Meaning of INTESTATE:

INTESTATE. One who, having lawful power to make a will, has made none,
or one which is defective in form. In that case, he is said to die
intestate, and his estate descends to his heir at law. See Testate.
2. This term comes from the Latin intestatus. Formerly, it was
used in France indiscriminately with de confess; that is, without
confession. It was regarded as a crime, on account of the omission of
the deceased person to give something to the church, and was punished by
privation of burial in consecrated ground. This omission, according to
Fournel, Hist. des Avocats, vol. 1, p. 116, could be repaired by making
an ampliative testament in the name of the deceased. See Vely, tom. 6,
page 145; Henrion De Pansey, Authorite Judiciare, 129 and note. Also, 3
Mod. Rep. 59, 60, for the Law of Intestacy in England.

A Law Dictionary, Adapted to the Constitution and Laws of the United
States. By John Bouvier. Published 1856.

TRANSFER OF PROPERTY ACT,1882 - Part IV

16. Transfer to take effect on failure of prior interest
Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, any interest created in the same transaction and intended to take effect after or upon failure of such prior interest also fails.

17. Direction for accumulation
(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than-

(a) the life of the transferor, or

(b) a period of eighteen years from the date of transfer,

such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed.

(2) This section shall not affect any direction for accumulation for the purpose of-

(i) the payment of the debts of the transferor or any other person taking any interest under the transferor; or

(ii) the provision of portions for children or remoter issue of the transferor or of any other person taking any interest under the transfer; or

(iii) the preservation or maintenance of the property transferred,

and such direction may be made accordingly.

18. Transfer in perpetuity for benefit of public
The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety or any other object beneficial to mankind.

19. Vested interest
Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer.

A vested interest is not defeated by the death of the transferee before he obtains possession.

Explanation : An intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person.

20. When unborn person acquires vested interest on transfer for his benefit
Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.

The Government has started a unique facility of submitting RTI applications and fees online. The portal — www.rtionline.gov.in

GUIDELINES FOR USE OF RTI ONLINE PORTAL

This Web Portal can be used by Indian citizens to file RTI application online and also to make payment for RTI application online. First appeal can also be filed online.

At present, an applicant who desires to obtain any information under the RTI Act can make a request through this Web Portal to the following Ministries/Departments.
(i). Department of Personnel and Training (DoPT)
(ii).Ministry of Home Affairs
(iii).Department of Agriculture and Cooperation
(iv).Department of Animal Husbandry,Dairying and Fisheries
(v).Department of Consumer Affairs
(vi).Department of Food and Public Distribution

On clicking at "Submit Request", the applicant has to fill the required details on the page that will appear.

The fields marked * are mandatory while the others are optional.

The text of the application may be written at the prescribed column.

At present, the text of an application that can be uploaded at the prescribed column is confined to 500 words only.

In case an application contains more than 500 words, it can be uploaded as an attachment, by using column

"Supporting document".

After filling the first page, the applicant has to click on "Make Payment" to make payment of the prescribed fee.

The applicant can pay the prescribed fee through the following modes:
(a)Internet banking through SBI and its associated banks;
(b)Using credit/debit card of Master/Visa.
Fee for making an application is as prescribed in the RTI Rules, 2012.

After making payment, an application can be submitted.

No RTI fee is required to be paid by any citizen who is below poverty line as per RTI Rules, 2012. However, the applicant must attach a copy of the certificate issued by the appropriate government in this regard, along with the application.

On submission of an application, a unique registration number would be issued, which may be referred by the applicant for any references in future.

The application filed through this Web Portal would reach electronically to the "Nodal Officer" of DoPT, who would transmit the RTI application electronically to the concerned CPIO.

In case additional fee is required representing the cost for providing information, the CPIO would intimate the applicant through this portal. This intimation can be seen by the applicant through Status Report or through his/her e-mail alert.

For making an appeal to the first Appellate Authority, the applicant has to click at "Submit Appeal" and fill up the page that will appear.

The registration number of original application has to be used for reference.
As per RTI Act, no fee has to be paid for first appeal.

At present, an applicant/the appellant can see the following status :
(i) Application filed on..
(ii)Additional fees, if required..
(iii)Appeal filed on..
(iv)Replied on..

The applicant/the appellant should submit his/her mobile number to receive SMS alert.
All the requirements for filing an RTI application and first appeal as well as other provisions regarding time limit, exemptions etc., as provided in the RTI Act, 2005 will continue to apply.

TRANSFER OF PROPERTY ACT,1882 - Part -III

CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

11. Restriction repugnant to interest created
Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction.

Where any such direction has been made in respect of one piece of immovable property for the purpose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transfer or may have to enforce such direction or any remedy which he may have in respect of a breach thereof.

12. Condition making interest determinable on insolvency or attempted alienation
Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavoring to transfer or dispose of the same, such condition or limitation is void.

Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.

13. Transfer for benefit of unborn person
Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.

Illustration

A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in the property.

14. Rule against perpetuity
No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong.

15. Transfer to a class, some of whom come under sections 13 and 14
If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14, such interest fails in regard to those persons only and not in regard to the whole class.

LEGAL INDIA : Legal Update

---

• CBI officer to be questioned for 3 days on bribe
• Crying need for judicial reform, more judges and better infrastructure
• Ghaziabad eases land policy for weaker sections
• Saradha boss, aide sent to police custody in new case
• Land acquisition bill will lead to corporatization: Activists

CBI officer to be questioned for 3 days on bribe Posted: 19 May 2013 04:46 AM PDT A Delhi court Saturday sent Vivek Dutt, a CBI officer heading the probe into the allocation of coal blocks, to the custody of the probe agency till May 21 for allegedly taking a bribe of Rs.7 lakh from a businessman for settling a land dispute. Central Bureau of Investigation (CBI) Special Judge V.K. Gupta sent  [ Read More ]

Crying need for judicial reform, more judges and better infrastructure Posted: 19 May 2013 04:51 AM PDT Justice delayed is justice denied. Nowhere this rings truer than in India where a staggering 30 million cases are said to be pending in the country’s courts today. And to tackle this intimidating problem requires comprehensive judicial reform, more judges of quality and improvement of the judicial infrastructure, jurists say. “We need more quality judges  [ Read More ]

Ghaziabad eases land policy for weaker sections Posted: 19 May 2013 04:42 AM PDT The Ghaziabad Development Authority (GDA) has liberalised its policies to benefit small land holders, farmers and economically deprived section of the society, an official said Thursday. GDA chairman Santosh Yadav said under the new rule even a building built-in an area of 90 square metres can be raised to a height of 15 metres (four-storeys).  [ Read More ]

Saradha boss, aide sent to police custody in new case Posted: 19 May 2013 04:57 AM PDT A West Bengal court on Sunday sent Saradha Group promoter Sudipta Sen and a close aide to 10 days’ police custody in a new case against them. Sen and senior company official Arvind Chauhan were sent to police custody by a South 24 Parganas court. A North 24 Parganas court Saturday had sent the duo  [ Read More ]

Land acquisition bill will lead to corporatization: Activists Posted: 19 May 2013 04:54 AM PDT While political consensus on the land acquisition bill, hailed as one of the most important reform measures, has been worked out, civil society activists are unhappy with its provisions and say it will lead to “corporatization” of land. They also say it lacks provisions for rehabilitating the displaced. Activists say the new bill is a  [ Read More ]

You are subscribed to email updates from LEGAL INDIA To stop receiving these emails, you may unsubscribe now.	Email delivery powered by Google
Google Inc., 20 West Kinzie, Chicago IL USA 60610

LEGAL INDIA : Legal Update

---

• Mumbai underworld involved in IPL spot-fixing: Police
• Aarushi case: Rajesh Talwar records statement
• IPL spot-fixing: Sreesanth seeks copy of FIR
• NHRC notice to police officials over woman’s death in UP
• Man gets eight years jail for repeatedly raping daughter
• Resist political pressure or pay for it, SC tells co-op registrars

Mumbai underworld involved in IPL spot-fixing: Police Posted: 18 May 2013 01:38 AM PDT Pakistani links and the involvement of the Mumbai underworld have surfaced in the investigations into spot-fixing in Indian Premier League (IPL) matches in which Indian fast bowler S. Sreesanth and two of his Rajasthan Royals teammates have been arrested, police said Thursday, adding more arrests are expected. Sreesanth, Ankeet Chavan and Ajit Chandila and 11  [ Read More ]

Aarushi case: Rajesh Talwar records statement Posted: 18 May 2013 02:36 AM PDT Recording his statement in the Aarushi-Hemraj murder case, accused and Aarushi’s father Rajesh Talwar Friday answered questions raised by the court from the evidence of the witnesses. To the about 180 questions asked, Talwar either denied the allegations or alleged the prosecution was trying to influence the witnesses, deviating from original statements recorded under section  [ Read More ]

IPL spot-fixing: Sreesanth seeks copy of FIR Posted: 18 May 2013 02:08 AM PDT India fast bowler S Sreesanth, arrested and being quizzed for alleged spot fixing in the Indian Premier League (IPL), Friday moved a Delhi court seeking a copy of the FIR registered against him. The application, filed before Chief Metropolitan Magistrate (CMM) Lokesh Kumar Sharma, asked for a copy of the FIR for preparing his defence.  [ Read More ]

NHRC notice to police officials over woman’s death in UP Posted: 18 May 2013 02:19 AM PDT The National Human Rights Commission (NHRC) has sought reports from the Ghaziabad police and Government Railway Police over the death of a woman who was allegedly pushed off a train with her infant daughter. The commission has issued notices to the senior superintendent of police (SSP) Ghaziabad, and the SSP of the city’s railway police,  [ Read More ]

Man gets eight years jail for repeatedly raping daughter Posted: 18 May 2013 02:04 AM PDT A Delhi court on Friday sentenced a man to jail for eight years for repeatedly raping his 17-year-old daughter and threatening her not to disclose the incident to anyone. Pronouncing the sentence, Additional Sessions Judge TR Naval said the one who was supposed to protect his daughter, had repeatedly committed the crime when her mother,  [ Read More ]

Resist political pressure or pay for it, SC tells co-op registrars Posted: 18 May 2013 01:54 AM PDT The Supreme Court Thursday said that the registrar or the joint registrar of co-operative societies should resist political pressures and if they choose to succumb to it then they would be personally liable to bear the cost of litigation that would arise out of their decisions inspired by extraneous considerations. “Registrar/joint registrar shall not act  [ Read More ]

You are subscribed to email updates from LEGAL INDIA To stop receiving these emails, you may unsubscribe now.	Email delivery powered by Google
Google Inc., 20 West Kinzie, Chicago IL USA 60610