A Report of Training & Internship

With
Advocate

Prepared & Submitted By:

Shivam Thakkar
PRN no. 2015033800053816
T.Y L.L.B(Special)
 CONTENTS

 Certificate of Internship
 Preface
 Acknowledgment
 Introduction of Organization
 Objective of Organization
 Daily Report
 Concerned Law Study
 Study undertaking and Observation
 Conclusion
 Preface

As a part of the curriculum for Students, The Bar Council of India

has prescribed internship for Three L.L.B Course stream during
the entire period of legal studies under NGO, Trial and Appellate
Advocates, Judiciary, Legal Regulatory authorities, Legislatures
and Parliament, Other Legal Functionaries, Market Institutions,
Law Firms, Companies, Local Self Government and other such
bodies as the University shall stipulate, where law is practiced
either in action or in dispute resolution or in management.

This is an approach to show case my experience of such kind of

training under a Law Firm and have tried my best to do justice
with my activities and put it in black and white with the same
effort I did it during internship.

I am very thankful to Baroda School of Legal Studies to groom me

to such an exposure and drilling from the very initial stage.
 Introduction of Organization

I did my internship under the expert guidance of Advocate Mr.

Chirag. H. Mistry.
He is a well-experienced having experience of more than 15 years,
hardworking, knowledgeable, ethical, prominent lawyer carrying
out his practice in, Vadodara & High Court, Ahmadabad, in
Taxation filed, Negotiable instrument act & Family Matters &
make title for the bank loan.

He has been actively practicing as a lawyer, advocate for the last

15 years and is well-known for his sincerity and professional
approach. He works as the notary and has good skills in drafting
various agreements.

.
 Objective of Organization

 To work hard and give of his best to the profession as a

lawyer

 To do justice.

 To provide effective and accurate legal advice to client.

 To give proper Tax planning advice to client.

 To solve any legal queries of client and to give advice in

family matters.
 Acknowledgment
First of all, I would like to thank the curriculum deciding
authorities for having such practical learning program because
along with theoretical knowledge practical exposure is also
important for students.

I take this opportunity to express my profound gratitude and deep

regards to my sir Mr. Chirag. H. Mistry for his exemplary
guidance, monitoring and constant encouragement throughout the
internship. The blessing, help and guidance given by him time to
time shall carry me a long way in the journey of life on which I am
about to embark.
I am obliged to all the colleagues in the office specifically Mr.
Mahesh sir, Abdul kaka, Ankit bhai and others for the valuable
information provided by them. I am grateful for their cooperation
during the period of my internship.

I also extend my sincere regards to Baroda School of Legal Studies

along with Dean Prof. DR.Uma Iyer Mam, and Co-coordinator Dr.
Rajendra Parikh, for providing with recommendation letter and
constant support.

Lastly, I thank almighty, my parents, brother and friends for their

constant encouragement without which this assignment would not
be possible.
 Daily Report

6st Dec 2021

 On the first day was told to report at 10:00 AM at office after that was allotted
work of arranging files and other paper work.
 I was informed to take a look at office files and other papers.
 I was introduce with Mahesh Sir who is also a lawyer works with sir.
 After that sir told me to collect the stamp paper of various clients from the stamp
office.
 After that I was informed to look at the format of the rent agreement, partnership
deed and other agreements.
 I was asked to learn few Guajarati words and was asked to learn how to type in
Gujarati.
 After that I was told to look at some ITR and Mahesh sir showed me how to file
income tax return.
 By the end of the day I was told to do some filing work.
 7th Dec 2021

 On the second I was asked to visit court after some filling work.
 At the court along with maheshbhai we had to present a document in the solanki
madam court.
 It was a case of land matter so sir asked me to take a new date and to prenet fe
documents.
 After that I was asked to visit other court room just to know which date was
allotted to us in other case.
 After that there was a case of divorce I was asked to take signature of the
concerned parties on few documents.
 After that sir told me to visit the mamladar kacheri(office) for title work.
 At mamladar office I met talati for the land work.
 After that at office I was asked to take print out of the various ITR and was asked
to arrange them in the set wise in the file.
 After completion of the I was asked to read about Income tax slab and other thing
related to the taxation.
 8th Dec 2021

 Today I was told to learn about vetting report and was told to look at the format
and how it made.
 Maheshbhai showed me and explained me the process of vetting report
 In vetting report was told to do background check of business and its documents
and its financial statements and land papers were needed to be verified
 After that the drafting of vetting report was shown to me.
 I was seating with sir while he was drafting vetting report, he showed me what
language should be used and how it should be drafted in the proper format.
 After that I was asked to fill the data for the income tax return in the computax
software.
 I made few mistake as it was my first arranging data in the software sir was very
kind to me explained me my mistake and he explained me how to fill data.
 After that I was asked to make print of the rent agreements and other agreements
 9th Dec 2021

 I was ask to read partnership deed and its formate was showed to me.
 Sir showed me how to type gujarati and was told to type few word by myself
and also was told to frame few legal sentence in gujarati.
 After that I was allotted the work making rent agreement it was to be made in
English language.
 So I took a format of rent agreement and made changes and made changes as
per the client’s requirement.
 After that client was called and there documents were attached with the
agreement and legal formalities like signature and photos were attached.
 After that I was asked to visit court for taking the date of the case along with
that I was asked to give rajachiti in the court for other matter.
 After that sir told me to bring few documents from client place so I went there
to collect documents.
 Before completion of the day I was asked to do some filing work in the office.
 10th Dec 2021

 Sir told me to read few provision of how will is made

 He showed me will draft and was asked to define will
 Was told to read any law related to transfer of property so I read about mortgage
and what are the types of mortgage.
 Section 58 defines the mortgage and its type of mortgage.
 After that I was asked to file income tax result and was asked to take the few
print.
 After that I was asked to visit court for collecting documents regarding a case
 I was asked to arrange files in the office and to make a separate work folder done
by me.
 Today I learnt a very important thing which every lawyer needs to know which
Adjournment Report is. Although it may be unethical on the part of lawyer to
persist a case for long, but practically it arises out of necessity. Today I was given
a chance to fie the adjournment report in the case
 I was assigned to deliver some documents to our client.
 At end of the day sir discuss what I read whole day and guided me on few
provision of mortgage property.

11th Dec 2021

 New vetting report was to be made after documents verification.

 I got to know about few new things in title how land was allotted for any
government projects and what entries were made during period.
 Next, sir had a case of Dishonor of Cheque i.e. Sec 138 of Negotiable Instruments
Act. He had to take chief examination of witness who was an employee of the
accused bank of the said case. So I learnt some what the art of taking chief
examination of witness. A very important thing which took place next was the
cross examination of the witness by the opponent pleader. Now a good lawyer at
 examination should also be a good interrupter of examination by the opposite
lawyer.

 Next, I studied about Civil Procedure Code, Negotiable Instruments & case study.
 I refer the case about the negotiable instruments act. THE NEGOTIABLE
INSTRUMENTS ACT, 1881 ACT No.26 OF 1881 [AS ON 1957] An Act to
define and amend the law relating to Promissory Notes, Bills of Exchange and
Cheques. [9th December, 1881.] Preamble.- WHEREAS it is expedient to define
and amend the law relating to promissory notes, bills of exchange and cheques.

 In this case I learn drafting and from it I know about the law relating to
promissory notes.And I also see that how to argue for this type of cases.
 After that I did some filing work and ended my day

12th Dec 2021

It was Sunday so day off.

13th Dec 2021

 Sir asked me to read the process of the converting agricultural land into non-
agricultural land.
 Which includes section 65 of land law and various provision were included
 Sir asked me few question like what document should be included in process
which were as followed like 7/12 of land form no.6 and 8A of the land are main
documents of the land.
 My studies also included the section 65A which is for converting land to NA to
other NA purpose.
 Then in a random case I attended cross examination. After the cross examination
was over, I went to the Family Court where I found the family matters so as to
check the position of the matter and the next date given.
 14th Dec 2021

 Was told to check partnership deed and if any error found was told to solve any
error or needed was told to add few things
 After that was told to bring E-stamp from the stamp vendor so there was form
given to me to fill details
 The details like name on stamp to be mentioned and address for what purpose the
stamp is to be used
 I visited different courtrooms of Civil Court & Criminal Court. In one of the cases
we learnt about an Affidavit, it’s contents, it’s authorization, it’s language & the
method for filing an affidavit in the petition.
 Today I visited kuber bhavan. In the kuber bhavan lots of type of works done like
land revenue, board of nominee, word of nominee, register of the co-operative
society.
 In kuber bhavan 6th number floor is for office of the register of the registration of
the document were in some valuable and important documents register before
him. I goes there for registration of the land so I saw all the method of the
registration of the land there. So that was the great experience.
 After that i did some filing work and concluded the day

15th Dec 2021

 Today I was allotted work of making vetting report.

 My colleague help me with the report and how to frame that
 Sir checked my report and he explained me my error and helped me to solved it
 After that sir told me to read any law of my interest.
 So I took IPC book and kept reading few sections.
 I was also given work to frame the notice of the negotiable instrument act section
138.
 So I did some frame work of notice in Guajarati language and English as well.
 I showed my framed notice to sir and maheshbhai they were happy with my work
and appreciated my language framing.
 After that I read some provision of section 138 and concluded the day.

16th Dec 2021

 I was asked to file some ITR of our few clients.

 After that Mahesh sir showed me how to file GST return.
 After that sir told me to work on tally
 I did some voucher entry of sales and purchase’
 After that I took print out of the GSTR-3B from the tally software and I learned
how to file GSTR-3B on website.
 After that there was work of framing the will of the person. Sir told me to get it
ready.
 After the framing was completed sir did notary of that.
 I was again allotted some work in tally to write bank in books of accounts

17th Dec 2021

 Today sir told me to visit mamladar office of sama area to observe how and in
which window work relate to agri land is done.
 First half of the day was at the mamladar office.
 After that I was given work of GST and voucher entry.
 I was sir showed me how to do bank reconciliation in tally.
 I was given work of typing rent agreement in gujarati.
 After some filing work I concluded my day.
 18th Dec 2021

 Today sir told me to visit mamladar office of gotri area to get documents for agri
title clearance.
 First half of the day was at the mamladar office.
 After that I was asked to do some entry of sales and purchase.
 After that was told to read section 122 of transfer of property act which include
provision of gift
 Was told to define gift and its essential elements.
 Sir asked me how gift deed is made and what things are to be considered in the
process.

19th Dec 2021

It was Sunday so day off.

20th Dec 2021

 Today was told to do printing work of the title and do stamping work on the files.
 After that sir told me to read about mortgage and how does it work and what
documents are required to create mortgage of the property.
 So I did some research and had discussed my work with sir and other colleague.
 After that there was told to prepare title of bank.
 Title was having some pending case of partition between family pending in
vadodara court.
 It was my time reading order of the court and had to understand what was the
matter of the land and in which direction case was moving.
 After that I was reading the case details and what orders were passed by court and
how that will affect our title of the land
 For that we had to frame new draft to be included in the title.
 After that sir took title for verification and explained us errors made by us and
what should be done in the situation of the cases.
 21st Dec 2021

 Sir showed me how challan was made on the garvi website and what process to be
followed in the challan process.
 After that sir showed me entry of how if there is any government land accusations
were made for purpose of cannal and road building
 What paper work is been done by the government and as per which method
compensation is been provided to the land owner.
 After that there was work of the partnership agreement I was given work to frame
partnership deed.
 After that sir gave me reading work of type of mortgage.
 Till end of the day was reading topic of mortgage which include mortgage in
favor of minor , unifractuary mortgage, English mortgage.
 Other topic include rights of mortgagors and mortgagees
 Were having few doubts in topics sir explained me in simple language so that is
will be easy for me to understand.

22nd Dec 2021

 Today Mahesh sir took me for the bail in vadi police station.
 It was a case of the section 107, disturbing the public peace.
 For that the accuse i.e our client must be taken to the narmada bhawan sir gave
me chance to present in the case.
 I did all paper work and did all legal work for releasing our client.
 I was thankful to sir I was successful in the work.
 After that I had to visit mamladar office for the title search
 There how e-challan is used and what process is to be followed for getting
search of the land
 It was one time experience of visiting the kacheri and experiences the work of
government department.
 23rd Dec 2021
 Today sir told me to read few labour law section and provision.
 As a part of my reading I covered The Factories Act 1948
 In that topic like scope of factories act, definition of worker, hazardous process,
factory.
 Read about how to get approval, licensing and registration of factories which also
include section 7 which is notice by occupier.
 It also includes various officers like inspecting officer, welfare officer, safety
officer and their duties and power was covered.

24th Dec 2021

 Today sir told me to read The Employees compensation act 1923.

 In that definition of workman, wages was covered.
 Sir explained me difference between workman and contractor.
 After that he told me to read provision of compensation if any workman dies, if he
gets partial disable and permanent disable.
 After that I read right of employer and rights of employee and their duties.
 In Second half of the day I was assigned to make rent agreement.
 After I was assigned to arrange some files.
 25th Dec 2021
 Today sir taught about Power of Attorney
 POWER OF ATTORNEY
 The authority to act for another person in specified or all legal or financial matters.
 A power of attorney is a legal document that allows a principle to appoint an agent to act
for them should they become incapacitated.
 The agent is expected to place the principal‘s interests ahead of his or her own, which is
why it is important for you and your loved one to pick a trusted individual.
 There are multiple types of decisions that the agent can be given the power to make,
including the power to : ∙
 Make financial decisions ∙ Make gifts of money ∙ Make healthcare decisions, to giving,
withholding, or stopping medical treatments, services, or diagnostic procedures. ∙
Recommend a guardian.
 WHAT ARE THE FOUR TYPES OF POWER OF ATTORNY
 1. GENERAL POWER OF ATTORNEY.
 2. DURABLE POWER OF ATTORNEY.
 3. SPECIAL OR LIMITD POWER OF ATTORNEY.
 4. SPRINGING DURABLE POWER OF ATTORNEY.
 After that I was asked to do some printing work and stamping of pages

26th Dec 2021

It was holiday
 27th Dec 2020

 Today I was allotted to make notice of 138 of negotiable instrument act.

 In total there were 5 notices to be prepared by me.
 So the first half of the day I was occupied by typing gujarati notice.
 After that I was allotted work of the voucher making and data entry in tally.
 I completed my work and concluded the day.

28th Dec 2021

 Today when I reached office the same will related work was going on, I asked sir to teach
me the procedure of getting certified copy of will from hon’ ble court and he taught me as
below.
 HOW TO GET CERTIFIED COPY OF WILL FROM THE HON’BLE COURT WE
NEED TO APPLY FOR PROBATE OF WILL. - For the probate of will we need to file
the will along with a petition in court. –
 The court will order for will detail to be published in newspaper & give a period of 30
days for any person who has any objection to approach the court. –
 If there is no objection then the probate is granted. - If there are objections then court
have to send summons to the concerned parties to appear. –
 The petitioner has to give a written statement which will be considered as examination-
inchief. –
 Those who has objections then he has to file his reply in court. ∙ The Hon’ble judge will
file the issue of suit. –
 The court calls objectioner lawyer to cross questions the petitioner. ∙
 The court calls the witnesses to file their affidavits with their written statement. –
 The court asks the objectioner to cross questions the witnesses. ∙ Depending on
documents produced & the statement during the cross of petitioners and witnesses the
probate will be granted or rejected.
 29th Dec 2021

 I was asked to prepare Family chart of one client for the matter of land
reference.With great effort and endeavor I made the same and submitted to Sir He
also gave me nice important info about pedhinama.
 He asked me to help him in sorting out the matters by getting the case status
whether the file is pending or disposed
 I was told to prepare title of bank.
 Later he told me to read few section of ipc and asked me to find few cases of
related to that section and told me to refer judgment of that case
 After that sir taught me gujarati legal language what type of words should be used
in the legal matter and how a legal sentence is framed in gujarati language.
 After that Mahesh sir gave me some filing work.

30th Dec 2021

 Today sir gave me work of typing partnership deed in gujarati .
 After that he guided me how advocate should set his practice and in which filed
I want to work as an advocate.
 Told me how to land law is different in Gujarat as compare to other state.
 He told me to read about the ashant dhara( Disturb Area Act) of Gujarat
 Was informed that this law is important in Gujarat and its certificate is
important for land related work.
 Few updated provision as per my reading are as followed

 The amended Act gives the Collector more powers to ascertain if there is a
likelihood of “polarisation” or “improper clustering” of persons belonging to a
particular community, thus disturbing the demographic equilibrium in the area.
Also, the state government is now authorised to review a decision taken by the
Collector.
 A provision has been made for the creation of a special investigation team
(SIT) or committee to probe these aspects. In municipal corporation areas, the
 SIT will comprise the concerned Collector, Municipal Commissioner, and
Police Commissioner as members. In areas other than municipal corporations,
the SIT will have the Collector, Superintendent of Police, and Regional
Municipal Commissioner as members.
 The amendment has added a provision to the original Act that gives the state
government supervisory authority to review the Collector’s decision related to
the Act, even if there is no appeal filed against the same. Jadeja said that
formation of the supervisory authority will be done while framing the Rules for
the amended Act.
 To check the registration of transfer of properties in disturbed areas without the
Collector’s prior approval, the amended Act has a provision to enlarge the
scope of the term ‘transfer’, and include transfer of right, title or interest in or
over such property in disturbed areas by way of sale, gift, exchange, and lease.
To achieve this goal, the Act has amended the Registration Act under which no
property in disturbed areas can be registered without prior sanction of the
Collector.
 The punishment for the violation of the Act was earlier imprisonment for six
months and fine up to Rs 10,000. The amendment has increased the punishment
to imprisonment between three and five years. The fine has also been increased
to Rs 1 lakh, or 10% of the jantri rate (ready reckoner of property prices in
different parts of the state) of the property, whichever is higher.

31st Dec 2020

 Today I visit the fast track court.

 The fast track court is really impressive. In the fast tract lots of types of
cases were hear in the court.
  In the fast tract court lots of types of cases hear in the court like….atrocity
case, criminal case, bail application, motor accident claim, civil appeal,
and all cases under trial are here in the court.
 In the fast track court that’s only 6 courts which are only hear the all trial
cases.
 After that sir gave me work of GSTR-3B.

1st Jan 2022

 Today I was told to read about the Child labour act 1986.
 The few key observation from my reading are as followed
 Prohibition of employment of children in any occupations and processes.--(1) No child
shall be employed or permitted to work in any occupation or process.
 (2) Nothing in sub-section (1) shall apply where the child,--
 (a) helps his family or family enterprise, which is other than any hazardous occupations
or processes set forth in the Schedule, after his school hours or during vacations;
 (b) works as an artist in an audio-visual entertainment industry, including advertisement,
films, television serials or any such other entertainment or sports activities except the
circus, subject to such conditions and safely measures, as may be prescribed:
 Provided that no such work under this clause shall effect the school education of the
Child.
 Explanation.--For the purposes of this section, the expression,
 (a) "family" in relation to a child, means his mother, father, brother, sister and fathers
sister and brother and mothers sister and brother;
 (b) "family enterprises" means any work, profession, manufacture or business which is
performed by the members of the family with the engagement of other persons;
 (c) "artist" means a child who performs or practices any work as a hobby or profession
directly involving him as an actor, singer, sports person or in such other activity as may
be prescribed relating to the entertainment or sports.
 1
section 3A. Prohibition of employment of adolescents in certain hazardous occupations
and process.
 No adolescent shall be employed or permitted to work in any of the hazardous
occupations or processes set forth in the Schedule:
 Provided that the Central Government may, by notification, specify the nature of the non-
hazardous work to which an adolescent may be permitted to work under this Act.]

2nd Jan 2022

It was holiday due to Sunday

3rd Jan 2022

 Today I was assigned work of title of bank.

 After completion of that sir told me to read about the Trade union act 1926.
 Here is few important provision of trade union act which I observed during my
reading.
 The Registrar, on registering a Trade Union under section 8, shall issue a
certificate of registration in the prescribed form which shall be conclusive
evidence that the Trade Union has been uly registered under this Act.
 A certificate of registration of a Trade Union may be withdrawn or cancelled
by the Registrar—
 On the application of the Trade Union to be verified in such manner as may be
prescribed;
 If the Registrar is satisfied that the certificate has been obtained by fraud or
mistake, or that the Trade Union has ceased to exist or has wilfully and after
notice from the Registrar contravened any provision of this Act or allowed any
rule to continue in force which is inconsistent with any such provision, or has
rescinded any rule providing for any matter provision for which is required by
section 6
 For the purpose of an appeal under sub-section (1) an appellate Court shall, so far
as may be, follow the same procedure and have the same powers as it follows and
has when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and
may direct by whom the whole or any part of the costs of the appeal shall be paid,
and such costs shall be recovered as if they had been awarded in a suit under the
said Code.
 After that sir discuss how case related to labour law works and what things to be
considered.
 4th Jan 2022

 Today sir told me to frame the rent agreement and lease agreement.
 After completing that I was assigned to do some entries in tally.

5th Jan 2021

 sir taught me provision and how to prepare will.

 There are some important aspects to include in will. ∙
 It has to be on white paper. ∙
 It has to contain the name of person who is making will his age, designation,
occupation,etc. ∙
 There should be mention of movable & immovable property. These should be in
perfect language &very specific.
 In case of immovable property should contain the survey number, village name,
the city & other detail such as amount of land, etc. ∙
 It contain the name, address, designation occupation, age, religion of person to
whom it is given. ∙
 It contain the clause the person making will is doing it willingly without any type
of pressure, & what he is doing it has it’s full knowledge. ∙
 The person has to mention the date, month & year when it is executed.
 The person making the will has to sign in the presence of witnesses & ask the
witnesses to sign it.
 It can also be that the person making the will tells the witnesses that he has signed
it and wants them to attested it.
 The will has to be registered in the mamlatdar office or registration office.
 Concerned law studied

Land law

Section 58 (a) of the TRANSFER OF PROPERTY ACT, 1882, defines mortgage as,
“A mortgage is the transfer of an interest in specific immovable property for the purpose of
securing the payment of money advanced or to be advanced by way of loan, an existing or future
debt, or the performance of an engagement

Types of Mortgages:
There are six kinds of mortgages which are detailed as under:

1. Simple Mortgage: It has below characteristics:-

i) That the mortgagor must have bound himself personally to repay the loan

ii) That to secure the loan he has transferred to the mortgagee the right to have the specific
immovable property sold in the event of his having failed to repay

iii) That the possession of the property is not delivered to the lender.

2. Mortgage by Conditional Sale: It’s defined as a situation, where the mortgagor ostensibly sells
the mortgaged property –
i) on the condition that on default of payment of the mortgage money (loan) on a certain date
the sale shall become absolute or

ii) on condition that on such payment being made the sale shall become void or,

iii) on the condition that in such payment being made the buyer shall transfer the property to the
seller,

PROVIDED that no such transaction shall be deemed to be a mortgage, unless the condition is
embodied in the document which affects or purports to affect the sale?
This kind of mortgage came into vogue in India during Muslim rule and was given legal
recognition in the Bengal Regulation Act, 1978.

3. Unsufructuary Mortgage: It has below characteristics:-

i) That the possession of the property is delivered to the mortgagee;
ii) That the mortgagee is to get rents and profits in lieu of the interest or principal or both;
iii) That no personal liability is incurred by the mortgagor and
iv) The mortgagee cannot foreclose or sue for sale.
v) That no time limit can be fixed expressly during which the mortgage is to subsist.
This is not prevalent in India
4. English Mortgage: It has below characteristics:-
i) That the mortgagor should bind himself to repay the mortgage money/loan on a certain day;

ii) That the mortgaged property should be transferred absolutely to the mortgagee ; and

iii) That such absolute transfer should be made subject to a proviso that the mortgagee will
recover the property to the mortgagor, upon the payment by him of the mortgage money on the
appointed day

The difference between the mortgage by conditional sale and English mortgage is that in English
mortgage, the mortgagor binds him personally to repay the money.

5. Mortgage by Deposit of Title Deeds:

In England and popularly in India, this mortgage is called the equitable mortgage. Under the
definition under Section 58 (f) of Transfer of Property Act, 1882, the essential requisites of such
mortgage are:
i) a debt should be there
ii) deposit of the title deed with the lender (most essential)
iii) said deposit is with intention that the said title deed shall be security for the debt.

Section 96 of the Transfer of Property Act, 1882 places mortgages by deposit of title deeds on
the same footings as simple mortgages. As such, the security can, like a simple mortgage can be
enforced by a suit for sale of mortgaged property, of course, by the process of the law. And this
kind of mortgage does not require registration and is at par with any other legal mortgage.
6. Anamolous Mortgage:
A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary, an
English mortgage or a mortgage by deposit of title deeds within the meaning of Section 58 of
Transfer of Property Act is an Anomalous mortgage.

Submit
Transfer of Property Act, 1882
According to Section 122 of Transfer of Property Act, 1882 'Gift' is defined as the transfer of
certain existing moveable and immoveable property made voluntarily and without
consideration, by one person called the donor, to another, called the donee, and accepted by or on
behalf of the donee.

Essential Elements Of Gift:

1. Parties to the gift - There must be two parties i.e. the donor and the donee. The transferor
is called the donor and he must be a competent person (competency as defined in Indian
Contract act 1872). The transferee is called the donee and he need not be competent to
contract.
A gift made to a minor or an insane person or even if it is made to an unborn person is
valid and can be accepted by their guardian.

2. Transfer of ownership: When a property is transferred through gift, the right created in
favor of donee is an absolute right i.e. ownership of property is transferred.

3. Subject matter: The subject matter of gift can be moveable or immovable property, but it
should be in existence and the donor should have vested right in that property and not
contingent.

4. Without consideration: A gift must be gratuitous i.e. without consideration. It must be a

pecuniary consideration.

5. Voluntarily: It must be made with donor’s free will and free consent without any force,
coercion, undue influence. If it is not done voluntarily then the gift is void. Voluntarily
done also means that donor had full knowledge about the transaction and its nature.
 6. Acceptance of gift: A gift must be accepted by the donee. Acceptance made can be
expressed or implied but it must be accepted before the death of the donee and before the
revocation by the donor.

Section 123: Transfer how effected

According to section 123 of the Transfer of Property Act, there are two ways to execute the
transfer:

1. By registration

2. By delivery

The method of execution mainly depends upon the nature of the property. When it is a movable
property, delivery of possession is sufficient but when it is an immovable property registration is
compulsory irrespective of the valuation of the property.

Section 124: Gift of existing and future property

When any gift is made comprising of one existing and one future property, the whole gift is not
said to be void. Only the part consisting of the future property will be void and the part
consisting of existing property will be valid. This is because a gift is a transfer of vested right
and not contingent, so what we do not have we cannot transfer it further.

Section 125: Gifting to more than one person

When a gift is done jointly to more than one person and few accept it and few do not, then the
one who accepts it, for them it is a valid gift and for those who do not, it will be void.

Section 126: Revocation of gift

A revocation means annulment of a promise or decree. The revocation of a gift is always done
before its acceptance. It can also be a condition by a donor that on the happening of some event
and fulfillment of some condition, the gift will be suspended or revoked.

It can be done by two methods:

1. Revocation by mutual agreements: when both the parties i.e. donor and donee agree that
the gift will be suspended or revoked on happening of some event, provided that, that
particular event is not dependent upon the will of the donor.
 The condition for revocation is condition subsequent and it must be valid and
enforceable. Any such condition which is not valid, the gift cannot be revoked.

2. Revocation by the recession of contract: gift deed is always preceded by an express or

implied contract. As per the Indian contract act, all the essentials of a valid contract
should be fulfilled. If any essential is not fulfilled, it can be revoked.
For example, if a gift is made out of coercion, that means the donor’s consent was not
there and therefore it can be revoked.

Employee's Compensation Act, 1923

The general principles of workmen’s compensation command almost universal acceptance and
India is now nearly alone among civilised countries in being without legislation embodying those
principles. For a number of years the more generous employers have been in the habit of giving
compensation voluntarily, but this practice is by no means general. The growing complexity of
industry in this country, with the increasing use of machinery and consequent danger to
workmen, along with the comparative poverty of the workmen themselves, renders it advisable
that they should be protected, as far as possible from hardship arising from accidents. An
additional advantage of legislation of this type is that by increasing the importance for the
employer of adequate safety devices, it reduces the number of accidents to workmen in a manner
that cannot be achieved by official inspection. Further, the encouragement given to employers to
provide adequate medical treatment for their workmen should mitigate the effects of such
accidents as do occur. The benefits so conferred on the workman added to the increased sense.

Land Title
A land title or certificate of title is a formal document outlining the rights a person or people hold
in a piece of property. While commonly used to confirm ownership of the property, a title can
also help prospective purchasers and land owners understand more about existing liens, usage
rights, easements, natural resource rights, and other rights. If a property title does not list your
name, another party may legally own the property.

1. A title is not the same as a deed. Deeds are legal instruments used to transfer a title from one
party to another. The deed outlines the terms of the transfer including the parties involved and
the parcel of land. To formalize the transference of land ownership rights, the county clerk’s
office must receive a legally recognized copy of the deed. With the deed on record, the certificate
of title will change to reflect the change in ownership. Both the deed and the title are crucial
instruments in real estate ownership matters.

2. A title proves ownership. Barring a valid legal dispute, a land title serves as an authoritative
record for land ownership. Without the appropriate title, the legal system will not recognize an
unfiled deed or informal contract.

3. Property owners should keep land titles in a secure location. While land owners can
request a copy of the original certificate of title from the county clerk’s office for a fee, most
prefer to keep their land ownership documents together in a safe place such as a safety deposit
box or safe. Access to a copy of the title can facilitate land negotiations and prevent disputes.

4. All owners can hold their own duplicate titles. Each owner of a land title can hold a legally
valid copy of the title. Land owners and co-owners may include those with:

 Tenancy in common. These individuals hold a certain percentage of ownership of the

land.

 Community property. Married individuals often equally share property ownership as

community property.

 Trust-based ownership. During estate planning, many individuals set up trusts as title
owners to offset property tax liability.

 Company-based ownership. A company may legally own the title to the property instead
of an individual or group of individuals.

The register of deeds will make a note of each owner’s copy in the recordkeeping system to
confirm the validity of each county-issued copy. In the case of trust and company-based
ownership, a recognized administrator may hold a copy of the title on the trust’s or company’s
behalf.

5. Prospective land owners often conduct title searches to uncover potential issues. During
a title search, an investigator will look at years’ worth of land documentation to identify potential
issues with land ownership. A title search can prevent unsuspecting new owners from accepting
liability for past issues. For example, a property owner cannot sell or transfer ownership rights of
a property with unresolved tax issues. An outstanding lien can render any ownership transaction
invalid.

Title searches reveal information about property taxes, property work agreements, CC&Rs
(covenants, conditions, and restrictions), issues with deed documentation and unresolved
ownership claims, and more. If a past property owner gave a company or person easement or
property usage rights, the search will also reveal these recorded covenants.
While buyers and lenders commonly use title searches during the buying/selling process, many
other parties may benefit from a title search. Home builders, businesses, and government
officials may all use title searches for risk management and investment protection purposes.

6. Title insurance offsets the risk associated with title transference. To minimize the effects
of issues not discovered during a title search, many land buyers invest in title insurance as part of
the closing costs of a transaction.

Owner’s title insurance often provides coverage for losses up to the full price of the title in the
event that an issued jeopardizes a claim to ownership in the future. Owner’s insurance policies
will also cover dispute resolution legal costs including damages awarded to another party up to
policy limits. Lender’s title insurance protects the lender’s agreement with the borrower. In the
event of a land dispute, the policy will cover the lender’s losses and legal expenses.

7. Land title governance varies, sometimes widely. In the United States, individual states
handle estate and real property governance. Countries such as Australia use a guaranteed title
governance system called a Torrens title system. Under the Torrens system, those listed in the
county title records retain undisputable ownership of the land in question.

Some states in the US have incorporated aspects of the Torrens system into their title governance
systems, but the system remains debated among members of the legal and real estate
communities. Instead, the majority of US states use common law title governance to determine
rights and ownership.

Common Torrens system titles include the Torrens title, Strata title, Company title, and
Leasehold title. Torrens titles are for traditional single owner property/home ownership. Strata
titles govern unit investments in multi-unit complexes (condos, villas, townhomes, etc.).
Company titles allow property owners to hold shares in the company that retains ownership of
the building, not the property itself. Leasehold titles give owners temporary ownership rights for
government-owned land.

Disturbed Areas Act

o More Powers to the Collector: To ascertain if there is a likelihood of “polarisation” or
“improper clustering” of persons belonging to a particular community, thus disturbing the
demographic equilibrium in the area.

 For probing these aspects, the formation of a Special Investigation Team

(SIT) has also been envisaged.
 o Review Power to the State: The state government is authorised to review a decision taken
by the Collector.

o Advisory Committee: Enables the state government to form an advisory committee that
will advise it on various aspects of the DA Act, including adding new areas to the
‘disturbed areas’ list.

o Disturbed Area: The government can notify any area as a ‘disturbed area’ where it sees
the possibility of a communal riot, or where it sees the possibility of a particular
community’s polarisation.

o Strict Provisions:

 To check the registration of transfer of properties in disturbed areas without the

Collector’s prior approval, the amended Act has a provision to enlarge the scope
of the term ‘transfer’, and include transfer of right, title or interest in or over such
property in disturbed areas by way of sale, gift, exchange, and lease.

 The Act has amended the Registration Act under which no property in disturbed
areas can be registered without prior sanction of the Collector.

 Redevelopment of the Property is allowed only if it is for the owner’s purpose.

But if the owner is planning to bring new people on the redeveloped property,
she/he has to take the permission of the Collector.

o Non-Applicability: The provisions of the Act will not be applicable to the government’s
rehabilitation schemes in a disturbed area, where it resettles displaced people.

o Penal Provisions: The amendment has increased the punishment to imprisonment

between three and five years. The fine has also been increased to Rs. 1 lakh, or 10% of
the jantri rate (ready reckoner of property prices in different parts of the state) of the
property, whichever is higher.

 The punishment for the violation of the Act was earlier imprisonment for six
months and fine up to Rs.10,000.

Section 138 in The Negotiable Instruments Act, 1881

Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the discharge, in
whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of
the amount of money standing to the credit of that account is insufficient to honour the cheque or
that it exceeds the amount arranged to be paid from that account by an agreement made with that
bank, such person shall be deemed to have committed an offence and shall, without prejudice to
any other provisions of this Act, be punished with imprisonment for 19 [a term which may be
extended to two years], or with fine which may extend to twice the amount of the cheque, or with
both: Provided that nothing contained in this section shall apply unless—

(a) the cheque has been presented to the bank within a period of six months from the date on
which it is drawn or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for
the payment of the said amount of money by giving a notice in writing, to the drawer of the
cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the
return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to the
payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the
receipt of the said notice.
Study undertaking and observation

It was a wonderful experience at the Chirag Sir office . I observe a lot of facts which I would like
to enumerate here. Here I would like to write down a few observations made during the
internship. These were the learning points for me and which I realised are very important to be a
good lawyer. They are:

 I felt that for advocate it is extremely important to have a good grip and command in
gujarti language.
 The sentence framing for legal documents in proper manner is must for advocate.
 The client has to be provided with proper legal advice as he/she is completely trusting
advocate and his knowledge for the matter.

I felt that internships provide a person with a more specialized, informed, real-world
experience, giving them a better understanding as to what they may want to do in the
future; internships essentially get people well-versed and are more of a teaching
experience.

The whole Internship was incredibly nice and cordial. Perhaps the only thing I derived from it all
as a first hand exposure at how specialized labor leads to the feeling of professionalism. The
senior colleagues were pretty cooperative and kind.

All the criteria important to me in an internship experience were achieved, and I know I have
become a better, and more educated person because of this opportunity.

Therefore, you can find this internship “not guilty” of being a boredom, but “guilty” of making
me more informed and argumentative on certain topics (my parents sure appreciate this).
Learning both about myself, and the field of civil/criminal law, I am blessed to have been given
such an amazing opportunity.
 CONCLUSION

Work environment was very good. I was always in endeavor to learn the true art of applicability
of the law in real world.

Even the associates at the firm were very much cooperative and helped to solve each and every
problem. knowledge of sir in field was beyond my expression.

He always helped us and gave opportunity to express our view in the land matter and title.

I was basically asked to read different case files to have a better understanding of the law.

Being in the final year of my law course, I was basically assigned work of drafting various
agreements and other office work

I also accompanied Sir in drafting of will and any sales and partnership deed. Also, one blessed
day, I got an opportunity to do research on file which was in query.

All the associates were friendly and helped me out in having a better view of this litigating
profession.