The Supreme Court nowadays agreed to pay attention a plea by way of a Jammu and Kashmir female tough positive provisions of the Constitution which denied property proper to a woman who marries someone from outside the kingdom hear verb.
The provision which makes such denial female from state lose assets right also applies to her hear on the right to acquire immovable assets SC hear past tense.
A bench comprising justices Dipak Misra and A M Khanwilkar directed Additional Solicitor General P S Narasimha, appearing for the Centre, to verify whether this count worried a comparable problem wherein the chief justice has referred the case to a bigger bench.
The bench turned into regarding a July 17 order passed by means of a bench headed by way of the Chief Justice J S Khehar which has noted the larger bench of 3 judges, the issue of project to Article 35 A of the Constitution, managing unique rights and privileges to the citizens of the Jammu and Kashmir south carolina judicial department sc.
The top court docket nowadays directed the recommend acting for the petitioner to serve the copies of the petition to the Centre and other events within the case and posted the problem for listening to August 14.
The apex court docket turned into hearing a plea filed by using one Dr. Charu Wali Khanna tough Article 35 An of the Constitution and Section 6 of the Jammu and Kashmir Constitution which dealt with “everlasting residents” of the kingdom.
Article 35A, added to the Constitution by way of a Presidential Order in 1954, accords unique rights and privileges to the citizens of the Jammu and Kashmir, and empower the country’s legislature to frame any regulation without attracting a venture on grounds of violating the Right to Equality of human beings from other states or some other proper beneath the Indian Constitution.
“Section 6 of the Jammu and Kashmir Constitution restricts the simple proper of women to marry a person in their choice through now not giving the heirs any right to assets if the woman marries a man no longer conserving the Permanent Resident Certificate south carolina judicial system.
“Her children are denied an everlasting resident certificates thereby thinking about them illegitimate — now not given any proper to the sort of female’s assets although she is an everlasting resident of Jammu and Kashmir,” the plea, filed through suggest Bimal Roy Jad, stated.
According to the petitioner, as according to the provisions of a lady marries a person out of doors Jammu and Kashmir then she loses property rights in addition to employment possibilities within the nation.
While Jammu and Kashmir’s Non-Permanent Resident Certificate holders can vote in Lok Sabha elections, the equal individual is barred from voting in nearby elections in the state.
“The petition challenges blatant gender discrimination inside the nation of Jammu and Kashmir, violative of fundamental Right of Equality as enshrined within the Constitution of India 5 signs of denial.
“The petitioner being a Kashmiri Pandit woman through ancestry desires to build a domestic in Jammu and Kashmir if you want to rediscover her roots but because of the abnormal discriminatory legal guidelines is unable to buy assets inside the kingdom being a none- permanent resident and further married out of caste,” it stated.
“Despite being a Kashmiri Pandit via the Foundation, the nation does now not understand the petitioner as a citizen. Further in total violation of the loved constitutional best of gender equality, the ladies of Jammu and Kashmir do no longer have equal rights as men in terms of citizenship rights for spouses and their youngsters,” the petition said.
In an associated count filed by Delhi-based NGO ‘We The Citizens’ challenging Article 35 An of the Constitution, a bench headed by using the Chief Justice had referred the case to a bigger bench denial in addiction.
(This tale has no longer be edited by Business Standard group of workers and is car-generated from a syndicated feed.)
Since a property manager is a fiduciary they must act with the highest good-faith and fair dealing with respect to the owner’s asset, disclose all material information that may affect the owner’s decision-making with respect to that asset, and can’t in any way, shape or form act adversely to the owner’s interests. This may sound easy, but there are situations that arise that tempt even the best property managers to sometimes not act in their client’s best interests to suit their own self-interested convenience. Unfortunate as that may sound it happens regularly.
The following is a short list of some common sense duties, rights, and wrongs when a fiduciary relationship exists between a manager and an owner.
A manager should have a written agreement with their clients and may even be legally entitled to profit from services for which they provide to the owner, however, a manager may not secretly profit from this relationship. For example, a manager may charge an eight percent markup on materials and services provided by vendors to the owner’s property. This is legal and acceptable provided that the agreement between the parties is in concert with the markup. If this markup was not in the agreement then the law requires a property manager to disgorge or relinquish any and all secret profits derived from the relationship. There are so many possible examples of this, but a common one is a manager making a percentage profit on work and services provided to their clients but not disclose
A property manager is required to disclose any and all rental offers received along with documentation of those offers such that the property owner is well informed about all potential tenants. It is easy for a manager to fail to provide names of potential tenants that don’t necessarily qualify or are poor credit risks as this would involve more work for the manager.
A property manager is statutorily required to act for the sole benefit of the asset owner in matters that evolve from the relationship, whether or not those matters are seemingly insignificant or they are significantly material.
Information about a tenant who falls behind on their rent must be immediately communicated to the asset owner. If your management company is using a software system that allows an “Owner Portal” then this information is readily available to see and anytime one has access to the internet.