Thursday, September 25, 2008

How to gift a property: what conditions need to be fulfilled for a real estate gift to be valid

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There are various methods of transferring property and one such is 'gift'. The expression gift means transferring movable or immovable property by a person to another person out of love, for services rendered, or in appreciation of an excellent action or deed.

Under the Hindu law, a gift of immovable property of any value must be made through an instrument called the 'gift deed', which must be registered. It must be within the framework of the Transfer of Property Act, Registration Act, and The Indian Succession Act.

According to the Transfer of Property Act, a gift is a voluntary transfer of existing movable or immovable property from one person to another person without any price consideration. The person who transfers the property is called the 'donor' and the person who accepts the transfer is called the 'donee'. A transfer is not complete without acceptance.

A gift must be free, absolute and unconditional except in cases where a land or building is donated for a particular purpose, like constructing a school or college, running a hospital or an institution. The deed may be revoked if the conditions are not fulfilled. A gift with the condition that the donee will not alienate the property is irrevocable.

The donor can give in gift an existing property, and not a property that he might acquire in future. The donor must ensure that the donee is competent enough to accept the gift. Only a major can make a gift and not a minor unless the guardian of the minor is empowered to do so. A minor too can accept a gift if he can understand what it is all about, or he can accept it through his guardian.

The bare essentials of a gift deed are, it must be done on donor's free will and without any price consideration, it must be accepted by the person or on behalf of the person to whom it is transferred, it must be done during the life time of the donor and the donee, it must be an existing property and not a future one.

A deed of gift is similar to a deed of conveyance. The apparent difference is that the consideration is love and affection the donor has towards the donee. As a gift requires acceptance by the donee, it is the general practice to make the donee a party to the deed and to make him an executing party as well.
The deed must contain a brief narration as to how the donor got possession of property, that he has the legal right to part with the property, that he is competent to transfer the property, that it is his self-acquired property or his share of ancestral property, that the property is not encumbered, and if encumbered how he will indemnify the donee against any monetary loss, and that the donee is competent to accept the gift.

A donor can transfer an immovable property to the donee out of love and affection he has for the donee, in cases where relatives are involved, or out of consideration of esteem or regard when the property is gifted to a person for whom the donor has high regard or for the benefit of the society for a particular cause.

If the gift is to a public trust or a charitable institution, it is always advisable to follow the procedure of a sale by scrutinising the title as to its ownership, marketability and encumbrance. It must be in writing.

This is necessary because after accepting the gift if the donee invests money on the property by making additions, alterations and renovations to the existing building, and finds that the title to the property is defective at a later date, the donee will have to face innumerable problems.

Defective title prevents the donee from making profitable use of the property. He can neither lease nor mortgage it. Therefore, the donee before accepting the gift must make sure that the donor has the right to part with the property.

The donor must sign a deed of gift and two witnesses must attest his signature. A deed of gift pertaining to an immovable property must be registered. A deed of gift needs the donee's acceptance and therefore the general practice is not only the donee is made party to the deed but also make him an executing party. If the donee does not accept the gift, the mere fact of registration will not make the gift legal.

When a property is transferred in gift, the donor renounces his right, title and interest in the property and the donee is free to use the property and alienate it as he wishes, unless it is conditional. A gift is considered invalid if the property gifted is not in existence, if the donees refuses to accept it, if it is made revocable by the donor, if it is a gift in future, if it is an illegal transfer, or if it is transferred to an incompetent person.

Kids bedroom: 7 tips to make kids bedroom perfect

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For kids, their bedroom is where they play games, read, listen to music, day-dream, or just go to be alone sometimes. So use these strategies to help create a space that will make your child happy

• Talk to your child. Find out what activities and fantasies he or she enjoys; what their favorite color is; and what's unique about their personality that a theme could be built around.

• Let your child have a say about colors, fabrics, and how they want to display their collectibles.

• Make the room multi-functional with exlcusive kids furniture. Since children use their room for many activities besides sleeping, it should have several different zones, such as a play area, reading area, and entertainment area. And for furniture, you should take consultation from Attitude.

• Make storage a priority.

• Keep window treatments simple. Avoid long draperies. Shades, blinds, and shorter curtains are safer choices.

• Choose the right lighting.

• Use wallpaper or paint to add color and texture. And the furniture should be attractive to the kids. Attitude will have some new range of kids furniture very soon. Allow your child to select the design theme.

Right size furniture for your home: lamps, sofa, table, cocktail table, floral arrangements

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•Lamps - should be 28 to 32 inches higher than the arms of the sofa. Don't scrimp on shade size.

•A painting above a sofa should be about the same size as a cocktail table. Groupings of pictures should take up about 1/2 to 3/4 the size of the sofa.

•To look right, an end table should be approximately 1/4 to 1/3 the length of the sofa. Keep it around 27 inches tall (give or take an inch or two) but no more than four inches taller that the sofa arm.

•Your cocktail table should about 16" - 17" inches in height and approximately 1/2 the width of the sofa.

•Floral arrangements are fabulous, but keep them fresh looking and never block conversational view.

•You don't have to go overboard on an area rug, but be sure it is at least bigger than the coffee table. A rule of thumb to keep it from being too big, is to have it cover the "conversational area" of the grouping of furniture it is under.

•Keep your sofa under 1/2 the length of the wall it is against. That is a general rule that won't apply if you have a very tiny space.

•if your throw pillows are around 20 to 24 inches they should look great on a sofa or even a chair.

Make small apartment look bigger: let studio flat, apartment, one bedroom flat look bigger

studio-apartment-flat-dormitory-sublet-one-bedroom-livingroom-central-city-area-jobs-studio-flats-accommodation-dormitory-space-stay-rent-a-studio-huge-furniture-studio-apartment-fancy-teakwood-cupboards-sleek-furniture-multi-utilitarian-furniture-wood-storage-cubes-tea-tableAs more and more people shift to the central city area in search of jobs, studio flats are coming up in a big way. Instead of staying as a paying guest or juggling for space in a dormitory, youngsters these days are happier to rent a studio flat that just has one main room. Getting a studio flat may not be difficult but living there in style is certainly baffling. But really, all one needs is an imaginative mind to create a cozy nook. Huge pieces of furniture are a no-no for anyone renting a studio apartment. Four post beds and fancy teakwood cupboards don't have any place there. The thumb rule for good living in a studio apartment is to choose sleek and multi-utilitarian furniture. Buy good quality multi-purpose furniture that can be restructured when one moves into a larger home. "Innovative storage areas need to be carved out in spaces that would otherwise have gone wasted. A simple method would be to go for a window seat or platform bed over drawers. Just install an efficient closet system instead of a bureau," advised a senior official of Attitude and continued, "another clever way to utilise space is by creating storage space on the walls, doors and even the ceiling using shelves, bins and hooks. Baskets and funky vintage suitcases can double up as a stackable storage as well as side tables and nightstands."

One could use a chest or an ottoman as a tea table and storage unit. It just takes some ingenuity to treat a tailored daybed as extra seating space or configure wood storage cubes to any height or width. Interior decorators say that the best way to make a one-room flat look spacious is to arrange the furniture diagonally. Full-length mirrors, if used judiciously, can give the room an expansive perspective. A collection of small framed mirrors hung from a window will bounce the light around. Often transparent and reflective pieces of furniture with glass or plastic shelves and tabletops can also create an illusion of space. One of the most innovative ways to manage space is to create rooms within the main room itself. Classy curtains hung from the ceilings will subtly separate two zones. Another bright idea would be to place a rug (in warm hues) in one section. Low shoe racks or even bookshelves can act as dividers too.

What creates the magic is the identification of one focal point and then doing it up. The focal point could be a divan with some cushions and bolsters thrown in to give a relaxed look. Even a sofa that doubles up as a bed at night could serve as the focal point. Apart from the central point that needs to stand out, it's advisable to use the similar tones on the wall and in the furniture as well.

8 home interior color tips, color schemes for rocking bedroom, walls, ceilings, living room

Color-scheme-bright-color-bedroom- free-color-visualizing-tool-single-wall-color-scheme-ceiling-look-higher-neutral-color-light-colors-bedroom1. When you decorate your home, think twice about the colours you use. Plan out properly the colour scheme before you even buy the paint.


2. That bright colour might look great in a tiny swatch but garish on an entire wall. Use a free colour visualising tool to help you visualise how the wall would look in your chosen colour, before you spend money on the paints.

3. If you choose a bright colour, consider confining it to a single wall with neutral colours, on the rest of the walls to balance the look. Light colours make a room look larger while dark colours make a room cozier.

4. To make the ceiling look higher, try a very pale colour or white to make it recede. You could try painting the ceiling sky blue so it looks like you are looking up to the never ending sky when you look up towards the ceiling.

5. Wood gives the room a warmer, homelier, back to nature feel. A room with wooden wallpaper, wood floors, and ceiling, lit with warm lights gives you a comforting, cosy atmosphere.

6. Get your basic colour scheme right first. The colour of the floor, walls and ceiling should all complement one another. You could use the exact same colour on the walls and ceiling for an unbroken, harmonious look in a room, to form the background before you add the furnishings or furniture.

7. To use, choose the colour or wallpaper for the wall. Next, choose the floor colour. Then choose the ceiling colour. Finally pick the furnishings. These are compared against the wall colour or the floor colour.

8. Dark colours are easier to maintain as dirt does not show up so easily. Consider black colour for sofa sets, tables and other heavily used furniture, especially if you have little kids or pets in your home.

Friday, September 19, 2008

Safe baby delivery: Types of baby delivery

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I know of a lady who had a caesarian section baby delivery, you will be astonished to know how uninvolved she was through out the process. Her body was numb and a bed-sheet hindered her view of the surgery. When she finally knew that the baby was crying, it took her sometime to realize that the sound was actually coming from her own baby.

Since that was a caesarian baby delivery, she later told me, within a few hours she could figured out that due to pain killer and other medicines she was not being alert of the proceedings and could not focused on the new born baby. Once the affect of the pain killer drugs reduced she consciously realized the distinct and unique cry of her baby.

Delivery is normally known as the part of the second stage. The process begins with complete dilatation and gets over after the baby comes out of the mother.

Normally, Pregnancy should be measured in trimesters from the very first day of the mother’s last menstrual period (LMP), totals up to 40 weeks. Broaldy babies arrive in around one week or two weeks of the predictable delivery date notwithstanding the medical intervention. It’s always advisable though the mother takes specialist assistance.

During the advanced period, pregnant and worried moms have many questions in their mind;

How will she recognize that this is labor?
How will she be able to manage the pain?
Is she prepared enough for this extraordinary event?


Teenage pregnancy

Thursday, September 18, 2008

Quick Pilates exercise: 10 minute pilates

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You may have noticed many an exercises which can tone your biceps at the front of the upper arms, but there is one difficulty though, you can not reach the area underneath. Here is one pilate exercise which should help you. Always remember that the side press-ups have been defined as powerful exercise. You must be aware of the fact that both incorporate the "zip" movement. You may gently squeeze your back passage while bringing the feeling forward to your pubic bone. Then you draw these muscles up inside until you feel your lower abdomen hollow.

This pilate exercise requires you not to use a hand weight of more than 3 kilos. Lie with your knees bent, hip-width apart and parallel. Between your knees place a small cushion, gently zip it and squeeze the cushion while breathing normally throughout. In your left hand hold the weight. Extend Stretch the left arm beyond the left shoulder while palm facing inwards. The upper part is steady and standstill with your right hand. Now gradually take the weight towards your left shoulder, remain the upper part of your left arm still. Now straight your arm and turn your arm in such a way so that the palm faces away from you while knuckles towards you. Gradually decrease the weight towards the right shoulder, keep the upper arm still. Straighten your arm again. Turn your arm back so that the palm faces inwards. Repeat up to 10 times with each arm.

What is Pilates: Definition of pilates, why its so successful

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Pilates is nothing but a form of exercise, originally developed by Joseph Pilates. It is Joseph Pilates who gave emphasis to the unprejudiced development of the body through concepts like flexibility, core strength and awareness in order to support efficient, graceful movement.

Over the last few years Pilates has become one of the most popular exercises in the world.

These days it the whole world is doing Pilates and that too quite religiously. And then there are those who are eager to start a Pilates exercise program. The success behind Pilates exercise program lies in its simplicity. Its not heavy duty, it does not need lot of instruments, with proper guidance you can do it in the corner of your room. And most importantly it works for going beyond all kinds of geographic and health barriers, it works for all kinds of people. Its not athletes and dancers, who love it, along with them senior citizens, women rebounding from pregnancy, and people at various stages of life are also doing pilates exercise.

Tuesday, September 16, 2008

Marine Aquarium Fishy Assets

Marine Aquarium Fishy Assets
Before you turn your nose up at the idea of aquarium fish as a status symbol, let’s clarify that we aren’t talking about the ubiquitous goldfish bowl. The latest indication of a healthy bank balance is a well-maintained marine aquarium, with its own anemone, clown fish (made popular by the film, Finding Nemo) and more exotic species like the scorpion fish, the Moorish idol or the Picasso triggerfish. Marine fish are several times more colourful and eye-arresting than their freshwater counterparts and come at a heftier price tag. Also, remember that many of these species are endangered and buying them without proper documentation could result in a large chunk of your bonus being spent on bailing yourself out of prison.

A Ferritti Yacht Ride Seas

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It’s a dream, but imagine if your boss rewarded you with his American Express black card, what are your options? If you are sea-worthy and get very lucky (there is a long waiting), you could opt for one of the sexy 44 ft Italian Ferritti yachts and sail off into the Mediterranean seas. You could book for it in India too. Of course if your conscience does not pinch you and you are a huge Robbie Williams fan, you could get lured into one of the high-end Riva (Williams yacht cost him US$ 14.4 million) yachts or settle for the Ferritis, which range from Rs 4 crore to Rs 25 crore apiece. If you don’t want to take our word for it, try what Italian conductor Riccardo Muti said of his Ferritti 57 (it cost him approximately Rs 16 crores), “Its elegance and efficiency was just like an orchestra, which can be recognised on the radio.” Also, you enter the exclusive lifestyle of the Riva club and rub shoulders with other Ferritti yacht aficionados like the Shah of Iran, Prince Rainier of Monaco among others.



Aracde Gaming Down Memory Lane

Arcade-Gaming
If you miss the pleasure of the good old arcade gaming days, and fondly remember the great racing games as well as the soda-covered joysticks and greedy coin slots, the BigGames Home Video Arcades is just made for you. The cabinet-sized console packs in all the classic Midway games like Defender, Robotron and Joust and you can even plug in any Xbox or Playstation into the 14-inch monitor. We prefer calling this the Swiss Army box of gaming.


Segway Human Transporter rule the roads

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Japanese prime minister Junichiro Koizumi loves it, George Bush fell off while riding one and recently, the US Commercial Consul in Mumbai challenged Bollywood actor John Abraham to a race on it. The threeyear-old Segway Human Transporter is finally hitting the popularity charts even outside US. It was a big hit at the World Expo 2006 in Japan and from what we hear, the Segway HT is all set to make its debut in India soon. It’s good to own one — not just because it’s a nice toy to flaunt but Segways can make life easy in our congested city roads.


Golf Travel: Ryder Cup 2008

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It’s just not enough to flaunt expensive golfing gears and a good handicap score. A golfer’s experience is never complete without having witnessed the Ryder Cup matches. A biennial event, it pits the best of American professionals against the Europeans and is, by far, the most prestigious event in the golfing calendar. For the 36th Ryder Cup, to be held in September 2006 at the K Club near Dublin, tickets are almost sold out. But hold on, there’s still a chance. Perry-Golf, a full-service tour operator dedicated to golf, is not just promising tickets to all three days of the Ryder Cup but also opportunities to play golf on Ireland’s best courses, including the Jack Nicklaus-designed Mount Juliet. The final three nights of the tour will be conducted aboard the Clipper Adventurer, and guests travel to three more courses, including the Ballybunion Golf Club.Golf-Tourism-Ryder-Cup


Monday, September 15, 2008

Hot air ballooning in Turkey: A whole new world

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How about getting a bird’s eye view of the lunar landscape without the discomfort of wearing spacesuits? Turkey’s inaccessible Cappadocia valleys and narrow canyons are nature’s most dramatic geological formations formed by volcanic explosions, three million years back. And there’s no better way to explore the Cappadocia than on a gentle, free-floating balloon 10,000 feet above sea level. What’s more, at the end of the flight you can head to hotels that are housed within caves, complete with all modernday amenities. Can it get any better than this? The best season to go is during summer. hot-air-balloon-trip-travel



Heli Skiing in the Himalayas for the brave at hearts

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This isn’t for the faint-hearted. Someone who’s been through both the thrills of a helicopter tour of New York and skiing down the Alps will know what we’re talking about. For those who haven’t yet, we suggest heli-skiing in the Himalayas, at places like Hanuman Tibba, Rohtang Pass, Deo Tibba or Chanderkhani Pass, near Manali. You are transported by helicopter to otherwise inaccessible snow-draped peaks, and you ski down a 14,000-feet-high slope to the distant whirr of rotor blades, the sky and snow, and nothing else. With some of the best slopes, largely inaccessible otherwise, heli-skiing is catching up in India. The best season is December to February.

What people want to be forgotten for

Former India President A P J Abdul Kalam had a great idea for the recent special edition of The Times of India brought out under his guidance: Why not ask politicians, social workers, scientists, artists what they wanted to be remembered for? “It’ll make them think,” he said, “and who knows it might make them also change the course of their lives. For instance, if a politician is busy making deals, he might wonder if he wishes to be remembered only as a wheeler-dealer. Put all the responses on a page and let people read. The readers will be able to tell who is sincere and who is not.”

Unfortunately, in answering such a question the truth can get heavily skewed in favour of a personal bias, for who wants to be remembered for negative actions and failings? (Though in all fairness, conservationist Valmik Thapar did say he would like to be remembered for his failing to save the wild tiger even after 30 years of trying.) Of the 29 respondents only two didn’t want to be remembered: politician Pramod Mahajan (“I don’t think I have done anything worthwhile for which people should remember me”) and actor Konkona Sen Sharma (“I don’t want to be remembered for anything. I haven’t done anything yet”). But then they were perhaps being a
little too unassuming. The rest in general wanted to be remembered for some real or perceived integrity.

But would that really be serving President Kalam’s purpose — this focussed showcasing of positive traits or even, in its absence, humility? How would Hitler have responded? Would he have
mentioned his mediocre watercolour attempts? Or, Mussolini? For making trains run on time? May be the President should have told the Times to ask instead: “What do you want to be forgotten for?”

Now there, either the truth will really come out (“For
being a bloody bigot all my life, what else”) and people will know the person was being genuinely honest (and perhaps remember him all the more for it). Or if it doesn’t, or dribbles out in fake confessionals (“For sometimes stealing towels from hotel rooms I was staying in”), they’ll know the person was lying through her teeth (and perhaps forget her all the more for it). So let’s see now, how would Mother Theresa have responded? Would she have said something like, “For even appearing to be discriminating between religions and thus stoking a controversy in the minds of some people”? I don’t know, just a thought.

Spa Therapy Stress Buster

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One of the closest synonyms for luxury is a spa experience. Of course, when we say spa, we are talking of choosing one of the island resorts in the Maldives, like the Taj Exotica or the Six Senses, where you could probably land in your private jet, surrounded by the clear water of the coral reefs around you and the expanse of the ocean spread before you. You have an array of massages — Balinese, Thai, Hot Stone, ayurveda or aroma or one of the more exotic treatments as well. Choose the mat on the white sands and let the soothing sounds of the ocean drive your stress away.



Saturday, August 30, 2008

Rock On!! box office report

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Rock On is doing extraordinary business in multiplexes. Well, you cant expect it doing great business in Bihar and East Punjab. But in Pune, Bangalore and Mumbai multiplexes Rock On, a movie based on ‘spirit of winning’ (just like Lakshya) has registered an awesome 85% opening. In single screens, the movie is not releasing at all, so spoilage factor is less and per screen return will be amazingly high.

I don’t have reports of how other metro and semi metro cities are doing. If anyone has any report of Kolkata, Ahmedabad, Chennai, Delhi, Gurgaon, Noida (should do well in Gurgaon, Noida and Chandigarh) do drop me a mail at krish dot b at gmail dot com.

Indian rock lovers will surely flock into the theatres. Add to that the novelty factor of Farhan Akhtar, a celebrity of his own merit, who has sung some great rock numbers.



Javed Akhtar is a proud man…his son is climbing one step after either.



Taran Adarsh writes

The tremendous appreciation as also the tremendous critical acclaim this film has garnered will ensure a long, successful run for the film. Given its strong opening and equally strong reports, a few distributors/exhibitors this writer spoke to were sure that the multiplexes would increase its shows [from 2/3/4 to 7/8] from Saturday itself.



Thursday, August 21, 2008

Colonoscopy: benefits and advantages of colonoscopy

colonoscopy-benefits-advantagesAccording to an article by John C. Wolf Associate Professor of Family Medicine Ohio University College of Osteopathic Medicine, colon cancer strikes about 30 out of each 100,000 people in the Northeast, with slightly lower rates in other parts of the U.S. About 130,000 individuals are diagnosed with colon cancer each year and more than 56,000 die from it.

Due to colonoscopy, polyps can be detected and removed without an abdominal surgery. Colonoscopy is much more accurate than an x-ray exam of the colon to detect polyps or early cancer. Frequently, polyps can be removed at the same time, a major step towards the prevention of colon cancer.

Colonoscopy appeared to greatly reduce the risk of colorectal cancer, particularly among moderate-risk patients.

What is Colonoscopy, definition, basic colon examination procedure

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The term colonoscopy means nothing but looking inside the colon (large bowel) by a gastroenterologist or a specialized doctor from the similar field. This is the end part of human body’s digestive tract or GI tract. It begins its journey from the cecum that gets attached to the last part of the small intestine. It finishes its journey at the rectum and anus. The colon is more like a hollow tube, of five feet length. Colon’s primary function is to stock up unabsorbed food products prior to their elimination.



Colonoscopy is a safe, effective procedure that enables an the gastroenterologist (or a specialized doctor from the similar field) to assess the appearance of the inside of the colon or large bowel. This process can be accomplished by inserting a finger think (more or less) flexible tube into the anus. The process moves on as it advances slowly, under visual control, into the rectum and through the colon. It is performed with the visual control of either looking through the instrument or with viewing a TV monitor.



Sunday, August 10, 2008

Abhinav Bindra picture, photo, images gallery







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World champion Abhinav Bindra clinched India's first ever individual gold medal at the Olympics, winning 10m air
India's Bindra wins men's 10m Air Pistol
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Abhinav Bindra strikes gold at Beijing Olympics in 10m air pistol

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BEIJING: World champion Abhinav Bindra and a prodigy (but never got media highlights as we always were more concerned with Sachin and likes) clinched India's first ever individual gold medal at the Olympics, winning 10m air rifle event at the Beijing Games here on Monday.

25-year-old Bindra who qualified fourth for the event, shot an overall score of (596+140.5) 700.5 in a thrilling finale which went right down to the last shot.

Bindra's historic feat makes him India's first-ever individual gold medallist, bettering the silver medal feat of double trap shooter Rajyavardhan Singh Rathore in Athens 2004.

"He is the best shooter in the world and I think his is a morale boosting feat for everyone in the contingent," a jubilant Indian Olympic Association President Suresh Kalmadi said after Bindra's win.

In ten rounds, Bindra shot 10.7, 10.3, 10.4, 10.5, 10.5, 10.5, 10.6, 10.0, 10.2, 10.8 to clinch the first berth. China's Qinan Zhu won silver while Finland's Henri Hakkinen won bronze.

Bindra had shot a total of 596 out of 600, shooting a perfect 100 in 3 of the 6 rounds of the qualifiers. Bindra finished 4th to qualify 2 points behind Henri Hakkinen of Finland.


Congratulate Abhinav. He has made our country proud. Leave your comments here.

Saturday, August 9, 2008

Google Adsense down and temporarily unavailable



I cant believe this. Google Adsense is down for maintenance and is temporarily unavailable. I mean Google products are also down for maintenance? I thought these kinds of stuff only happen with small websites, portals and companies. Google is also not above this?

It's showing the unavailability status in multilanguages

Mirror, wardrobe for a beautiful bedroom

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Dresser and storage
Most astrologers and space consultants will tell you that a mirror in front of your bed is inauspicious. So, the designers now eliminate the need of an individual dresser and incorporate the full-length mirror inside the wardrobe. In case you have a space for a dressing room just before the bathroom, then you can add a nice dresser to the space.

Definition, Contingent and vested interest in transfer of property


In case of transfer of property, a person may acquire a contingent interest as against a real interest or vested interest in the property. The relevant provisions to this aspect are contained under Section 21 of the Transfer of Property Act, 1882.
According to statutory provisions, where on a transfer of property an interest is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event does not happen, the person acquires a contingent interest in the property.

Such interest becomes a vested interest under these two circumstances:

In case where on a transfer of property, an interest is created in favour of a person to take effect only on the happening of a specified uncertain event, then on the happening of the event.

In case where on a transfer of property an interest is created in favour of a person to take effect only on the not happening of a specified uncertain event, then when the happening of the event becomes impossible. The not happening of the event should become absolutely certain, beyond doubt.

Such an interest becomes a vested interest in the transferee, either on the happening of the event or when the happening of the event becomes impossible, respectively. For example, if A's property is to be transferred to C in case A and B die before the age of 18. In such a case, C has a contingent interest in the property until A and B die under the age of 18. An interest would be contingent, when some contingency is to happen before the person is qualified to take the possession of the property.

These points of distinction between vested and contingent interest need to be noted:

A contingent interest is inalienable. On the other hand, vested interest is heritable and transferable.

A contingent interest depends solely upon the fulfilment of a condition, so that in case of non-fulfilment of the condition, the interest may fall thorough. On the other hand, a vested interest does not depend upon the fulfilment of any conditions and takes effect from the date of the transfer of property.

In case of a contingent interest there is no present right. However, there is a promise for giving one and is altogether dependent upon the fulfilment of the condition. As against this, in case of a vested interest, there is a present and immediate right. Only its use is postponed.

In case of a contingent interest, the transferee takes an interest of a contingent nature, which may be defeated by reason of non-fulfilment of the precedent conditions. This is not the case in case of a vested interest.

It is to be noted that where, under a transfer of property, a person becomes entitled to an interest in the property upon attaining a particular age and the transferor also gives to him absolutely the income to arise from such interest before he reaches that age, or directs the income to be applied for his benefit, then such interest is not contingent interest.

Repatriation procedures simplified

With the repatriation procedures further simplified, NRIs and PIOs have every reason to smile while investing in immovable property

For Non Resident Indians (NRIs) and Persons of Indian Origin (PIOs) who are investing in immovable property, repatriation of sale proceeds and rental income has been further simplified and made hassle-free. The Reserve Bank of India (RBI) has delegated the powers to authorised dealers of foreign exchange to process the application and effect repatriation.

At present, authorised dealers are allowed to repatriate funds held by NRIs and PIOs in their NRO accounts for sale proceeds of immovable property held for a period of 10 years up to USD1,00,000 per calendar year. Further, authorised dealers were also permitted to allow remittance of assets of foreign nationals, including retired employees/widows of Indian citizen resident outside India and assets in India acquired by NRIs and PIOs by way of inheritance or legacy up to USD 1,00,000. The RBI has now decided to remove the present dispensation of varying amount for different purposes and enhance the overall limit to USD one million per calendar year. Therefore, NRIs and PIOs can now repatriate up to USD one million out of the balance held in NRO accounts.

Repatriation of sale proceeds of any immovable property other than agricultural and/or plantation property or farm house by an NRI or PIO is permitted without the prior approval of Reserve Bank if the property was acquired by the seller in accordance with the provisions of foreign exchange law in force at the time of acquisition or the provisions of FEM (Acquisition and Transfer of Immovable Property in India) Regulations, 2000.

Further, repatriation is permitted to the extent of consideration amount in foreign exchange received through normal banking channels or out of funds held in the FCNR account or foreign currency equivalent, as on the date of payment, where payment is made out of NRE account for acquisition of the immovable property sold. In case of sale of residential properties, repatriation will be allowed up to a maximum of two such properties. The limitation that the sale should take place after three years from the date of acquisition or from the date of payment of final installment of consideration amount, whichever is later, has been dispensed with.

In the case of NRIs who had acquired residential or commercial property in India when they were resident in India or inherited from a person resident in India, sale proceeds of such immovable property can be repatriated with the prior permission of the RBI. Similarly, permission is needed for transferring any immovable property if it is not expressly permitted in FEMA, 1999 or in FEM (Acquisition and Transfer of Immovable Property in India) Regulations, 2000.
Repatriation of current income

So far authorised dealers have been permitted to allow remittances of NRIs' current incomes like rent, dividend, pension, interest etc. net of applicable taxes by NRIs to the debit of their NRO accounts. The RBI has recently allowed the authorised dealers to effect repatriation of such income even if NRIs do not maintain an NRO account in India. What is required is a certificate from a chartered accountant specifically mentioning that the amount specified for repatriation is eligible for remittance and that applicable taxes, if any, have been paid for or suitably provided.

The RBI has also clarified that authorised dealers may credit the current income like rent, dividend, pension, interest etc of NRIs to their Non-Resident (External) Rupee accounts, provided they are satisfied that the credit represents current income of the non-resident account holder, and that income-tax thereon has been deducted / paid / provided for as the case may be.

The apex bank has further clarified that NRIs and PIOs who do not maintain NRO accounts in India and have no taxable income in India need not submit the chartered accountant's certificate for remitting their current income like dividend, rent, pension, interest etc. In case NRIs do not have taxable income in India, all that is needed on the part of authorised dealers is to obtain a simple declaration, in duplicate, to the effect that he is not a taxpayer in India. This provision is applicable in case of remittance of current income by debiting NRO accounts as well as for crediting current income to NRE account of the account holder.

What is Lease definition, Transfter of Property Act, lessee, lessor and transferor

lease-definition-property-information
Defining a lease, and an insight into the creation of leases



Lease has been defined under Section 105 of the Transfer of Property Act, 1882. According to Section 105, 'a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms'.

Accordingly, a lease creates a right to enjoyment of an interest in the property in favour of a lessee. Unless there is a transfer of such an interest, there can be no lease. The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be rendered is called the rent for the lease.

The key points for a lease to exist include - a transfer of right from lessor to lessee, a lessee has a separate alienable interest in the property, the interest is in the immovable property, it entitles the lessee the right to possession of the property in accordance with the lease agreement, the right to enjoy such property is for a certain time period, and the right is given in return for some consideration to be paid periodically or on certain specified occasions.

The underlying principle of a lease is that it is the separation of the right of possession from ownership of property. The word 'enjoy' used above includes 'possession' also.

A suit for ejectment against the lessee does not lie so long as the lease is in existence. It is to be noted that mere personal right of possession of immovable property will not constitute a lease. The right to possess immovable property, which is subject matter of the lease, is vested in the lessee. When a lease is executed, the transfer which takes place is a transfer of limited right to enjoy the property during the period of the lease. The lessee has the right to enjoy the property but the ownership of the property continues to remain with the landlord.

It is to be noted that mere transfer of right of possession without a right to use is not a lease. Similarly, a mere right of enjoyment, without the right of possession in respect of the immovable property cannot be termed as a lease.

There must be a transfer of the exclusive right of possession of immovable property in respect of which the lease is created. After a lease is created, the lessor cannot reserve to himself any share in the right of possession .The words 'transfer of a right to enjoy such property' indicates that all rights of ownership are not transferred.

There are two modes under which leases may be made - they can be made from year to year, month to month, or for a term of less than a year. Leases from year to year include leases for a term exceeding a year, leases reserving a yearly rent and permanent leases. These leases can be made only by way of a registered document. Both the lessor and the lessee or their duly constituted authorities should execute such registered instruments. The instrument creating the lease needs to be properly stamped, executed and registered. Other leases may be made either by way of a registered document or by oral agreement, accompanied by delivery of possession. The registration of such leases is not mandatory.

Real estate and property market in 2009

What will the new year bring in for the housing sector? How will the housing sector scenario be in the year 2009 - will it continue the way as in the past or be different? Without using Tarot cards, we can try to find some answers. By no means, are these predictions for the year. At the most, these may be categorised as wish lists of the participants of the housing sector. Of course, one needs to factor in the developments in the housing sector over the last few months to make any judgement calls.

As is well evident, the era of soft interest regime is over. Although, the housing loan interest rates had fallen down considerably over the years - from 16-17 percent to 7-10 percent, the upward trend had started last year. 2008 saw a hardening of interest rates and RBI itself increased its repo rates. There have been increases in the interest rates by banks and housing finance companies (HFCs), both in fixed and floating rate loans.

As such, with increased inflation, the lending rates on loans also tend to increase. Inflation is affected mainly by crude oil prices and monsoons. Also, as the industrial sector picks up momentum, it may act as a competitor to the housing sector for demand for funds from the banking sector. At the same time, it is to be noted that banks are flush with funds, which means excess liquidity. This may dampen any move of banks to seek a big hike in the interest rates for housing loans.

Under the Income Tax Act, exemptions are available for interest payments for housing loans as well as for repayment of housing loans. In order to obviate undervaluation of property by the purchasers and to increase the revenues of the government, the stamp duty rates on registration and transfer of property may be reduced. And many state governments have recommended this.

Infrastructure development should definitely need to be on top priority on the government agenda. The focus of the government needs to be shifted to development of the infrastructure sector.

A lopsided development of housing sector, divorced from development of infrastructure, would be counterproductive for the housing sector itself. By virtue of its links with other sectors, housing as an industry has tremendous growth potential for other related industries - steel, cement, furniture, consumer goods and durables, as well as the services sector including architects, property consultants, interior designers, banks, housing finance companies and insurance companies.

how to make your bedroom super special

super-special-bedroom

Your bedroom is your haven, make it special.

Creating a niche for oneself in each room is a triumph of one's personality. Your bedroom is your haven, an extension of your individuality, stamped by your tastes, indulgences, personal preferences and comfort. A well planned bedroom effectively enhances space and colours. It can even alter the mood of individuals and rooms. So adapt the eye to varying experiences and enjoy the changes of one's own personalised setting that forms the hallmark of your cozy nest. Elegant, simple and comfortable, make the master bedroom your favourite retreat.

Airconditioner in bedroom, some tips

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Air conditioner

It is imperative to maintain the right temperature for your prescribed eight hours of sleep. Keep the filters of your air conditioner clean to avoid dust allergies and service it regularly. It is advisable to keep plants out of the bedroom. They release carbon dioxide that we can do without. Also, research has indicated often times that it is not healthy to have gadgets like the TV or cell phones around, while you sleep.

Side table side chairs for bedroom

side-table-side-chair-bedroomSide table and chairs

A little glass table top with a couple of cushioned poofies or modas in a cozy corner of your bedroom, preferably facing the blue skies and the greens could make this an ideal place to have your morning tea.

Imagine not smiling to yourself while looking at your wedding or honeymoon pictures or even snaps of your toddler. The nostalgia immediately transports you to happier times and your mood is eased for the night or day ahead. The bedroom is the ideal setting to either have blow-ups or place little pictures in pretty frames by your bedside.

Sing is King box office: Delhi & Punjab shivering under mass hysteria

Sing-is-king-box-office-delhi-punjab
It could not get bigger than this. No faltu ka promotion (it was heavy no doubt, but no one claimed Akshay’s marriage is in stress because of Katrina), no artificial love story or break up, no accumulation of yesterday’s star cast, no six pack, the original fit, Akshay Kumar’s Sing is King is smashing all box office records with élan and ease.

I have heard that Sing is King is doing extra extra ordinary business in Punjab. It was expected but certainly not at this scale. I heard that the movie has collected 1,02,000 from its first show from one single screen theatre in rural Punjab. This is kind of unprecedented because no movie EVER has collected this much amount (or even 60%) from the first day from the same theatre.

In Delhi, the movie is going super strong. Many multiplexes has doubled or tripled the number of shows and still getting capacity. So, there is no spoilage factor, wherein houseful board for one movie leads janta to go for another movie.

Sing is King box office report: Mumbai rocking

Sing-Is-King-Box-office-report-mumbai
Sing is king (or Singh Is Kinng) is shattering records at cinemas in all over Mumbai city. On its very first day, that is Friday it has collected a whopping 1.13 crore nett on its first day. To put things in perspective, super hits like Chak De, Welcome, Om Shanti Om were also not able to collect this much revenue from a single day from Mumbai.

The movie has taken an amazing opening throughout India. From West Bengal to Gujrat, from CP Berer to East Punjab. It was kind of expected as people thronged into the ticket counter as soon the advanced booking opened.

My personal experience in theatres in Andheri is good. In Sun City it is running packed. So is Gaiety, however 24 Karat in Jogeshwari is not showing HOUSEFUL board.

Coir, combination or foam, get a perfect mattress for your bedroom

foam mattress bedroom
Use approved varieties - coir, or a combination of coir and foam. Go in for branded ones as the cost is worth the investment. One has a varied range to choose from in bedspreads and curtains - lacy, see-through curtains, or heavy drapes that keep the sunlight out during summer afternoons or even organza in all its vibrant colours. Heavy layers of drapes helps in keeping sounds low and in colder climes acts as a good insulator.
Bedspreads and quilts in sparkling tones and exotic designs are a must. Patchwork or embroidered patterns in shades of blues, greens, or even a stunning combination of black and gold, will add pizzazz to the room. Satin or even velvet sheets help in adding that extra touch of class.