Animal Protection Laws

1. It is the fundamental duty of every citizen of India to have compassion for all living creatures. Article 51A(g).

2. To kill or maim any animal, including stray animals, is a punishable offence. IPC Sections 428 and 429.

3. Abandoning any animal for any reason can land you in prison for up to three months. Section 11(1)(i) and Section 11(1)(j), PCA Act, 1960

4. No animal (including chickens) can be slaughtered in any place other than a slaughterhouse. Sick or pregnant animals shall not be slaughtered. Rule 3, of Prevention of Cruelty to Animals, (Slaughterhouse) Rules, 2001 and Chapter 4, Food Safety and Standards Regulations, 2011.

5. Stray dogs that have been operated for birth control cannot be captured or relocated by anybody including any authority. ABC Rules, 2001.

6. Neglecting an animal by denying her sufficient food, water, shelter and exercise or by keeping him chained/confined for long hours is punishable by a fine or imprisonment of up to 3 months or both. Section 11(1)(h), PCA Act, 1960.

7. Monkeys are protected under the Wildlife (Protection)Act, 1972 and cannot be displayed or owned.

8. Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets. Section 22(ii), PCA Act, 1960.

9. Animal sacrifice is illegal in every part of the country. Rule 3, Slaughterhouse Rules, 2001.

10. Organizing of or participating in or inciting any animal fight is a cognizable offence. Section 11(1)(m)(ii) and Section 11(1)(n), PCA Act, 1960.

11. Cosmetics tested on animals and the import of cosmetics tested on animals is banned. Rules 148-C and 135-B of Drugs & Cosmetics Rules, 1945.

12. Teasing, feeding or disturbing the animals in a zoo and littering the zoo premises is an offence punishable by a fine of Rs. 25000 or imprisonment of up to three years or both. Section 38J, Wildlife (Protection) Act, 1972.

13. Capturing, trapping, poisoning or baiting of any wild animal or even attempting to do so is punishable by law, with a fine of up to Rs. 25000 or imprisonment of up to seven years or both. Section 9, Wildlife (Protection) Act, 1972.

14. Disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting and attracts a punishment of a fine of up to Rs. 25000, or imprisonment of up to seven years or both. Section 9, Wildlife (Protection) Act, 1972

15. Conveying or carrying animals whether in or upon any vehicle, in any manner or position which causes discomfort, pain or suffering is a punishable offence under two Central Acts. Section 11(1)(d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978.

FAQs ON REGISTRATION ACT

Q1.How ownership of immovable property is acquired?

 

Ans:-A person may acquire immovable property in any of the following ways:By inheritance of ancestral property.

    Through will.

Acquisition by oneself such as purchase etc.

Through gift, trust, settlement deeds.

Grant, sanad / Inam by the Government.

Through partition deed.

Through decree of Court.

There are two ways of acquisition:

By act of parties.

Example: Purchase, gift etc.

By operation of law

Example: Inheritance, decree of Court etc. (for details please see Transfer of Property Act, 1882 (Central Act))

 

Q2. Is it necessary to register in office of the sub-registrar to get patta/khata transferred (mutation) in respect of property acquired by inheritance?

 

Ans:-Not necessary. After the death of owner of a property his heirs, such as wife,children i.e. male and female, married or unmarried may, as per respective personal law, get the Patta/Khata transferred on production of death certificate of the owner with details of property held by him to the following officers.

 

If property is an agricultural land–Mandal Revenue Officer ( under Andhra PradeshLand Revenue Act); if property is house or vacant land in a city/village 

other than agricultural land--Offices of Corporation, Municipality, Panchayat or City survey ifsuch office exists.

 

Q3.Which are the documents required to be compulsorily registered?

 

Ans:-Gift deed of immovable property.Other non-testamentary instruments, which purport or Operate to create, declare,assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and

upwards, to or in immovable property. Eg: Sale, mortgage, partition, release, settlement of immovable property.

Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest;

Leases of immovable property, Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create,declare, assign, limit or extinguish whether in the present or in future, any right, title

or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no affect for the purposes of the said section 53A

 

Q4.How to effect partition of property?

Ans:-If all the parties have share (common right) in the property then partition can be effected. If partition is effected through an instrument then such instrument must be compulsorily registered.

Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not.

Parties to the partition may agree to effect partition of unequal shares.

 

Q5. When there are two or more heir s, can one or two be made full owners by others by taking money in lieu of their share?

 

Ans: Yes. Any of the co-owners can individually or collectively release his / their right in favour of one or more collectively as the case may be and make him / them full owner. This kind of release can be with or without payment of money. This document is called Release.  Release can be made not only in case of inherited property but also in case of joint

purchase/acquisition.

 

Q6.What is a will?

Ans: A testamentary document by which a person bequeaths his property to be effective on his death is a will. The property will devolve on the person in whose favour it is bequeathed after death of testator.

 

Q7.Who can execute a will?

Ans:- Any person above the age of 18 years and mentally sound may execute will, but the will caused by fraud or coercion or by forcefully is not valid. Therefore a will must be executed voluntarily. Parents or guardians cannot execute will on behalf of minors or lunatics. Attestation by minimum two witnesses is necessary. Scribe (deed writer / advocate) cannot be called witness. Two independent attesting witnesses other than the scribe are necessary. Beneficiary under a will should not sign as attesting witness. In order to avoid disputes in implementation of a will, description of property and the beneficiaries should be clearly written without giving room for any doubt. No stamp duty is required to be paid. Will can be drafted on a white paper.

 

Q8.Is it compulsory to register a will?

Ans:- It is not compulsory to register. Executants may register at his option. It is better to register the will. If original is lost a certified copy can be obtained from Sub -Registrar Office.

 

Q9. Where can a will be registered?

Ans:-It can be registered in any office of the District Registrar/Sub Registrar Office of India

 

Q10.Is there any time limit to register a will?

Ans:-  There is no such time limit. It can be registered at any time after its execution.

 

Q11. Can a will be cancelled?

Ans:- The testator can cancel his will at any time during his lifetime.

 

Q12.Can a registered will be rectified or cancelled?

Ans:- If executant of a will wishes to rectify, change the content by way of

addition/deletion of any recital in the original will may do so during his lifetime . This is called codicil. This document does not require any stamp duty.

 

Q13.Can a will be registered even after the death of the testator?

Ans: - Yes, claiming party under the will have to produce will, records relating to the death of the testator, witnesses and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register. There is a procedure called “will enquiry” to be followed by the Registrar/Sub Registrar to register a will presented after the death of the testator.

 

Q14.What is the stamp duty and registration fees for registration of a will?

Ans: - There is no Stamp duty on will deed. For registration of will during the life time of the testator Rs.100 Registration fee prescribed + User Charges applicable. To register the will after the death of the testator Registration fee of Rs.100 and inquiry fee including batta, processing expenses at actual will be collected. 

 

Q15.Is a certified copy of will available to everybody?

 

Ans: - A certified copy of a registered will is available to the testator only during his lifetime. After his death anybody can obtain after producing proof of death of testator.

 

Q16.How to keep contents of a will confidential?

Ans:-Will can be deposited in a sealed cover in office of the District Registrar. A feeof Rs.500-00 prescribed to deposit will in a sealed cover. Depositor or authorizedperson (executor) can withdraw the sealed cover containing a will, if desires to do so.

 

Q17.What is the procedure to obtain sealed cover containing a will after the death of the depositor?

Ans:-On making an application along with proof of the death of the depositor,District Registrar will open sealed cover in the presence of the applicant and it will be registered . Certified copy will be issued if desired. A fee of Rs.100-00 prescribed to  open a sealed cover.

 

Q18.What is the procedure for effecting mutation of the property got through a will?

Ans:-After the death of the testator, person claiming through the will

have to apply to the concerned authorities as explained in question no.2 along with the copy of the will and death proof. 

 

Q19.What are the documents prohibited from

registration under the Registration Act in A.P?

Ans:-Section 22-A of the Act of 1908 as amended by the State of Andhra Pradesh, asit presently stands, reads as under:

 

 "22-A. Prohibition of Registration of certain documents:

--The following classes of documents shall be prohibited from registration, namely:--documents relating to transfer ofimmovable property, the alienation or transfer of which is prohibited under any statute of the State or Central Government;documents relating to transfer of property by way of sale, agreement of sale, gift,exchange or lease in respect of immovable property owned by the State or CentralGovernment, executed by persons other than those statutorily empowered to do so;

 

Documents relating to transfer of property by way of sale, agreement of sale, gift,exchange or lease exceeding (ten) 10 years in respect of

immovable property, owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or byWakfs falling under the Wakfs Act, 1995 executed by persons other than thosestatutorily empowered to do so;

 

Agricultural or urban lands declared as surplus under the Andhra Pradesh LandReforms (Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceilingand Regulation) Act, 1976;

 

Any documents or class of documents pertaining to the properties the State Government may, by notification prohibit the registration in which avowed or accrued interests of Central and State Governments, Local Bodies, Educational, Cultural,Religious and Charitable Institutions, those

attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interest.

For the purpose of clause (e) of sub - section (1), the State Government shall publish a notification after obtaining reasons for and full description of properties furnished by the District Collectors concerned in the manner as may be prescribed. 

 

Q20.What is the purpose of Registration?

Ans:

-

By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered. According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered.

 

Q21.What are the effects of not registering a document required registration?

Ans:- If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908)

 

Q22.Is there a time limit for presentation of a document for registration after its execution

?

Ans:-Document may be presented for registration within four months from the date of execution (signature).

If a document is executed out of India, the period of four month

s will be counted from the date of its first receipt in India.

After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees if the District Registrar grants permission. But document may be presented before Sub Registrar within eight months. Thereafter it cannot be accepted for registration. 

 

As posted in http://registration.ap.gov.in/CitizenServices/FAQS