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Dhirender Wadhwa   03 March 2018 at 23:44

Procedure & dcoument to change karta of huf

Dear Experts
It has been a great help from you all on different legal issues.

My father has an HUF. Started in 2014 with me handling all its works till date. All income from professional work of mine and my wife were added to HUF, as I am salaried also. In 2016, I opened a trading business (with help of family and my savings) with HUF as the properietor. Have returned all invested amounts. My father being karta, has been complaining as I disturb him (not actually) for all legal works (Audit signs, bank accounts, etc), wherever Karta is mandatory and me handling all else as the authorised signatory. All work and process and dealings are done by me. Recently my father, has been pressurizing me to take over as karta of HUF. (Now 75, he finds all this burdens on him. He wants to be free and be on pilgrimages and tours to my other two brothers living in other cities and abroad.

My brothers had no problems in the issue since starting and have already consented to my father. Please note that Eldest brother has wife and two sons (major) and lives outside India (now citizen in that country). I have wife and one daughter (minor). Two younger brother in India are married with one son (minor each). One sister (youngest) was married when HUF was started (on paper) and lives with husband and two sons (minor). All incomes and business in HUF were put in by me and my wife. No property (ancestral or individual) has been put in.

Kindly suggest the paperwork to be done as I got to know, that Karta of an HUF can be changed. Please clarify grounds and legal proceedings taking into account that eldest son lives abroad and consents sign through proper channel as visiting india is not feasible for him

Imran   03 March 2018 at 19:19

Co operative society bank loan settlement

My father had taken a 300000 Mortgage Loan from cooperative society in Karnataka in 2008 he had paid only interest till 2013 I want to make one time settlement by paying amount 350000 but the BANK is not agree with it please suggest some legal process

MOHAMED FIROZ   03 March 2018 at 17:19

The definition of blood relationship in hiba

.
I now want to register a immovable hiba property under the gift act by paying the stamp duty for Rs. 25000/-.Ten years back my elder brother has gifted this property by hiba to three of us (myself, my son and my wife) under a written hibanama on a Rs. 20/- Stamp paper. We have taken possession of the same and are the outright owners of the property and have got the property tax receipts in our names.

But my lawyer says that a hiba can be made by a donor only to a blood related donee, and as such my son and my wife cannot be considered as eligible donees. He says that the new hiba deed can be registered only between myself and my brother.

But I have read in law journals that a hiba can be made by a donor to any donee who exists, and that the donee can even be a non muslim or a juristic person.
I want to be clarified on the follwing points as per the present Govt. Act.
1. Whether there is any restriction on offering hiba to blood related donors only ?
2. Whether a hiba can be made by a single donor to multiple donees under a single hiba ?
3. Whether my existing hibanama is in order ?
4. Whether the stamp duty of 1% on the value of the gifted properties is applicable in my case ?
4. What is the right procedure to be adopted by me to get a registered document for this property in
favour of myself, my wife and my son ?
MOHAMED FIROZ

Raj   03 March 2018 at 17:12

Buyback

Dear Sir,

In India a MNC manufacturing a product and export to buyer under buyback.
What are the procedure to follow under corporate law and Taxation.

kindly advise key points.

S.Raj

Milind   03 March 2018 at 16:15

Tax applicable on sale of property.

Hello,

We plan to sell a property at Uttar Pradesh soon at rs 90 Lakhs. Please let us know if we are supposed to pay any tax and if yes then the approximate tax that is payable.

nitin bhatt   03 March 2018 at 08:30

correction in judgement

hi, i am nitin from haryana. my religion is hindu. sir i have lost the property suit in civil court. but we found some mistakes in written judgement. now my questions is:- 1. what is the procedure of correction in judgement. 2. how much time it will take. 3. what happen if court found that this mistake is not clerical or typographycal mistake. 4. is it possible that it will change the decision of court. please suggest me its very important for me

Justice seeker   02 March 2018 at 22:21

Filing appeal in high court after 1.5years of judgment

Hi,

My husband and his relatives were acquitted in the dowry case 498a in the lower court in the year 2016 December. I had approached a lawyer for filing appeal in the high court in the month of Jan 2017. Unfortunately, the lawyer cheated me and took huge sums of money but dint file any case since she was not enrolled in any courts of India . I lost almost 1 year by the time I realized this.

But, can I still file for an appeal in the high court against my husband and in-laws?

Thank you

ANUGRHA Trivedi   02 March 2018 at 19:33

On central motor vehicle act section123

The Supreme Court dismissed an appeal on 23rd Feb 2018 filed by the Society of India Automobile Manufacturers (SIAM) against a Madhya Pradesh High Court's order passed on 2008.Supreme Court has ruled that only motorcycles which have some safety features for pillion riders like a saree guard, and hand grips

This order is only for State of MP but it is beneficial for all the other states so I want to file a writ on it at Allahabad Highcourt.

I'm unable to find this order on Supreme court portal, How can i get this order.......Please help me to find it

Thanks!!
Anugrha Trivedi

S. Sri Ramya   02 March 2018 at 19:06

Legal implication of recent Hindu Succession Act judgement

What are the legal implications of recent Hindu Succession Act judgement, in which it was held that daughters who were born before the enactment of Hindu Succession Act 1956 are entitled to equal shares. In this case the father died in the year 2001,before enactment of Hindu Succession (Amendment) Act, 2005. So my query is whether the present judgement would interpret that daughter would be eligible for share even if her father is not alive as on 9 September 2005. Thanks in advance.

Anonymous   02 March 2018 at 17:24

Advocates act and bar council of india rules

Bar Council of India passed certain resolution restricting the appearance of certain advocates in a particular type of courts. A Gazette notification was also issued in this regard. The resolution and the notification came to be challenged before a High Court and the High Court stayed the resolution and the notification.
Some other advocates also challenged the same resolution and the notification before another High Court
My Query is-
1. Whether stay order passed in respect of the resolution and the notification is binding on other high courts also and they should follow it.

2- Whether enforcement of said resolution and the notification by any of the State Bar Council despite of stay amounts of Contempt of Court. If yes which High Court will have the jurisdiction for cognizance and what will be the procedure.

3. Whether there is any Judicial pronouncement/authority for this.