I have written what I feel are important things most people are unaware of and should know. I have tried to cover most important branches of law.
First thing –
1. Ignorance of law is no defence –
In the court of law, you cannot plead as defence the fact that you were not aware of the law. This is what damns most people! And makes the field of law extremely important if one wishes to survive in material life.
2. While buying an immovable property – (Like Flat or Land) –
Giving a public notice in the newspaper is a must. It doesn’t matter which one. It need not be English. Any state language too will do. And any newspaper with some circulation will do. This Public notice is what protects your interest in the court of law if you face any litigation regarding your purchased property.
Secondly, a legal search of the property (not to be confused with physical search) has to be conducted by hiring a lawyer following which he gives a title note. If you approach nationalised banks for loan to buy property, their lawyers conduct a search and give title note. But if not, you have to do it yourself.
Lawyers conduct search by visiting sub registrar’s office and checking the record of title documents.
Example – You bought a flat without public notice and legal search, and turns out the owner did not have a clear title. Now you along with the owner are being sued for cancellation of your purchase.
In such a case, the law / court is bound to protect the interest of a bonafide purchaser if he had given a public notice and had conducted search. If not, then the law is not going to protect your interest.
With due respect to all professions, this is a sincere advice –
When drafting agreements like Sale Deeds or Agreement to sell (These are relating to buying properties), please take the help of your trusted lawyer. Most people try to save the lawyer’s fees by getting the agreements drafted by Estate Agents. This in my experience, is a grave mistake as Estate Agents are not qualified to draft agreements. They have standard formats in which they fill your details.
Every agreement that is drafted speaks for itself. Tomorrow if you end up in court, the court is not going to ask you as to what was agreed between you and the seller. They will read your agreement. Which is why, it should be properly drafted.
An average lawyer will charge somewhere between Rs. 8,000/- to Rs. 15,000/- to draft the agreement in cities. An Estate agent takes around 4-5,000/- for this job.
Even then, spending a little more money to draft a good agreement which will save your trouble later is wiser.
3. What should you do when someone gave you a cheque and it bounces?
Assuming that you received payment for some work you did, and the cheque got bounced, what are your rights?
The reason I am including this in this answer is the fact that time is of essence in a cheque bouncing case.
The moment a cheque bounces with the endorsement “Insufficient Funds”, go to a lawyer and send the person a legal notice demanding your money. This has to be done within 30 days of bouncing of the cheque. Once that person receives your notice, he is required by law to pay you your money within the next 15 days. His failure to do so, gives you a right to file a criminal case against him for cheque bouncing.
Cheque bouncing now is a criminal offence and he risks sitting in jail for it.
4. Streedhan in Hindu law –
Whatever money, jewellery etc. is given to a bride in her marriage by both her parents as well as the groom’s parents is legally her property. It is known as Streedhan. So ladies, if you are leaving matrimonial home for divorce, take your streedhan with you.
Most people later fight for it in courts as gold is extremely costly.