Mentoassociates.com – Legal Articles

Courts are empowered for appointment of receivers for the management and protection of any property. The Court can remove a person from the possession or custody of any property and can commit the said property to the custody, management and possession of the receiver, appointed by the Court. Normally the court appoints the receiver for the management of the property, when it appears to the court that the property may be mismanaged or lowered in its worth in the custody of the present possessor. The receiver may be appointed before or after decree is passed in a case pending before the court.

The following are the powers of a receiver appointed by the Court:
a) To bring and defend suits
b) To realize, manage, protect, preserve and improve   property.
c) To collect rents and profits and to apply and dispose rents and profits of the property and to execute documents as     the owner himself has.
d) Other powers, the Court deems fit.

The receiver is entitled for remuneration as fixed by the court for the services rendered by him.
The following are the duties of the receiver:
a) To furnish security if the court thinks fit, duly to account for what he shall receive in respect of the said property.
b) To submit the accounts.
c) To pay the amount due from him.
d) To be responsible for any loss caused to the property by his willful default or gross negligence.    

A transaction in which property is transferred to one person for a consideration paid or provided by another person is called Benami transaction. The Benami Transaction (Prohibition) Act, 1988, prohibits Benami transactions.
The following are not Benami transactions:
a.Purchase of property by any person in the name of his wife or unmarried daughter.
b.The securities held by a depository as a registered owner.
c.The security held by a participant as an agent of depository.

A person who enters into a Benami transaction is liable for imprisonment for a term which may extent to 3 years or with fine or with both. A real owner cannot file a suit for the property against the Benami owner. However, a coparcener in a Hindu undivided family can enforce his rights in the property which is held for the benefit of the coparceners in the family.The government can acquire all properties which are held Benami without any compensation amount being paid.When a trustee or other person in a fiduciary capacity holds property for the benefit of another person, the same cannot be said to be a Benami transaction.

An agreement which is not enforceable by law is said to be a void agreement. An agreement which can be enforceable by law is said to be a contract. The Indian Contract Act, 1872, enlists the following cases as void agreements.

1) All agreements are void if considerations and objects are unlawful. The consideration or objects are unlawful, if it is forbidden by law, is fraudulent, involves injury to the person or property of another, is immoral, is against public policy or has tendency to defeat the provisions of any law.
2) An agreement without consideration is void unless it is in writing and registered and is made between closely related parties on account of natural love and affection.
3) Agreement in restraint of marriage, other than that of a minor, is void.
4) Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extend void.
5) Agreement by which any party is barred from enforcing his rights through legal proceedings is void.
6) When there is no certainty in the agreement, the same is void
7) Agreements by way of wager are void.
8) Contingent agreements on impossible events are void.
9) Where both the parties to an agreement are under a mistake as to a matter of fact essential to an agreement, the agreement is  void.

There are about 20 million People of Indian Origin found all over the world. A PIO is one who has held an Indian passport anytime earlier or whose parents or grandparents or great grand parents were citizens of India having born and permanently resided here. However citizens of Pakistan and Bangladesh cannot be a PIO.

The Government of India started the PIO card scheme with effect from 31-03-99. As per a union home ministry 2002 notification, PIO card is provided even to foreign nationals married to Indian citizens or PIO. There is an international association of PIO called Global Organization of People of Indian Origin (GOPIO). 

There are several advantages for a person with a PIO card. They are entitled for visa free entry into India, have equal rights as NRI over property matters, their children can study in Indian institutions under NRI category. They need not report their presence in FRRO (Foreigners Regional Registration Office) up to 180 days. After 180 days, they need to report their presence to the nearest FRRO, within 30 days. However they have no political or voting rights in India.

PIO who are out of India can apply for the PIO Card, through concerned Indian embassy/High commission /Consulate. Those who are in India on a long term visa for more than one year can apply through concerned FRRO at Delhi, Mumbai, Chennai and Calcutta. Those living in other areas can apply to Joint Secretary (Foreigners), Ministry of Home Affairs located at 1st floor, Loknayak Bhavan, Khan Market, New Delhi. Citizens of Pakistan and Bangladesh cannot get PIO card. Government can reject an application without assigning any reason.

Documents required may include:
A) For applications based on spouse:
a) Original Indian passport of wife/husband
b) Original PIO card of husband / wife
c) Original marriage certificate

B) For applications based on PIO definition:
a) Parent’s birth certificate
b) Grand Parent’s or Great Grand parent’s birth certificate 
Apart from this there may be other documents asked by the authorities at the time of filing of the application.