Queries at MONEYLIFE FOUNDATION’S Legal Resource Centre

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.

Have a legal question? Try our Moneylife Foundation’s Legal Resource Centre. Check out http://lrc.moneylife.in and register at http://moneylife.in/lrc.html


Sensex, Nifty extremely overbought: Weekly market report
  • Caution is warranted over the short-term. Expect a decline from Tuesday

The BSE 30-share Sensex closed the week that ended on 28th March, at 22,339.97 (up 586 points or 3%), while the NSE’s 50-share Nifty closed at 6,695.90 (up 203 points or 3%) for the week.


On the each of the days in this week the indices hit a new high and the benchmark closed closer to the day’s high mostly on all the days.


On Monday, Nifty closed at 6,584 (up 89 points or 1.36%). A preliminary gauge of China's factory activity fell to an eight-month low. The "flash" edition of HSBC's China manufacturing Purchasing Managers' Index (PMI) dropped to 48.1 from February's 48.5, remaining below the 50 level separating expansion from contraction. However, the Asian markets went up on the hope that this would attract government stimulus.


On Tuesday, Nifty closed at 6,590 (up 6 points or 0.09%). The Election Commission ordered the deferment of an increase in gas prices that was to take effect from 1 April 2014. On the other hand, the Bharatiya Janata Party said the party will review the new gas pricing formula if elected to power after general elections.


On Wednesday, Nifty closed, in the positive for the fifth consecutive session, at 6,601 (up 12 points or 0.18%). To attract more foreign investment, RBI announced allowing opening of special rupee as well as foreign currency accounts with local banks.


In spite of being a day of expiry of futures and options bourses witnessed a less volatile session. Banking shares were in focus after Goldman Sachs upgraded ratings of state-owned banks. Nifty closed at 6,642 (up 40 points or 0.61%) on Thursday.


Significant reforms under a stable government could lead to valuation re-rating in particular for PSU banks, that could provide a 66% average upside as stressed loans could fall sharply to 4.7% from 10.5% by FY18, Goldman says.


One more step in favour for the banks happened when RBI on Thursday extended the transitional period for full implementation of Basel III capital regulations in India up to 31 March 2019, instead of as on 31 March 2018. Nifty again managed making a new high and closed at 6,696 (up 54 points or 0.82%) on Friday.


For the week, among the other indices on the NSE, the top two performers were PSU Bank (12%) and CPSE (9%) while the worst two performers were Media (3%) and Pharma (2%).


Among the Nifty stocks, the top five stocks for the week were Punjab National Bank (17%); IDFC (15%); State Bank of India (12%); Bank of Baroda (11%) and Ultratech Cement (10%) while the top five losers were Dr. Reddy's Lab (5%); Sun Pharma (3%); Wipro (3%); HCL Technologies (1%) and Infosys (1%).


Of the 1,428 companies on the NSE, 855 companies closed in the green, 535 companies closed in the red while 38 companies closed flat.


Out of the 27 main sectors tracked by Moneylife, top five and the bottom five sectors for this week were:


ML Top sector


ML Worst sector








Software & IT Services


Telecom Services








Auto Components


Lifestyle & Leisure




Housing Society issues and simple solutions

Shirish Shanbhag, held the first Round Table meeting on housing society issues at Moneylife Foundation offered solutions to various members


Shirish Shanbhag, an expert who helps people draft legal documentation related to co-operative housing societies (CHS), Right to Information (RTI) and other areas, said several issues in CHS can be resolved by simple methods like writing to the Society Secretary, Deputy Registrar of Cooperative Societies.


Sometimes, there are fights between housing societies and individual apartment owners, as well as outsiders. Many flat owners do not know how to proceed with their complaints.


There are several issues in a CHS, like car parking, leakages, fraudulent auditing, unauthorised construction, and many other issues. Home owners need to know the right recourse to take action to ensure that their rights are maintained and upheld.


The round table on CHS issues was meant to allow face-to-face interaction with Mr Shanbhag and was kept limited to 25 persons, based on those who send the synopses of their problems first.


Here are some of the questions people raised and the answers provided by Mr Shanbhag...


Terrace Flat / enclosed

Q: Can a CHS society levy service charges on an enclosed terrace flat?


1. Find out whether this terrace flat is officially owned by the CHS.

2. File RTI to BMC's building proposal department.

3. Maintenance charges are applicable to all types of flats in a CHS.


Q: What are the tax implications of an additional area allotted during redevelopment of CHS? Who is liable to pay such tax?


1. If additional area is given free of charge in redevelopment then stamp duty is payable on all area.

2. Stamp duty would be levied on construction cost based on original.

3. Stamp duty on the additional area would be charged at market value.

4. Tri-party Agreement for Alternate and Permanent Accommodation needs to be signed between the flat owner, builder and the CHS. This agreement should be signed only after passing the building development plan.


Q: Municipal record shows the plot of our society in the name of one of the brothers of the land owner and his heirs. How can we get the plot transferred in the Society's name?


Ans: Since the CHS is an old one, you will have to go for deemed conveyance. Send letters to the landowner or their legal heirs asking for copies related with the property. Call a special general body meeting (SGM) to discuss the deemed conveyance and appoint one or more members as authority to deal with the procedure. Visit, Dty Registrar's office in your area, find out who is responsible for the deemed conveyance. Collect info about documents required for it. Submit your application.




2 years ago

solutions r for human beings do u expect from POLITICIANS ? there r many housing societies ran up to courts & from court to ministers r better to known one SREE GANESH at NERUL-NM./v r fighting since last 15 years

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