns and to file them into courts and in fact to do all that may be necessary for the proper conduct of the cases and proceedings on our behalf; to deposit moneys in the court and to withdraw the deposit from court, to produce documents, to swear affidavits, to give evidence, to appoint Advocate or Advocates or any other legal practitioners for the purposes of filing and conducting the aforesaid cases on our behalf and to compromise, compound, or withdraw cases or to confess judgment and refer the cases for arbitration and Lok Adalath.

5. To construction of Residential Premises or put a compound wall, and carry out all sorts of works, constructions, repairs, renovations, demolitions and reconstructions of buildings, dig well in the schedule property or any part thereof from time to time and for that purpose to prepare maps, plans, get them approved and sanctioned from the concerned authorities and to engage Architects, Contractors and Labourers, to enter into contract/s with them and sign the same for the execution of the work and to apply for license or permission for the said purpose to the concerned authorities.

6. To represent us specifically with regard to the proceedings of the Land Acquisition for expansion of ............. in the Office of the Land Acquisition officer and other related offices for that purpose in respect of the schedule property. To produce necessary documents, papers, applications, affidavits, bonds with regard to the proceedings of the Land Acquisition to the concerned office/s in respect of the schedule property.

7. Generally to do all lawful acts those are necessary for effectually carrying out Land Acquisition Proceedings of the Schedule property and to stand as representative on our behalf and for effectually carrying out other aforesaid purposes as we could do if we were personally present.

8. To pay assessment, cess, taxes relating to the schedule property and premises on our behalf.

9. To receive all notices, registered letters and articles addressed in our name.

10. Generally to do all lawful acts except - for - sale, encumber, Mortgage and alienation – that are necessary for effectually carrying out the aforesaid purposes and other purposes as I could do as if I am personally present.

AND we hereby agree that all acts, deeds and things lawfully done by our aforesaid attorney shall be constructed as acts, deeds and things done by us and we hereby undertake to rectify and confirm all and whatsoever that our aforesaid attorney shall lawfully do or cause to be done for us by virtue of the powers hereby given.

SCHEDULE PROPERTY
Immovable property situated at ............., held on absolute right, bearing.........
together with the right of way, water and all other amenities, improvements standing thereon and all other appurtenances relating thereto.

IN WITNESS WHEREOF WE have signed this General Power of Attorney deed on this the ....th Day of ........2016.                  

Succession of property under Muslim law.

Succession of property under Hindu Law

Sec.8. General rules of succession in the case of males.-

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-

(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and

(d) lastly, if there is no agnate, then upon the cognate of the deceased.

Sec.9. Order of succession among heirs in the Schedule.-

Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.

Sec.10. Distribution of property among heirs in class 1 of the Schedule. -

The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.- The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Sec.12. Order of succession among agnates and cognates.-

The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:

Rule 1- Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Rule 2.- Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.

Rule 3.- Where neither heirs is entitled to be preferred to the other under

Rule 1 or Rule 2 they take simultaneously.

Maintainance of wives, children and parents

Section 125 of Criminal Procedure Code:
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) His father or mother, unable to maintain himself or herself,
A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of' sufficient means.

Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]
Explanation. For the purposes of this Chapter.
(a) Minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;
(b) "Wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]
(3) If any Person so ordered fails without sufficient cause to company with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to just ground for his wife's refusal to live with him.
(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to, live with her, husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Marriage and Divorce under Christian Law

Marriage and Divorce under Muslim Law

Fundamental Duties

Art.51A. Fundamental Duties:

It shall be the duty of every citizens of India-

(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) To cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) To uphold and protect the sovereignty, unity and integrity of India;

(d) To defend the country and render national service when called upon to do so;

(e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) To value and preserve the rich heritage of our composite culture;

(g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) To safeguard public property and to abjure violence;

(j) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.]

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Provisions as to fundamental duties cannot be enforced by writs. They can be promoted only by constitutional methods. But they can be used for interpreting ambiguous statutes; See Mumbai Kamgar Sabha v. Abdulbhai, AIR 1976 SC 1455; Surya v. Union of India, AIR 1982 Raj 1.

Fundamental Rights

Fundamental Rights:

Our Constitution provides fundamental rights to every citizens of India under Art.14 to 32 as follows:

14. Equality before law.
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-

(a) Access to shops, public restaurants, hotels and places of public entertainment; or

(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

16. Equality of opportunity in matters of public employment.

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointment or posts in favour of any backward class of citizen which, in the opinion of the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the State from making any provision for reservation 4[in matters of promotion to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]

(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

17. Abolition of Untouchability.

Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability rising out of Untouchability shall be an offence punishable in accordance with law.
19. Protection of certain rights regarding freedom of speech, etc.

(1) All citizens shall have the right-

(a) To freedom of speech and expression;

(b) To assemble peaceably and without arms;

(c) To form associations or unions;

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India; and

(g) To practise any profession, or to carry on any occupation, trade or business.


20. Protection in respect of conviction for offences.

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

21. Protection of life and personal liberty.

No person shall be deprived of his life or personal liberty except according to procedure established by law.


22. Protection against arrest and detention in certain cases.

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

32. Remedies for enforcement of rights conferred by this Part.

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution