Precious metals were trading lower after the US Fed remained committed to reducing its stimulus programme, leading to expectations that US interest rates would rise sooner than anticipated. The strengthening of the rupee also played a major role in sending gold and silver prices lower. MCX Gold April futures fell for eight consecutive trading sessions, to Rs28,571/10gm on 26 March 2014 from Rs30,595/10gm on 14 March 2014, a total decline of nearly 7%.
Jeera prices declined sharply over the past few weeks on account of record high output expectations. The area under production in Gujarat was reported at 455,000 hectares (ha) as against 335,200ha last year. Production of jeera in 2013-14 is expected around 0.45 million bags (55kg each), higher than 0.40 million bags last year. April future prices of jeera on the NCDEX fell by 12.54% month-on-month, to Rs10,095/quintal on
26 March 2014.
Sugar prices have been rising, thanks to higher demand. Expectations of lower production have also supported prices as the Indian Sugar Mills Association lowered its output estimates. Sugar production, till 15th March in the current season, was 19.38 million tonnes, down by 8%, against 21.1 million tonnes during the same period a year ago. Prices on the NCDEX jumped by 11% month-on-month to Rs3,076/quintal on 26 March 2014.
Filing Public Interest Litigation (PIL)
Can a person file a PIL, or writ petition, on his own or does
s/he require a lawyer for it? Is there any form, or format, for filing a PIL and, if yes, where can I get it? What documentation is required for this? Do I need to pay stamp duty or any other charge?
LRC’s Reply: Public interest litigation—PIL—can be filed by anyone. A lawyer is not necessary but is advisable because citizens may not be familiar with the court procedures and formalities that need to be complied with in the process of filing. There is no particular format prescribed for PIL; usually, the format for regular writ petitions that have evolved over the years, is modified as PIL.
The main difference is a paragraph in the petition that states that the petition has been filed in public interest and there is a mandatory affidavit of the petitioner (as per the respective rules of the High Court jurisdiction) that must give the particulars of the petitioner showing his bonafides. The attachments to a petition may comprise: correspondence, government notifications, photographs showing violations and even media reports. These would vary with the exigencies of each case. A minimum court fee is prescribed. No stamp duty is payable.
Transfer of Property
We are five brothers and sisters of a Hindu father who died intestate and hold preliminary decree in favour of a residential property at Bengaluru. The final decree proceedings are going on. Two of the decree-holders are living abroad and they are also citizens of those countries.
1) Is it possible for them to donate their shares to any of the remaining three decree-holders residing in India? If so, what is the best way of doing this, at this stage?
2) If the property goes for a public auction, what are the procedures required by non-residents Indians (NRI) to encash the proceeds after receiving the amount from the court?
3) An advocate told us that it is not possible to donate, or register a gift deed, as the property is not yet in the names of the decree-holders.
4) Property khata is now in the name of our mother who has expired.
5) One of the decree-holders is living in the house and has physical possession of the property.
LRC’s Reply: What your advocate has advised you is correct.
A property, which is sub-judice (matter in the court, and not yet decided upon), cannot be gifted to anyone. However, by inheritance, if you happen to be the coparcener (right-holder, by birth), you can give up your share in favour of all remaining right-holders.
In your case, out of five children, three are living in India and two are abroad. Those who are abroad can give up their right in favour of all three equally.
Let us say that your parental property is worth Rs1 crore. As your parents died intestate (without making any Will), each one of you will get equal share of Rs20 lakh each. Therefore, two of your brothers can give up their share in your parental property, worth Rs40 lakh, to be divided equally among you three. There is no need for them to make this ‘Release Deed’ of inherited property, until the court decision is reached. There is no need to come to India to make this ‘Release Deed’. They can do it at the Indian Consulate Office in the country where they reside and send it to India.
At one point, you say that your brothers, who stay abroad, are not interested in your parental property. In your second question, you ask, if the property is auctioned, how will they take their share of the amount after they receive it from the court? Nothing prevents them, under Indian laws, to take the money received by way of their share of the parental property, as decided by Honourable Court, abroad.