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Article Published in the Express Magazine Dated
December 23,
2001
General Attorney : Rajiv K. Luthra
AS a wedding gift, my father-in-law gifted us
with a flat, where my wife and I have been living
ever since. But, the gift deed was not registered.
Now, we are no longer on talking terms with my
father-in-law. Is it possible for him to deprive
us of the flat now?
Chander Singh, Nagpur
IT is true that Section 123 of the Transfer of
Property Act, 1882, stipulates that a transfer of
a gift of immovable property must be effected by a
registered instrument signed by or on behalf of
the donor and attested by at least two witnesses.
An unregistered gift of immovable property is bad
in law and cannot pass any title to the donee.
But according to Section 47 of the Indian
Registration Act, 1877, a registered document
shall operate from the time when it would have
commenced to operate if no registration thereof
had been required or made, and not from the time
of its registration. Therefore, it has been held
by the Privy Council that where the donor of
immovable property has handed over to the donee an
instrument of gift duly executed and attested, and
the gift has been accepted by the donee, the donor
has no power to revoke the gift prior to the
registration of the instrument. If this is true in
your case, then your father-in-law may not revoke
the gift. In that case you may consult a lawyer to
get the gift deed registered.
HOW long does a sentence of 'life imprisonment'
last?
Sujata Krishnan, Patna
ORDINARILY a sentence for ‘imprisonment for life’
means imprisonment for the whole of the remaining
period of the convicted person’s natural life. As
per the provisions of the Code of Criminal
Procedure, 1973, Constitution of India and certain
Administrative Rules, a convict may earn certain
remissions. But, such remissions are subject to
appropriate Government orders remitting the entire
balance of sentence and in the absence of such
orders, even remissions earned do not entitle the
convict to be released automatically before the
full life term is served. The appropriate
Government has the undoubted discretion to remit
or refuse to remit the sentence. By appropriate
Government is meant the State Government, where
the prisoner has been sentenced and convicted.
MY friend, who is a drug addict and consumes
cocaine, was recently caught red handed with the
drug, which he had bought for consumption, and has
been arrested. What punishment is expected to be
meted to him?
XYZ, Delhi
THE case falls within the purview of the Narcotic
Drugs and Psychotropic Substances Act, 1985
("Act"). Section 27 of the Act prescribes
punishments to persons found to be in possession
of small quantities of narcotic drugs or
psychotropic substances, if it is proved that the
same is intended for their personal consumption
and not for sale or distribution. If the drug or
psychotropic substance is cocaine, as in the case
of your friend, the person shall be punishable
with imprisonment for a term, which may extend to
one year or with fine or with both. Of course,
this punishment maybe given only if certain
criteria are fulfilled. These being - the quantity
of drug found in possession of the offender; such
possession being in contravention of the
provisions of the Act, rule of order made or
permit issued (if any); and the said possession
being intended for personal consumption and not
for sale or distribution. The Central Government
may specify vide its Official Gazette
Notification, what is meant by “small quantity”.
Further, it shall lie upon your friend to prove
that the small quantity of cocaine found in his
possession was intended for his personal
consumption and was not for sale or distribution.
It maybe pointed out that the punishment for
offences under this Act are more rigid and no
sentence awarded under this Act except under
Section 27 of the Act dealing with possession for
personal consumption of such substances, shall be
suspended, remitted or commuted.
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