What is a Power of Attorney by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

A Power of Attorney is a formal written document that gives one person named the principal/donor permission to another named the attorney/agent/donee to act on that person's behalf. Many Indian property buyers use a power of attorney to assist them in the transactions involved in buying a house. It might involve buying a property with a high reputation, renting it out, selling it, or taking out a mortgage. A person should appoint a trustworthy power of attorney to help them with the buying process when buying a property.

When NRIs want to buy property in India, they often use the POA. To put it simply, it is the authority (right) that a person (Principal) grants to a lawyer (a legal representative). The two enter into a relationship known as principal-legal representative, and the principal is bound by the legal representative's actions. Let's take an example where someone purchases real estate in India but is unable to attend in person to complete the registration. In that scenario, he can use a registered power of attorney to transfer these duties and rights to any member of his family or companion.

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Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore was established in the year 2010 with the notion of “entire legal service” for litigants under one roof. From the very beginning Advocate Abhishek P.N – Property Lawyer in Bangalore followed a People Oriented approach and adopted highest level of professionalism and integrity. With the wide practical knowledge and rich experience, our advocates provide comprehensive legal solutions for its clients. We continue to follow the principle of “client-first” in providing reliable and highly effective legal services. Advocate Abhishek P.N – Property Lawyer in Bangalore, trust we have a significant role in leading our clients along the perilous road to justice; making the journey a smooth sail. We trust in giving our client a voice and ensuring that they are effectively heard.

Our innovative legal approach is driven by the Founder, Advocate Abhishek P.N.

Throughout the journey our founder Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore, has made sure that our firm provides personalised approach to legal representations by listening to their respective needs and provide creative, effective and practical solutions.

After our continuous service in Bangalore providing highest client satisfaction, Advocate Abhishek P.N – Property Lawyer in Bangalore, is soon extending our legal services and opening branches at other metropolitan cities in India.

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Property Law by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Any property, whether physical or personal, tangible or immaterial, falls under this category. Anything that can be seen or touched, such as jewels or animals, is considered tangible property. Stocks and bonds, as well as intellectual property rights, are examples of intangible property. The land is defined by law as more than just the overall surface. It also comprises everything that is connected to it.

As an illustration, a woman observed that her neighbor was carrying five additional flower pots as she was planting flowers in her garden. However, her garden was too small to accommodate them. She so made the decision to take more containers without asking the neighbor's consent. She also wanted to place them in her backyard. She took her neighbor's saplings and planted them in her yard as a result. In this instance, the woman's actions would be considered conversion.

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Tort Law by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Personal injuries against private individuals are the focus of this concern. A tort may be committed against a private person or a piece of property. Either moveable or immovable property is possible. The person who was hurt is compensated financially. i. A case of no-fault responsibility or a deliberate or inadvertent tort may arise. Two things are necessary for a tort to exist:
(1) a legal right must exist; and
(2) the right must be violated for damages to be awarded.

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Contract Law by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Contract law addresses an agreement made by two or more parties. They both have a responsibility to accomplish it, whether they are individuals or businesses. For instance, a contract pertaining to the delivery of products is signed by two parties. It is considered a "breach of contract" when one party disobeys any of the terms of the agreement. Unless specifically required in writing by a specific legislation, contracts and agreements may be made orally or in writing.

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Family Law by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Within the field of civil law, family law addresses matters pertaining to marriage, divorce, annulment, child custody, adoption, birth, child support, and other family-related matters. This area of civil law is distinct in that a civil wrong is not always committed by a single person. Family courts are involved in cases involving the partition of property and other assets, child custody determinations, divorce maintenance determinations, spousal support determinations, and other related matters.

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Contract Law by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Contract law addresses an agreement made by two or more parties. They both have a responsibility to accomplish it, whether they are individuals or businesses. For instance, a contract pertaining to the delivery of products is signed by two parties. It is considered a "breach of contract" when one party disobeys any of the terms of the agreement. Unless specifically required in writing by a specific legislation, contracts and agreements may be made orally or in writing.

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Hierarchy of Civil Courts in India by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

India has a hierarchical legal system that grants several levels of power and jurisdiction to Indian courts. The highest court in India is the Supreme Court of India, which is based in New Delhi. Jurisdiction, or both monetary and territorial, determines where the civil courts are ranked in relation to one other. Territorial denotes the location where the specific offense was committed, and pecuniary refers to the suit's case value.

1) Supreme Court of India: With appellate authority over all civil cases, the Supreme Court of India is the highest court in the country. The Supreme Court of India's rulings are regarded as final. Also, all Indian courts must abide with these.

2) High Courts: Listed next in the hierarchy are the High Courts, which can be common High Courts for two or more states or founded state-wise.

3) District Courts/City Civil Courts: The District Courts are the next in line, typically having financial jurisdiction above Rs 20 lakh but not exceeding Rs 3 million.

4) Lower Courts: Munsif's Courts and Small Causes Court are the lowest courts in the system.

In addition, there are courts designed to handle specific cases, such as Consumer Courts, Family Courts, and other tribunals. Civil law is one of the oldest areas of law and offers many different professional paths. Within the conflict resolution process, specialists deal with everyone from private clients to government officials. There are a lot more employment options in the relevant field as a result of society's growing awareness.

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The Code of Civil Law by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

The procedural aspect of civil procedures is covered under the Code of Civil Procedure, 1908. Two sections make up the code:
1) There are 158 sections in the first part, and
2) The First Schedule, which has 51 Orders and Rules, is included in the second part.

The general rules governing the cases and orders' jurisdiction are covered in these parts. They also contain regulations outlining the specific steps that control civil cases in India. Ensuring prompt case resolution is the primary goal of the statute.

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Branches of Civil Laws by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Disagreements between individuals and institutions are reasonable in a civil society. Hence, the purpose of civil laws is to create an unbiased system of conflict resolution for the courts. Civil laws are rather broad. Some are clearly defined and regulated, while the rest are predicated on prior actions. India has several civil laws, including:

Administrative Law
Family Law
Contract Law
Tort Law
Business Law
Media Law
Sports Law
Tax Law
Consumer Law

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The essential features of the system by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

1) Civil laws are a systematized collection of laws.
2) The codified law is universally binding. In civil courts, there is limited room for judge-made law. When considering the practical side of things, however, the judges adhere to prior rulings.
3) The legal scholars' writings do have a big impact on the courts.

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What is the Civil Law? by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Legitimate regulations, legislation, and precedents that are enforceable in a certain jurisdiction make up the law. The administration of justice is the primary goal of the law. The severity of the various infractions determines the severity of the penalty. In general, there are two types of law: criminal law and civil law. Cases involving injustice committed against a specific person are handled by civil law. Crimes against society as a whole are covered by criminal law.

The most frequent civil wrongs include rape, homicide, negligence, and breach of contract. The colonial era is where civil and criminal laws originated. In the past, the colonies of France, Germany, Spain, and Portugal were governed by Civil Law. One of the codified systems of laws, civil law originated in Europe. The fundamental ideas are written into regulations that serve as the main source of law.

Common-law systems derive from judge-made laws as legal principles. These earlier decisions are authoritative. In India, the idea of civil justice has long been present. Manu compiled the justice system of India. This law is contained in his extensive work, "Manava Dharma Shastra." On the other hand, the Vedas include the idea of justice.

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Power of Attorney in Real Estate by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Real Estate Power of Attorney: In real estate, a power of attorney is essential to the purchase or sale of a house. For a very long time, the POA's authority was mismanaged because it was used to invest black money instead of paying capital gains tax. A law stating that POA should only be used for legitimate transactions and not for the transfer of title or right to another person or piece of property was passed by the Supreme Court in response to this issue.

Conversely, any power of attorney designated to assist in the property exchanges ought to be registered with a sub-recorder located in the buyer's home jurisdiction. The POA chosen should be approved by the consulate of the country the home buyer resides in if they are an NRI.

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Different Types of Attorney 3 by Attorney by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Durable POA by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Unless it is specifically revoked, a durable POA is in effect for life. It is possible to add a clause to the agreement that states that the representative's authority will continue to exist even in the event that the principal becomes incapable.

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Different Types of Attorney 2 by Attorney by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

General POA by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

A general POA grants the representative broad authority to decide in the Principal's best interests. Furthermore, the representative is able to carry out various tasks on behalf of the Principal without causing any disruption to transactions.

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Different Types of Attorney 1 by Attorney by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Special POA by Advocate Abhishek P.N – Property Lawyer in Bangalore, Civil Lawyer in Bangalore

Read more at: https://www.lawyersclubindia.com/articles/nri-s-power-of-attorney-to-sell-property-in-india-13426.aspA power of attorney that is limited to a specific purpose is found in a special POA. A unique POA may be transaction-specific, and it expires when a transaction is completed.

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