DIVISION OF THE JOINT HINDU FAMILY PROPERTY

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

The Hindu joint family most often referred in property matters, because the Hindu Undivided Family (HUF) may be a distinctive establishment of Hindus a lot of significantly of the Mithakshara College. Ancient Hindu Law wasn't written however bimanual over from generation to generation and also the Manusmrithi is that the most ancient written law obtainable. The origin of Hindu Law could also be copied to Sruthi that consists of 4 Vedas and commentaries, Smrithis, customs as practiced for a protracted amount, case laws, and afterward varied legislative enactments.

 

The Hindu Law has 2 major faculties of thought, the Mithakshara and Dayabhaga. Mithakshara law is practiced throughout India except in province and a few elements of jap India. Beneath this law the members of the Hindu joint family acquire interest within the family property by birth that has diode to formation of joint Hindu family.

In Dayabhaga the correct to family property is nonheritable solely through survivorship. Originally the Hindu Succession Act (1956) failed to acknowledge and grant full property rights to feminine members of a joint family or co-parcenary property. Varied amendments were brought by the various states to the Hindu Succession Act, like in Andhra pradesh, Tamil Nadu, maharashtra, Kerala, and Karnataka.

The change that grants equal property rights to feminine members of co-parcenary property in Karnataka came into result on 30/07/1994.Hindu joint families are bit by bit turning into obsolete. Consequently the Kerala Government, by the change dated 01/12/1976, has abolished the joint Hindu family. The devolution of properties, mostly, has their origin in joint families. in and of itself it's necessary to know what constitutes a joint Hindu family.

Joint Hindu family

A joint Hindu family features a common male ascendent and consists of lineal male descendants, together with spouse or wives, widows and unwed daughters of such common male descendants. so one member cannot represent a Hindu joint family. Joint Hindu family could also be massive families of various branches, however with a standard male ascendent. it should conjointly contain one male member and his spouse and daughters. Although one male member cannot represent a joint family, he might on wedding. Each husband and spouse, together, represent the joint family.

Co-parcenary

Co-parcenary is completely different from the joint Hindu family, being abundant narrower than the joint family. A joint family might include any variety of generations however co-parcenary is restricted to the father and 3 lineal descendants-the kids, grand kids and nice grand kids.These generations acquire an interest within the family property by birth.

The property owned by a joint Hindu family may be a co-parcenary property. The properties transmissible from the father, gramps and great grandparent conjointly constitute co-parcenary property. However a property transmissible from the maternal gramps is command to not be ancestral/co-parcenary property. A distinction needs to be created between co-parcenary property and self nonheritable property. Property could also be nonheritable through in-heritance, partition, gift and alternative modes.The character of the title depends upon however a property is nonheritable.

Partition

The ancient transmissible property could also be shared among legal heirs on partition.Such nonheritable property would find yourself as joint family property to one’s lineal descendants just like the kids, grand kids and nice grand kids, however just in case of alternative relations it might stay as a separate, self-acquired property.

Joint property

The members of a co-parcenary might collectively acquire property. The devolution of such property depends upon the intention of the purchasers. Generally, it might stay as joint family property unless contrary intention of owning it as co-owners or partners is meant and expressly mentioned in documents.

Exchange

If a joint family property is changed to amass another property, such an acquired property, such AN acquired property is additionally known as a joint family property.

Gift

Gift may be a recognized mode of deed property and property therefore nonheritable is that the separate property of the beneficiary and doesn't represent a vicinity of the joint Hindu property.

Self nonheritable property

The coparcener might need nonheritable properties out of his own financial gain that is his separate property. Such coparceners might throw their separate, self-acquired property into the stock of the joint family property, that there for becomes the property of the joint Hindu family. However the intention should be clear. The mere intention that the members of a joint Hindu family are entitled to relish the advantages of the separate property might not be enough proof to incorporate the separate property within the joint Hindu family property.

Income from property

All financial gains arising from the joint family properties are taken as joint family property income. Any property purchased from the financial gain of joint families is additionally taken to be joint family property.

Separate property

Any co-parcener, member of the joint Hindu family, might acquire property out of his own self earned funds with none hurt to the joint family property and such property may be a separate property, completely completely different from the joint family property.

Rights of co-parceners

Every co-parcenary features a right to hunt partition of the joint Hindu property and assert his rights on his share. The legal heirs like sons and daughters have equal share within the property. If any of the sons has predeceased, his kids collectively acquire his share of property.

Joint family funds

As already explicit, a co-parcenary is completely different and far narrower than a joint Hindu family. Members of a joint Hindu family apart from co-parceners don't have any rights within the co-parcenary property; however have rights of maintenance solely. On the death of any members of a co-parcenary, the extant generations become members of the co-parcenary.

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Property advocates in Bangalore

BDA RE-INTRODUCES LEASE-CUM-SALE METHOD

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Bangalore Development Authority Allotment of site Rules 1984 has been amended and therefore the Government of Mysore has brought back the Lease-cum-Sale technique. Although Lease-cum-Sale technique was hip for several years, the relevant rule (Rule No.7) was omitted by Notification No.UDD/411/MNJ/2000(P),dated 23-10-2000.But,the Government of Mysore by its Notification No.UDD/59/MNJ/2005, dated 27-4-2005 has reintroduced the Rule No.7 with result from 27-4-2005.

CITB AND BDA:

Many cities across the planet have development authorities. They’re the design authorities additionally.They management and regularize orderly growth of cities.Earlier, urban center had town Improvement Trust Board (CITB) that was replaced by urban center Development Authority (BDA) from 8-3-1976 by a separate Act “Bangalore Development Authority Act 1976(Karnataka Act twelve of 1976)”.

The objective of the Act is for development of urban center and areas adjacent to that. one in every of the main functions of BDA is to amass land around urban center, type Layout and allot sites to the candidates.

What is Lease-cum-Sale?

Allotment of sites by BDA isn't a poster venture, however strictly to serve the social explanation for providing a shelter to the destitute.The Authority needs to make sure that its purpose isn't defeated by land grabbers, middlemen regarding the allotment.

Bangalore Development Authority (Allotment of Sites) Rules 1984 provides that anybody or any member of whose family owns a site or an house or has been assigned a site or house by BDA or a Co-operative Society registered beneath Karnataka Co-operative Societies Act 1969 or the other authority at intervals urban center Metropolitan space isn't eligible to use for sites from BDA. this can be to confirm that solely persons, who don't own website or house in urban center Metropolitan space, area unit supplied with sites at cheap value a lot of but market price.

Lease-cum-Sale technique additional ensures that the allottees don't misuse the location and sell it to form a quick buck. The allotted won't get absolute possession of the location. He can enter into lease-cum-sale agreement with the BDA and sure amount, he are going to be solely a leaseholder of the BDA and doesn't have authority to sell the property.  Further, he needs to construct a house as per the approved arrange within the assigned site at intervals such that amount. Solely when lapse of lease amount and on fulfilling the conditions like construction of house, BDA can execute Absolute Sale Deed in favor of allottee. However, the user is entitled to avail Housing Finance for the aim of construction of house building. 

As explicit  earlier, this technique was omitted from 23-10-2000 and BDA was execution absolutely the sale deed to the allottee instantly when the complete payment created. This has reduced the work load procedure wrangles at BDA workplace and therefore the allottee has an plus to fall back just in case inevitably and emergency.

Property law

Misuse:

The ending of Lease-cum-sale that was done to assist the general public was ill-used. Although the site Allotment Rules prohibits anybody UN agency owns a site or a house from applying for allotment, several landlords, middlemen, and realty agents started applying for sites through proxy candidates or on their own name suppressing the facts.There are several poor folks, slum-dwellers UN agency sign the applications for a few cash.  As shortly because the allotment was done, the sites were oversubscribed at the prevailing market value creating Brobdingnagian profits. this can be during a} method contributed to cost spiral excluding defeating the very purpose and social cause.

Reintroduction:

To avoid this blatant misuse of BDA sites, lease-cum-sale was reintroduced by Government Notification dated 27-4-2005.The reintroduced rule (Rule 7) reads as follows:

Rule No.7: the location assigned beneath the principles shall be deemed to own been chartered  to the allottee on lease, unless the lease is decided or website is sent within the name of the allottee in accordance with these rules. throughout the amount of lease, the allottee shall pay to the authority before commencement of every year, rent at the speed of Rupees 5 each year, wherever the realm of the location doesn't exceed 200 sq. meters, Rupees 10 each year wherever the realm of the location exceeds 200 sq. meters, however doesn't exceed five hundred sq. meters, and Rupees Twenty each year, wherever the realm of the location exceeds five hundred sq. meters.

Procedure:

The procedure is as follows:

After the payment of the worth of website, the Authority invitations the allottee to execute Lease-cum-sale deed within the prescribed type at intervals sixty days which is able to be registered within the registrar workplace. The assigned are going to be place in possession of the location. The lease-cum-sale agreement contains varied conditions like restriction or alienation of property, time-limit to construct house, rent owed.

The allottee shall construct a building as per the plans approved by the authority at intervals a amount of 5 years from the date of agreement. The authority might extend this era at the request of the allottee.If the allottee fails to complete the development of house within 5 years or allowable amount, the lease are going to be off. The Authority forfeits twelve and half percent of the worth of the location paid and refunds the balance quantity to the allottee.

After the expiration of 10 years of united lease amount, the authority calls upon the allottee to urge absolutely the sale deed executed and registered only if the lease has not been off earlier. Although absolute legal title has not passed to the allottee throughout the lease amount, he shall pay taxes, fees, cess owed on website or building.

Restrictions, conditions on sale of sites:

The assigned site can't be oversubscribed at intervals a amount of 10 years from the date of possession. However, the location is also encumbered in favour of Central/State Governments, monetary establishments to secure loan for construction of building.If the location is oversubscribed at intervals a lease amount of 10 years, the authority when due notice might cancel the allotment, resume the location and forfeit the amounts paid.

Surrender of site:

If the allottee opts to surrender the location throughout the lease amount for reasons on the far side his management like economic condition etc., the authority with the previous approval of the govt., can compensate the allottees as follows:

a)In case of surrender of vacant site while not building, the authority shall pay worth of site paid by the allottee beside interest at the speed of twelve-tone music each year.

b)If the building is made on the location, the authority shall allow the allottee to sell the property provided he pays interest at 12-tone music each year to the authority on the worth of the location paid.

Implications:

The revised procedure would curb industrial selling of the location instantly when allotment and additionally partially controls the worth spiral.  But, just in case of absolute requirements and emergencies, the allottee can resort to antagonistic the correctty by execution Power of lawyer by that the client wouldn't get proper title.Though the BDA rules has provisions to surrender the location, the returns are too meager just in case of surrender of site. Because the allottee needs to pay interest to the BDA for permission to sell the location with building, he can examine different means that.

Complication of Title:

Of course, the re-introduction of lease-cum-sale for BDA assigned sites may be a right issue for the real finish users. However, staring at the routine of the allottees, they're going to try and sell the properties by method of GPA/Agreements/ Affidavits/Undertaking etc., which is able to cause complication of title.

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TRACING OF TITLE OF IMMOVABLE PROPERTY

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Transfer of immoveable property by sale, gift, exchange, inheritance, Will, etc may be a terribly phenomenon. Out of those varied modes, sale involves payment of thought (purchase price) and each customer hopes to induce good absolute title. But the vendor cannot pass away a far better title than what he has; any defects in his title will pass away to the customer, however customer having paid tidy quantity desires an ideal unencumbered marketable title.

But several purchasers don't get the title of the vendor verified by advocates who has specialised data and knowledge on property matters, usually place confidence in property agents, middlemen and assurance of trafficker and seller’s advocates judgement.Though they pay lakhs of rupees on purchase of property, they hesitate to pay a couple of thousand rupees on verification of title and afterward land in bother.  Most of the days power of lawyer is that the solely document that is handed  over to the customer. a number of the purported builders refuse to offer title papers to the customer, dictate the terms and demand that property be purchased on their own advocates certificate of the title that has simply four lines while not touching on the devolution of the property.  They conjointly force the customer to avail of the loan from a specific new generation bank. 

Title:

The title is also freehold or leasehold.In case of freehold title, the owner has absolute title with none encumbrance with power to alienate the property.But just in case of demesne the owner are going to be completely different who had chartered  the property to the tenant surely amount and also the rights don't seem to be absolute and also the tenant are going to be solely in possession of the property for agreed amount. when the lapse of the united amount, the tenant should turn over the vacant possession to the owner.  Such person could transfer solely demesne rights to the customer, if the lease document provides for alienation and also the customer is sure by terms of lease deed. 

There are completely different varieties of legal ownership of the property;

1. Government lands either Central or State.

2. Individual ownership.

3. Hindu undivided or joint family ownership of property.

4. Property owned by a non-public Company or Public Company punctually official underneath Indian firms Act.

5. Property ownership of a Government Company.

6. Property ownership of a Co-operative society registered underneath Co-operative Societies Act of various stores.

7. Property ownership of partnership companies fashioned and registered underneath Indian Partnership Act.

8. Wakf properties

9. Trust properties together with properties of temples and spiritual endowments.

10. Property ownership of public societies and clubs registered underneath societies Act.

11. Property ownership of Autonomous establishments (Statutory Bodies) like universities, electricity boards etc.

Most common mode of ownership is individual ownership wherever one individual owns the property.

Tracing of title

Tracing of the title suggests that tracing the history of property through documents, Government records, however this owner got property. This is often a really difficult exercise and solely professionals specialized in property laws of Central, State and latest court choices may facilitate to trace the title. though' the vendor is sure underneath section 55(1)(a) of the Transfer of Property Act to disclose any material defects within the property in his title, it's prudent to scrutinize the title to the satisfaction. An honest marketable title is one that is free from all encumbrances, doubts, and provides the holder full ownership rights to the exclusion of the remainder of the planet. The property may need been noninheritable by varied modes, like sale, gift, settlement, will, succession, partition, release, adverse possession, allotment, grant etc.

Mother deed

The tracing of the title should begin by verification of the earliest document offered, that is named parent deed or mother deed. If the earliest document isn't offered, the certified copy should be obtained at the territorial sub-registrar workplace.This earliest document details on however the primary owner got the property. Usually in earlier times, all the landed property was owned by Kings, Jodidars, Inamdars and those them precocious or granted the land to the individuals. Such acquisition document usually is going to be a Order of the Court, Government, Statutory Authority, ruler.  Thereafter, the property may need well-versed completely different hands THAT are referred as go-between parties.  Such documents have to be compelled to be examined in written account order tracing the devolution of property to every of the go-between parties.  The sequence ought to be continuous with none break until the immediate transferer. Just in case of any ape-man, the records at the sub registrar’s workplace revenue department have to be compelled to be verified to the satisfaction, however mustn't be neglected.

But documents like gift deed, partition deed, unleash deed, settlement deed doesn’t seem to be mother documents and also the title of the executants of such deeds should be examined. When tracing the title of the property from the primary owner to the immediate transferer, the most recent document that describes however this owner got the property should be verified. except legal documents like transfer deeds, the revenue records like tax paid receipts, khata, approved plans, encumbrance certificates, mutations, kindred trees and alternative records extracts have to be compelled to be verified. 

The most vital perform of tracing the title is investigation, wherever it's observed that records, documents made truly exist are recorded in books, records of various departments. however advocates certify the title with a narration “based on documents produced” that doesn't confer with the investigation or genuineness of the documents. Usually the advocates settle for the most recent documents while not supporting documents and certify the title that may be a dangerous follow.

Limitations of tracing the title

Though the title is copied to the letter by touching on the documents, revenue records and conjointly investigation, there are bound limitations.  Instances like unfinished cases,government notifications,previous unregistered agreements don't seem to be straightforward to trace. These area unit referred to as hidden areas of the properties.  There is also cases disputing the title, that don't seem to be mirrored within the documents. a correct search in territorial courts would facilitate in tracing such unfinished cases however multitude and hierarchy of courts makes it a troublesome task. a hunt conjointly in Government bodies, Statutory authorities, WHO have authority to amass the land is important to rule out any notification of acquisition.Further, No-objection Certificates from urban development agencies would facilitate.But the likelihood of earlier sale agreements that don't seem to be registered is extremely troublesome to seek out out. Correct enquiries with the seller, neighbour’s and discussions would facilitate.  A paper notification to concern objections and claim on the property to be purchased would be useful.

The encumbrance certificates disclose solely transactions that area unit registered. they are doing not mirror, oral residency, judicial proceeding in courts, tax liabilities, equitable  mortgages that isn't registered, oral partition, oral gift underneath Mohammedan law, unregistered can, liability of maintenance, General Power of lawyer, etc. hard currency within the description of the schedule of the property can lead the registering authorities to issue cipher encumbrance certificates.  EC’s are one in every of the document to trace the title however entirely counting on encumbrance certificate is dangerous.

Period of Verification of title

Most of the advocates trace the title for amount of thirteen years solely. Even several nationalised banks advise their advocates on panel to trace the title for thirteen years and their pro-forma’s also are designed consequently that isn't correct.It is safe and sensible to trace title for a minimum amount of forty two years or a lot of to comb out any probabilities of dispute in title. If a non-public individual lays conflicting claim on any document apart from mortgage the utmost limitation amount is twelve years. the amount of limitation against government is thirty years and execution period is twelve years.

Further, as per section ninety of the Indian proof Act, a document dead thirty years or before is plausible to be with validity dead.The Articles sixty one (a) &(b) of Limitation Act provides a limitation amount of thirty years for redemption. Article 61(b) provides a limitation of twelve years for instituting a suit for recovery of possession against a transferee WHO has taken the property from mortgage holder for valuable thought, and also the limitation is to start to run once the transfer becomes far-famed to the debtor. We have a tendency to shall examine this with relevance an example. 

Limitation amount for redemption of mortgage is thirty years. Suppose a mortgage holder sells the encumbered property when twenty nine years from the date of execution of deed while not the data of the debtor and before the debtor institutes a suit for redemption. The debtor has right to institute a suit for redemption. The debtor has right to institute a suit for recovery of possession of the encumbered property from the customer inside a amount of twelve years when coming back to grasp of the transfer.  Thus, a debtor will lay hands on the property inside 30+12 years of the execution of deed.

The question of adverse possession is additionally relevant during this regard. an individual WHO remains in actual, peaceful, open and exclusive possession of immoveable property for a amount of twelve years or a lot of, expressly or impliedly in total denial of the title to actuality owner is deemed to own noninheritable  possession and title to the immovable property by adverse possession. Thus, it's safe and clear to trace the title for a minimum amount of forty two years a minimum of.

Original title deeds

Generally, solely photocopies of the documents are scrutinised. The advocates ought to impose production of all the initial title deeds for verification, before finalising the judgement to rule out the chances of mortgage by deposit of title deeds that isn't registered. In case of tracing the title of the properties assigned / granted by statutory authorities and government it's enough if the title is copied from the date of allotment to the immediate trafficker and there's no have to be compelled to trace the title for a amount of forty two years.

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Criminal matters

LAND ACQUISITION BY THE GOVERNMENT

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Acquisition of land by the govt. for public purpose or for the businesses is ruled by the Land Acquisition Act, 1894. The word "Public Purpose", as outlined within the Act mentioned on top of refers to the acquisition of land for putt up instructional establishments or schemes like housing, health or slum clearance, except for the comes for rural designing or formation of web sites. "Appropriate Government" would mean the Central Government if the aim for acquisition is for the Union and for different purpose, it's the authorities. It’s not necessary that every one the acquisition needs to be initiated by the govt. alone. Native Authorities, Societies registered underneath the Societies Registration Act, 1860 and Co-Operative Societies established underneath the Co-operative Societies Act may also acquire the land for organic process activities through the govt.. Bound procedure has been envisaged underneath the Statute that needs to be obligatorily followed before feat the land for the general public purpose, as mentioned below:

 

Preliminary Notification

The process of acquisition begins with the provision of Preliminary Notification, as envisaged underneath Section 4(1) of Land Acquisition Act, 1894. The notification needs to be basically printed within the Official Gazette and in 2 daily news papers current therein neighbourhood of that a minimum of one shall be within the regional language. Further, it's additionally necessary that the notification needs to be glued in conspicuous places of that neighbourhood. 

Filing of Objections

The main objective of supply preliminary notification is to involve objections, if any, against such acquisitions from the homeowners or others United Nations agency are having bound interest over the property and giving them a chance to boost their claims against the move of the govt. for feat their lands. The persons aggrieved by such notification shall file their objections at intervals thirty days from the date of 4(1) notification.

Final Declaration

After receipt of objections, the involved authority shall contemplate those objections and if found unacceptable, then a final declaration rejecting the claims is going to be issued. Section six of the amended Act provides that the ultimate declaration shall be issued by the authority at intervals a amount of 1 year from the date of provision of preliminary notification underneath section 4(1) of the Act. However, before the modification, the time stipulated underneath the Act for final declaration was three years from the date of publication of the preliminary notification. The ultimate Declaration needs to be printed as needed underneath section 6(2) of the Act.

Award

Section 11of the Act provides that once receiving the objections, the authority can need to hold an exploration. However, it's necessary that actual extent of land planned to be nonheritable and therefore the worth of the land needs to be assessed before beginning the enquiry, as needed underneath sections eight and nine of the Statute. On completion of the enquiry, Award is going to be passed thereto impact and printed by the competent authority. Once passing the Award, the Collector/Deputy Commissioner shall send notice to the homeowners or their representatives United Nations agency weren't gift in person at the time of passing of the Award.

Time limit for passing the Award

Once the enquiry is ended, it's the duty of the competent authority to pass the Award at intervals a pair of years from the date of publication of the declaration underneath section six, as envisaged underneath section eleven A of the Act. If the authority fails to stick to the time schedule prescribed underneath the Act, the whole proceedings initiated for land acquisition can lapse. once passing of the Award, the Deputy Commissioner or the other competent authority could take possession of the land like a shot, that shall with that vest completely with the govt., free from all claims, whatsoever.

Special Powers

Section seventeen of the Act confers special powers with the involved authority whereby passing of award could also be distributed with and however permits to require possession of the land notified for acquisition. Additional holding of enquiry may also be waived, as envisaged underneath section five A of the Act. However, such powers is exercised solely just in case of urgency.

Application seeking improvement

After passing of the award, the person whose land has been planned to be nonheritable will offer his consent for such acquisition and conform to receive the compensation. However, an in depth procedure is provided underneath the Act as regards payment of compensation. Objections may also be raised against the measuring of the land, improvement of compensation or allotment of the compensation by filing a written application before the Deputy Commissioner, as provided underneath section eighteen of the Act, requesting the authority to refer the touch the court for determination of the grounds raised within the application. 

Legal documentation

An application thereto impact needs to be filed by the one who was in person gift once the award was passed, at intervals six weeks from the date of the award gone along the Collector. In different cases, the applying can need to be created at intervals six weeks from the date of receipt of the notice issued underneath section 12(2) or at intervals six months from the date of the Award gone along Deputy Commissioner, whichever is earlier.

Compensation

Provision for settlement of dispute touching on allotment of the compensation quantity is offered underneath section thirty of the Act. In such a state of affairs, the Deputy Commissioner ought to refer the touch the Court. The applier is going to be entitled to the compensation that is decided on the premise of the market price of the land determined as on the date of Preliminary Notification. in step with Sec 34, if there's delay in payment of compensation on the far side one year from the date on that possession is taken, interest at the speed of 15 August 1945 P.A. shall be owed from the date of ending of the period of 1 year on the outstanding amount of compensation until the date of payment.

Taking over possession

The Government, underneath section sixteen of the Act is at liberty to withdraw from acquisition of land except in cases provided underneath section thirty six. However, if the possession of land has been taken, then the govt. can don't have any authority to withdraw from such acquisition.

Acquisition for corporations

Procedure concerned for acquisition of land for corporations are proscribed underneath Chapter VII, which needs an agreement to be entered into by the corporate with the suitable Government and therefore the same needs to be printed within the Official Gazette.

Authorities competent to accumulate

Apart from the govt., there are totally different authorities who are bestowed with the facility to accumulate lands for public functions as mentioned below:

1. Bangalore Development Authority.

2. The Karnataka Industrial space Development Board.

3. Authority underneath House Sites Act.

4. Karnataka Urban Development Authority.

5. Karnataka Housing Board.

6. National Highways Authority.

The Government cannot initiate acquisition proceedings while not supply correct notice to the homeowners in any of the prescribed mode of service provided underneath the Act and supply them comfortable chance to boost their claims and to defend the property from acquisition. If any of the provisions envisaged within the Act is desecrated or obligatory procedures aren't followed, then the whole acquisition proceedings would become completely void.

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Intellectual Property Law