Menu
keyboard_backspace
Consult and get Expert Advice on Trust and Society NGO Laws matters from the best Trust and Society NGO Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.

Get Expert Advice Online
from Top Trust and Society (NGO) Lawyers
in India

Read Blogs to get more Insights

Property Is The Root Cause of Family Dispute - Set...

Movable and immovable properties constitute wealth and the root cause of family disputes across the spectrum of households at every stratum from subsistence or marginal to opulent families invariably get embroiled in disputes over property matters and that makes occurrences of property disputes quite common in India. The natural solution for the vast majority of disputing families is dragging the issue to courts rather than opting for an out-of-court settlement. What the vast majority of people fail to realize is that given the fact that the process is long-drawn and expensive, the courts cannot provide assurances of a favorable outcome eventually. Therefore, for a quick resolution of the matter, opting for an out-of-court settlement amongst the family members is far more advisable and in fact, recommended. What exactly is Family Settlement?Briefly, a family settlement is essentially an agreement between family members mutually working out the distribution of the sale proceeds amongst each other. All parties to the out-of-court settlement ought to be relations and claimants to the wrangled property’s share. Claims aren’t restricted to real estate or immovable property and can go beyond real estate to movable properties including jewelry or cash/cheque deposits in bank accounts. A family settlement ideally is for settling common or jointly-owned property that belongs to the family rather than individually inherited property or property acquired by oneself.Family Settlement Agreement for Partitioning of Property Any written agreement amongst family members is referred to as a family settlement, usually made to avoid taking property issues to court and partitioning the family property amicably with mutual consent. The format for family settlement agreement is the same as a partition deed. Furthermore, registration and stamping aren’t required for a family settlement agreement. All family members ought to voluntarily and of their free will sign a family settlement agreement without instances of fraud perpetrated, coercion or any family member pressurizing. Besides, it's unnecessary to draft a family settlement agreement in writing as executing the agreement is possible either through a compromise or by family members settling mutually.  Unique Selling PointsAnyone can avoid long-drawn, public and tedious court wrangles Faster, and far more amicable way of resolving court disputes ProcedureA family settlement is a conciliatory process involving a third person, who is a property lawyer or a senior family member, aiding and abetting the family to find a mutually acceptable solution to the property wrangle.A family settlement may not be the one and only legal document with the distribution of the property also mentioned; in fact, it could be one of many in a series of documents throwing light so to speak on each and every family member’s property rights. According to the provisions of the Income Tax Act, a family settlement is neither a gift nor a transfer of property. Hence, the exclusive transfer of property documents would need to be prepared besides the family agreement in making a real transfer of property. The property tax aspect must be considered while making a decision on the transfer of property. Partition/Settlement Suit In Family Disputes In IndiaPrior to filing a partition suit in court for the partition of property, a legal notice ought to be sent to the other co-owners of the property intimating them about the impending partition or settlement of the family property. Stating the shares of each co-owner can be found on the legal notice along with the details of the disputed property in its entirety as well as the required action to be taken. Not replying at all to the legal notice or the co-owners sending inadequate replies would result in filing a partition suit in the court.A partition suit is essentially the filing of a court case in instances of disagreements amongst co-owners about the terms and conditions of division of property, and co-owner(s) intend on partitioning the property based on their shares. A partition suit is filed in the court with jurisdiction over the location area of the property.The court has to first establish as to whether the person filing the partition suit can stake a claim on the property or not. As soon as the claimant establishes his/her share without any further inquiries required, individual right to ownership of the property may be assigned to the co-owners.If it's impossible to partition the property merely based on the partition suit, the court’s order, in that case, would be conducting an inquiry into the matter and making a preliminary decision of appointing a Commissioner who would be evaluating the property and submitting a report. Thereafter the court establishes each co owner’s share according to the report and partitions the property based on the share of each co-owner.Can Self-Acquired Property go for Family Settlement?Executing settlement of self-acquired property during the lifetime of the acquirer is impossible. However, simultaneously, the self-acquired property automatically devolves as a part and parcel of the ancestral property after the property owner's death. Nonetheless, the person may assign the self-acquired property through his/ her will to any the person he desires. Legal RequirementsEven if there is a consensus, it's not enough; as there are quite a few legal formalities that need to be completed to ensure that there is a valid agreement.All family members involved must sign the settlement document. If a signature is missing then that could easily be the cause for throwing a challenge in a court of law; at future date.To be safe, attestation of the document by two witnesses is essential although it's not mandatory. RegistrationThe next step is registering the agreement. According to Section- 17 of the Indian Registration Act, a family settlement that aims to assign immovable property must be registered as a mandatory requirement or else the deed would be invalid. Applying Stamp duty to such deeds is the norm and the amount of stamp duty varies based on the value of the said property. Binding FactorWhile a family settlement that has been duly executed is irrevocable, the only exception being through a decree from the court, it can be challenged though, based on specific circumstances that may exist.The fruition of an agreement through fraud or coercionTweaking of vital facts regarding the disputed property’s title as well may result in inviting trouble.Faulty execution.Heeding these commonly occurring tripwires while drafting an agreement would result in a flawless, amicable and mandatory family settlement, benefiting one and all.

Posted By

Avik Chakravorty

3 hours ago

Laws Related to Registration of Property Transacti...

In the case of immovable property, mandatory registration of property purchase and sale documents are essential ensuring proof of ownership, fraud prevention and assurance of title.Under The Indian Registration Act, there is legislation for property registration in India known as the law of registration of documents that makes it a mandatory requirement to register key documents for the recording of evidence, fraud prevention and assured title transfer. Property Documents Necessitating Mandatory RegistrationRegistration of property or property registration in India in accordance with Section 17 of the Registration Act, 1908, is mandatory in case of transactions involving immovable property sale for an amount in excess of Rs. 100. What this essentially means is that all immovable property sale transactions must be registered since a mere Rs. 100 cannot possibly be the purchase price of immovable property. Furthermore, a gift of immovable property, as well as lease for a period in excess of 12 months are essentially transactions that require registration.In special circumstances, if any of the parties to the transaction is unable to be physically present at the sub registrar's office, then, in that case, any of its officers may be deputed by the sub-registrar for acceptance of the registration documents at the buyer’s residence. Included in ‘immovable property’ are land, buildings and any attached rights to these classes of properties.Procedure and Documents Required for Registration of PropertyAs registration of property documents are mandatory it's worth knowing what the procedure for registration of property entails. Firstly, the documents have to be submitted to the office of the Sub-Registrar of Assurances within the jurisdiction of the location of the transferrable property by the property lawyer. Thereafter both the authorized signatories of the seller and the purchaser, need to be physically present with their proof of identities including Aadhar card, PAN card or any other government authority issued ID proof along with two witnesses, for the purpose of registration of property documents.All designated authorized signatories ought to produce the power of authority if in case they are representing someone on their behalf.  If however, in the case of a company the company is one of the parties in the agreement, the company representatives ought to have all necessary documents with them including the letter of authority, and along with that a copy of the company board’s resolution granting authority to execute the registration. The designated authorized signatory ought to show the property card to the sub-registrar and in addition to that all original documents and proof that stamp duty has indeed been paid. Prior to registration of property documents, verification would be done by the sub-registrar as to whether or not the required stamp duty for the property has been paid, according to the ready reckoner for stamp duty.  Any deficit in the stamp duty would result in the registrar declining registration of property documents. Time Limit and Fees to be Paid for Property Registration ?All documents that need mandatory registration ought to be presented by the property lawyer no later than 4 months from their execution date along with the prescribed fee. In the case of expiry of the time limit, an application can be made to the sub-registrar to condone the delay, and that with an extension of time of another 4 months the registration of property documents would be submitted to the sub-registrar within that time. The registrar may consent to register documents that missed the registration deadline for a hefty fine of up to ten times the actual registration fee. For the registration of property documents, the fee is 1% of the property’s value, capped at Rs 30,000.Previously, presenting registration of property documents for registration of property would result in returning the documents to the sender after six months. Nonetheless, with the sub registrar's offices being computerized, the documents with the registration number and proof that the registrar has indeed completed the registration are first scanned and then returned to the sender on the very same day.Consequences of Non-registration of PropertyIf the property purchase agreement remains unregistered then it could be very risky for the buyer of the property. Since it’s mandatory for all documents to be registered but if they remain unregistered then those unregistered documents cannot be presented as proof in a lawsuit.  

Posted By

Avik Chakravorty

3 days ago

{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Trust and Society NGO Lawyers in India

5a8e502774270700687a6629bd100d6d.jpg

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Trust and Society (NGO)
  • Property
  • Adoption
  • Advertising
  • Debt And Lending Agreement
Total Answers Given : 14
2cce9c23104805fbba5d5ceec1e9d8d9.jpg

SUNDARAVADIVELU VELU

Proprietor
Exp
Chennai , Tamil Nadu

Specialization

  • Trust and Society (NGO)
  • Tax-Income Tax
  • Civil
  • Partnership
  • Registration
SPECIALISED IN DIRECT AND INDIRECT MATTER, CHEQUE BOUNCE CRIMINAL CASES, PROPERTY DOCUMENTATION View Full Profile
Total Answers Given : 10
f865d568f5e4f25ecf632fd1bd207fc8.jpg

Alankar Narula

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Trust and Society (NGO)
  • Contracts and Agreements
  • Intellectual Property, Copyright, Patent, Trademar
  • IT Contracts
  • Debt and Lending Agreement
Practicing lawyer in the High Court of Punjab and Haryana, Chandigarh and various other Judicial and Quasi-Judicial Courts across the country. Having worked with Fortune 500 clients, I specialise in corporate documentation and litigation along with general civil and criminal litigation. View Full Profile
9ec13b7b19eb25b710fabfbe50e32550.jpg

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Real Estate
  • Property
  • Human Rights
  • Juvenile
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile
cd0466ce3f4403366b78.jpg

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Trust and Society (NGO)
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
c5f69fa97eb44e3f6a1132d27dcd1eba.jpg

Prahallad Rana

ADVOCATE
Exp
Thane , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Civil
  • Family
  • Registration
  • Tax-Property Tax
Adv. Rana & Associates in Vasai West. It is known to provide top service in the following categories: Lawyers, Lawyers For Criminal, Lawyers For Divorce Case, Lawyers For Property Case, Lawyers For Conveyancing, Lawyers For Dowry Case, Lawyers For NCLAT, Lawyers For Bankruptcy. View Full Profile
001b6ca86a28da1e52672006eb6a2efa.jpg

S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Administrative Law
  • Consumer Protection
  • Commercial
  • Human Rights
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
126b8630a3a8eca0ed73.jpg

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Trust and Society (NGO)
  • Cheque Bounce
  • Real Estate
  • Consumer Protection
  • Contracts and Agreements
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
8ab64e130b73b6460c305e25280c4068.jpg

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Trust and Society (NGO)
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
Consult Top Trust and Society NGO Lawyers in India

Meenakshi Iyer

Lawyer
Exp
Bangalore , Karnataka

Specialization

  • Trust and Society (NGO)
Total Answers Given : 3
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter1
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is Trust?
  • Which Laws Govern the Functioning of Trust?
  • What is NGO(Society)?
  • Which Laws Govern Society?

What is Trust?


Trusts, by and large, under Indian law have a statutory premise, in particular the Indian Trusts Act, 1882. By and large, there are two sorts of trusts in India: private trusts and public trusts. The Indian Trusts Act, 1882 represents the private trusts. Public trusts are classified into charitable furthermore, religious trusts. The Charitable and Religious Trusts Act, 1920, the Religious Endowments Act, 1863, the Charitable Endowments Act, 1890, the Societies Registration Act, 1860, and the Bombay Public Trust Act, 1950 are the significant enactments for the acknowledgment and enforceability of public trusts. Besides, trusts can likewise be utilized as pooling vehicles for ventures, for example, mutual funds and venture capital funds. These trusts are administered by a different arrangement of regulations: the Securities and Exchange Board of India (Mutual Funds) Regulations and Securities and Exchange Board of India (Venture Capital Funds) Regulations.

The main necessity of the trust laws is that the creator of the trust ought to demonstrate by words or direct with reasonable certainty his goal to make a trust. Furthermore, the reason for which the trust is tried to be made ought to likewise show up with reasonable certainty. Thirdly, the people for whose advantage the trust it means ought to be sensibly sure. Ultimately, the property, which is to constitute trust property, ought to be assigned with certainty.

Which Laws Govern the Functioning of Trust?


According to Section 7 of Indian Trusts Act 1882, creation of a trust can happen by the following:

  • Persons competent to contract under Section 11 of the Indian Contract Act 1872
  • Hindu Undivided Family
  • By or on behalf of minors with the permission of a principal civil court of original jurisdiction
  • Company
  • Association of Persons (AOP)

What is NGO(Society)?


Non-Governmental Organization (NGO) refers to an organization that has no affiliation to the government and performs voluntary operations in the field of education, wildlife, etc. They are usually funded by the UN or by benefactors. The donations are then used to support their costs and activities in bettering the aspect that the organization focuses on. Some popular NGO's include the Word Wildlife Fund (WWF), The Red Cross, and many others.

Which Laws Govern NGO(Society)?


Some of the Central & State Laws applicable for NGO’s in India are:

  • Indian Trust Act 1882
  • Religious Endowment Act 1863
  • Charitable & Religious Trusts Act 1920
  • Wakf Act 1995
  • Indian Registration Act 1908
  • Sikh Gurdwara Act 1925
  • Trusteed & Mortgagees’ Powers Act 1866
  • Indian Trustees Act 1866
  • Society Registration Act 1860

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter2
Get the best Lawyer
for your Case

Top Responding Lawyers
on Trust and Society NGO Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
f4352b3f5213161d4c2fbdbf42c86330.webp
Experience: 9 Year(s)
Lawyer and legal associate
Nanded
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 2 Year(s)
As a advocate
Aurangabad
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
c48c394179eb5d82a1140ede15febea1.webp
Experience: 12 Year(s)
Advocate
Thane
2cce9c23104805fbba5d5ceec1e9d8d9.jpg
Experience: 10 Year(s)
Proprietor
Chennai
a471b982517c3e5e59b7c95a1d00e918.jpg
Experience: 6 Year(s)
Advocate
Ludhiana
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
75e9fe897193f294b9e13295931f5675.jpg
Experience: 2 Year(s)
Advocate
Hooghly
a4738f27d8a6ec612a8921959b89d278.jpg
Experience: 1 Year(s)
Advocate
Patna
bd336bec387d2f05221b49b12dd753ed.jpg
Experience: 30 Year(s)
Senior Lawyer
Mumbai City
da0cc0843148574bafc4b7bbb5c31c26.jpg
Experience: 9 Year(s)
Lawyer
Pune
46ff77e9b7358b76ae473e673378e102.webp
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
3d468e1c95191b06fce7.webp
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
U00070524.webp
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us