Uncontested Divorce Information

admin On August - 22 - 2010Comments Off

According to Jennifer Baker of the Forest Institute of Professional Psychology in Springfield, Missouri, 50% of all first marriages will end in divorce, 67% of all second marriages will end in divorce, and 74% of all third marriages will end in divorce. Many times people go into marriages for the wrong reasons, and predicting the future many years down the road is quite impossible. Thankfully, in the U.S. it is quite simple to get a divorce, that’s if it remains uncontested by the spouse. If the spouse does not agree with all the conditions of the divorce that’s when your going to need a lawyer.

When filing for an uncontested divorce it is not required that you have a lawyer. An uncontested divorce is simply a form you file. If both you and your spouse agree that a divorce is the best option, and can agree on the terms of the uncontested divorce, then filing for divorce will be very inexpensive and easy. You can download uncontested divorce kits that help you prepare your own for a mere twenty bucks, or pay a paralegal or attorney to prepare the form for you for about two-hundred bucks. If you both can not agree on how the assets you jointly own can be divided then you will need a lawyer to contest the divorce in court and allow the judge to decide how to split those assets for you. Although, If you both agree on how your jointly owned assets can be divided then you qualify to file for an uncontested divorce, which doesn’t require a lawyer.

Understand that once you file and both agree to the uncontested divorce, then the divorce is final. In a contested divorce, which requires a lawyer, the judge will usually do what is called a “trial separation”, where couples will separate for awhile to see how life works without each other. Sure if you want to go the expensive route and If the judge put you two on trial separation you could change your mind about divorce before the proceedings are finalized; but this will cost you even more money, plus all the time you wasted just to get to this point.

Now that you have a good idea about the differences between contested divorces and uncontested divorces, let me be clear about uncontested divorces, which is obviously the best route to go. An uncontested divorce means that both parties completely agree that divorce is in their best interest and there is nothing left to argue about, either in terms of the divorce itself or the division of assets. Some couples may have already split their assets and moved out, so filing for divorce for them is almost just a formality.

In an uncontested divorce a divorce lawyer is not necessary. Sometimes people will bring one to the proceeding just in case their spouse begins to argue about the conditions of the divorce. My ideas on bringing a lawyer to the proceeding is that it’s not a good idea. They may create argument and you may be in many future trials arguing about the conditions of the divorce for along time to come with your expensive trial lawyer at your side. On the other hand, if your spouse brought a lawyer to the proceeding and is arguing about the conditions of the divorce, then it’s probably in your best interest to contact a divorce lawyer immediately.

If you do decide to use a lawyer, research there past trial experience. Did they win, or did they lose most cases? Is your lawyer familiar with the divorce laws in your state?

Going through a divorce can be easy, or it can be pain staking. Find out if your spouse wants a contested divorce or uncontested divorce. Make sure that you are ready to do everything you can to make your divorce go smoothly, and allow yourself to restart your life on the right foot.

Information of Hotel Industry Laws in India – Part1

admin On August - 6 - 2010Comments Off

Introduction

Hotel Industry in India is witnessing tremendous boom in recent years and going through an interesting phase. One of the major reasons for the increase in demand for hotel rooms in the country is the boom in the overall Economy and high growth in sectors like information technology, telecom, retail and real estate. Rising stock market and new business opportunities are also attracting hordes of foreign investors and international corporate travelers to look for business opportunities in the country particularly growth in tourism sector. As hotel industry is inextricably linked to the tourism industry and the growth in the Indian tourism industry has fuelled the growth of Indian hotel industry.

Explosive economic growth in India ignites unquenchable demand for hotel rooms. With huge investments flowing into India for the development of infrastructure such as roads, highways, airports and convention centers, interest in hotel developments is hitting new highs as tourism, business and travel are on the rise.

The booming tourism industry has had a cascading effect on the hospitality sector with an increase in the occupancy ratios and average room rates. And with the continuing surge in demand, many global hospitality majors have evinced a keen interest in the Indian hospitality sector. It is estimated that India is likely to have around 40 international hotel brands by 2011.

Opportunities

The spurt in India’s tourism industry growth has had a ripple effect on its hospitality sector. Rising income levels and spending power combined with the governments open sky policy have provided a major thrust. The industry is growing at a very rapid pace and there is a demand for more rooms both in metros and smaller towns. It is estimated that India is likely to have around 40 international hotel brands by 2011.

India’s booming hospitality industry has transformed into a veritable basket of the choicest of rooms, food and beverage, health and business facilities, travel packages and everything that you can think of. New global entrants are vying with existing local players to provide world-class services at prices suited to every pocket.

An estimated 4.4 million tourists are expected to visit India with an annual average growth rate of 12% in the next few years. The domestic tourist market is also flourishing. The commonwealth games in 2010 will add to the demand for quality accommodation.The Government of India’s Incredible India destination campaign and the Atithi Devo Bhavah campaign have also helped the growth of domestic and international tourism and consequently the hotel industry.

The opening up of the aviation industry in India has exciting opportunities for hotel industry as it relies on airlines to transport 80% of international arrivals. The government’s decision to substantially upgrade 28 regional airports in smaller towns and privatization & expansion of Delhi and Mumbai airport will improve the business prospects of hotel industry in India. And the upgrading of national highways connecting various parts of India has opened new avenues for the development of budget hotels in India. Taking advantage of this opportunity Tata group and another hotel chain called ‘Homotel’ have entered this business segment.

If you want to read article go to second part of this – Information of hotel industry laws in india – part2.

Before purchasing any sites especially agriculture land for non agriculture purpose approval under relevant laws viz. Karnataka Land Reforms Act, 1961, the Karnataka Land Revenue Act, 1964 along rules and other provisions of law is must. And Bangalore Metropolitan Regional development Authority (BMRDA) is regulating authority to approve layouts on outskirts of Bangalore.Clear title and documentation are hard to come by with agricultural land of Bangalore (Karnataka). The following is a useful checklist of documents for review by a Bangalore law firm / lawyer before purchasing Agricultural land:Mother deed and sale deed: It is very important document to trace the ownership of agriculture land. And it is basic document that shows how the property at the commencement was acquired there after there will be series of transactions such as sale gift law in Bangalore etc.   

Akarbandi: Land topography sketch issued by State Revenue Authority viz. survey department. It establishes the survey number and to whom the particular survey number was originally allotted and the land / property revenue assessment details. 

Encumbrance Certificate: Certificate from State Revenue Authority stating that there is no lien on the land / property (Has to be obtained for the last 30 years)

Family Tree of the vendor: State Revenue Authority document required to ascertain whether other family members have a stake in the property

Saguvali Chit: It is also called Grant Certificate. This is issued on Form No..VII in case of grant of Govt. land to the eligible persons for cultivation. This establishes title of the persons in the Saguvali Chit to the land granted.Conversion Order: Conversion certificate has to be obtained for non agriculture purpose & that has to be checked to determine whether it is DC converted or not.  Khata and up to date Tax-paid receipts: Khata in Form MAR 19 (issued prior to 19. 05.2003) along up to date Tax-paid receipts.Land Acquisition Status: Endorsements from State Revenue Authority certifying the Govt. acquisition status for the property for instance Notification by B.D.A. or KIADB for acquisition.

Mutation Extracts: History of changes in ownership (for 30 years) as documented in the Khatha Certificates issued by the State Revenue Authority. This is an extract from the mutation register maintained by the village property accountant.

NIL Tenancy Certificate/Form No.7 Endorsement: State Revenue Authority certification stating whether the land has any tenants. This issued by the Tasildar. This endorsement certifies that there no tenancy cases pending in respect of property in question as per the KLR act 1961.    

Podi Extracts: Property partition document among siblings if any.

Property Tax Paid Receipt: Latest tax receipt validating that the property tax status is current.

RTC (Record of Rights) / Phani: This is primary record issued by the villager Accountant. It contains details of Survey number, total extent of land property, names of the owner including details as to conversion of land from agriculture to non- agriculture property. (has to be obtained for the last 30 years as per Bangalore law) Section 79A & B endorsement U/KLR Act, 1961: These are issued by Tahsildar. These endorsement certifies that there no cases pending against the person owning the agriculture land / property.Village Survey Map: Land location sketchPatta Book: This book contains information regarding the payment of land revenue and other Govt. dues & information of cultivation. And also contains a copy of the record of rights to the land / property situated in Bangalore.Tippani:  This issued by the Survey Dept. It shows a sketch of the land as the records of the survey Dept.Comprehensive Development Plan (CDP), Zonal Regulation Map and Survey Map. Apart from the above property should not come within the Green Belt Area.