Legal Articles

 

Since Independence, there have been a range of reforms in our constitution in relation to the Property Laws. All the pillars of our society, viz. executive, legislature, judiciary as well as the media and society, performs their roles in order to ensure that the process of justice-delivery, in case of property law disputes remain smooth, speedy and effective. There are a range of aspects that pertain to property law and taxes in India.

Property Ownership

Ownership of a particular property can be of diverse kinds, under the Indian Property Law. For example, single ownership means that the real estate property has one owner, who is eligible to sign the deed for selling, renting or leasing his/her property. Joint ownership allows two people (on whose name the property is registered) to do the aforementioned deeds. Co-ownership and nomination are other two kinds of ownerships applicable to this segment.

The question of inherited property

The laws of inheritance may differ in different religions in India. This is so because property can be inherited in various ways in different kinds of religions. The primary source of inheritance of property roots from Hindu Succession Act of 1956. Also, the root of these laws is Indian Succession Act of 1925.

This is usually passed on to the successor by the way of will. The property owner can do so through the will, which is written before death. For the property to be inherited by the successor, after the death of owner, it is mandatory to present the attested will. In the absence of attestation, the will becomes null and void, giving way to the property law disputes and the issues of transfer of property.

In the absence of will, the property ownership is divided on the basis of succession laws. In India, these laws differ in three diverse religions, viz. Hinduism, Islam and Christianity. Hindus are segregated into two tiers, I and II, according to the ancient traditions. Muslims have their inheritance laws on the basis of Sharia-prescription, which form the Islamic Code of Conduct. Christian laws of Inheritance are dependent on the Indian Succession Act, 1925.

Women’s Rights to Property

Over the years, several reforms have taken place and recommendations have been given by Committees as well as Commissions in context with the women status in India. The Union Government of India, in 1975 formed a committee in order to evaluate the legal provisions, so as to ensure that women were not left impoverished completely. These laws also related to the transfer of property and personal property.

Overall, the spectrum of property laws in India is wide enough. All kinds of disputes, their solutions and punishments in case of offence, can be found in the different layers of this spectrum.

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No wonder that advertisements reach to new clients for improving sales. This industry has flourished with a rapid speed in this modern time as everyone depends more or less on it. It is the best way to spread the word about business, product or services. Advertisement ways are TV ads, Flyers, Newspaper advertisements, Radio Adverts, promotional, participative events and a lot more.

Everything has two opposite shades and so does the advertisement industry. Its negative shade is “Fraudulent case” in which companies cheat customers via fake knowledge and information and mislead them.

Where can you get cheated?

  1. Property cases-Real estate is at boom in India and so is the advertisement about it.  Every now and then, one may come across builders and owners advertisements on radios, TVs, newspapers. They promise people about best featured houses and flats. It can be easy to get flattered with shiny advertisement, but one must speculate well.
  2. Electronics- Customers must be well aware about all the features of the products. Every minute detail must be disclosed; about it quality, use, instructions, service, warranty and guarantee, standard and other nitty-gritty. Every person has a right under Consumer Protection Act, 1986 to be safe from various hazardous effects of electronics.
  3. Edible things- Food that everyone consumes must be safe and healthy. There must not at all be fake information.  Mentioning expiry date along with the date of manufacturing is mandatory on all edible and perishable food products.

A safe bet for businesses: Do not get copied by misleading ventures

Registering your trademark- Have you noticed “Make in India” initiative’s trademark? Yes, it’s a lion with insides of iron machinery parts. It’s a trademark. Anyone using it in any kind of promotional and advertisement will be fined.  Companies do follow trend of trademarks; can own name, symbols, marks or whatever they want to in their name to prevent advertisement frauds. We have many government acts for fraudulent cases with allotted punishment and fine.

Know Consumer Protection Act; Consumer Rights and Responsibilities

There are several ways to keep away fraudulent advertisements in India so that you do not get carried away by anything wrong or fake.

  • Consumer Protection Act, 1986 takes care of many mentioned things. This act came up with a NGO called ASCI or Advertising Standards Council of India in 1985 which took Advertising companies, media Advertisers into participation. This was set up to improve trust and efficiency of advertising industry.  The main objective was to keep everything crystal clear and honest for every customer. They made sure that no customer feels cheated.
  • Food Safety and Standards Act which was formed in 2006 was to make sure there are absolutely no fraudulent advertisements in India when it comes to food industry. This act involves all food and health ministries. The Act designed many clear instructions and policies about food from every point of view like its making, storage, handling, distribution and detailed information. This makes sure healthy and safe consumable food to all.
  • The other Acts like Sales of Goods Act, The Pharmacy Act, Drugs and Cosmetic Act etc are made to ensure safe keeping.

Conclusion:

The Union Government of India has formulated a range of Rights for the consumers, but these come with responsibilities as well. It is vital that a consumer becomes aware of his rights as well as duties. The awareness advertising campaign by the Government in this regard is called “Jago Grahak Jago.”

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