Let me begin with the disclaimer that there’s nothing legal in this blog. As we develop into more modern civilization we start becoming more complex although we keep harping that we are trying to make life and living simple. We want absolute right of freedom of speech and expression at one end of the wanting stick and absolute “discretionary” privacy at the other end of the stick. Why discretionary, because it depends on my choice when to exercise it and when not to. Ok so by asking for right to privacy, we are trying make North and South meet. Will we succeed? Let’s find out. Basically, we all are animals; hence it makes it makes lot of sense to start from the basics. In the animal kingdom, the right of privacy is exercised by making a demarcation by the animals. And how do animals do that? By urinating and leaving potty marks. And bingo, the other animals (of the same species usually) do respect that and do not try to invade the territory so marked. So, the privacy rights do exist as per the jungle laws. We humans, as we became less animalistic (more is few cases), started to build societies to have more securities, especially the group security, security from wild animals, natural disasters, security for food as collectively we could procure more and save more. The wise men understood that if human species has to survive it has got only one way and that is to live as one unit. Well, it is fine to stay as one unit then but then it has its own costs. When the inter-dependency increases, the sharing goes up. And you share not only the food but your home (cave initially), your rituals, stories, pains and personal space too. So, as we started becoming more, so called, civilized we agreed in principle to let our privacy go away as we bargained better comforts of life for privacy. We all were leading a happy life until Europe became more civilized and invented language, writing language. As the fate would have it, during the chilly winters of Europe when one can’t do anything, they started writing on matters which were important, sometimes, and on matters which merely served the fantasies of the writers from the civilized world. Ironically, when nothing can be fertile during the icy winter, the human mind has weird powers to become fertile. And not to forget, the whisky makes it ‘more’ versatile. Thanks to European winters and whisky that we got the revolutionary idea of human rights and rights related to being a human. (It’s my one of the favourites that some human comes and talks about my human rights. I wish some alien or may be a god would have told that.) Anyways, with industrialization human society got food security and security from animals hence they started desiring something special. That special was “right to privacy”. Great, I like that as a concept but find it to be a fallacy at the core of it. I do not want people to know how do I wash my clothes but want to flash the brand of underwear that I am wearing. I don’t want anyone to notice me when I am moving on the street but want to drive the loudest bike in the city. I don’t want anyone to peep into my car unless I have some good-looking co-passengers in it. I don’t want anyone to say a word to me but desire for thousand likes on the photo that I share on social media. I don’t anyone to peep into my bedroom and find out what pajama I am wearing but don’t you forget to comment on the beach dress that I am wearing in the photo. The second part of fallacy. The government agencies know everything about us. They take away our hard earned and private money as taxes, but can we say anything against it. Please don’t get flabbergasted, to some money matters are quite private and equivalent to right to privacy. There are three entities who know everything about us. One the government agencies, two the internet and third the next door neighbour. There is no secret that one can hide because one or the other entity knows about it. And not to forget the CCTV cameras who is the biggest “know it all” guy. The third part of fallacy is that by asking for absolute privacy rights we are trying to make the poles meet which cannot happen. Privacy as a concept has been developed on the basis of gender, religion, community, geography and climate. And unless there is uniformity we cannot have one shirt fits all policies. Privacy as a matter of right has many shades of sensitivity. What may be private to you may not be to me and vice and versa. The mute question remains open that how do we grant absolute value to something when at the very core of it, it is supposed to be relative. And since right to privacy is relative in nature, I guess, right to privacy cannot be an absolute right.
Posted On : July 29, 2017
Right to privacy – can it be an absolute right?
Written By : admin
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Dear client, a) Obtaining an absolute sale deed: Typically, the absolute sale deed is issued by the relevant authority, such as the Bangalore Development Authority (BDA) or the local municipality. To obtain the deed, you would need to follow the legal procedures prescribed by the authorities and provide the necessary documentation. b) Applicants for the absolute sale deed: The legal heirs of your late father would generally have the primary right to apply for the absolute sale deed. However, the participants in the development agreement who have undivided land share may also have a claim to apply for the deed. It's advisable to consult with a lawyer to determine the best course of action based on the specific circumstances and legal requirements. c) Procedure and cost: The procedure and cost involved in obtaining an absolute sale deed can vary depending on factors such as the jurisdiction, the specific property, and the applicable laws and regulations. The lawyer or legal professional you consult will be able to guide you through the procedure and provide an estimate of the costs involved.
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It is necessary to scrutinize that Will as a whole for its scope,meaning and effect along with relevant fact of the case. Please take note if you are willing to challenge that Will,then it is extremely necessary on your part to proceed on the basis of proper legal opinion.
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Dear Client, You may approach the BDA (Bangalore Development Authority) office to obtain a copy of the Absolute Sale Deed for the site allotted in 1997. Typically, such documents are maintained by the BDA for their allotted properties. Provide them with the relevant details, including the site allotment information and your status as one of the legal heirs. It's advisable to carry supporting documents such as the Encumbrance Certificate that contains details of the Absolute Sale Deed. In case the records are not available at the sub-registrar's office, the BDA office should be able to guide you on the process of obtaining the required documents. Legal heirs often have the right to access such property-related records, and the BDA office should assist you in retrieving the Absolute Sale Deed copy. If necessary, consult with a legal professional to ensure you follow the correct procedure in obtaining this crucial document.
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Dear Sir, Yes, it is okay and in the meanwhile after registration get the copy of General Power of Attorney in original and ask the original owner to cancel it by issuing paper publication and in the registration office if it is registered.
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Dear Client, A registered gift deed, where a parent transfers ownership of a self-acquired flat to their only child, does provide significant legal protection to the new owner. Under Indian law, specifically the Transfer of Property Act, 1882, and the Registration Act, 1908, a registered gift deed is a legally binding document that establishes the absolute ownership of the donee (the child). This means the child has full legal rights to the property, making any attempt by miscreants to claim, threaten, or illegally possess the property a criminal offense. Additionally, being a member of a Cooperative Housing Society (C.H.S) offers further protection, as any transfer of ownership is typically recorded with the society, providing an additional layer of legitimacy and defense against wrongful claims. However, it is advisable to keep all property documents in order and report any threats to the local authorities to ensure personal safety and property protection.
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