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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Pradeep Dhruva   30 November 2009 at 14:29

applicability of gift tax

Mrs. A is the owner of the immoveable property and the agreement is duly registered.
She wants to part away 50% of the property to her father and the said 50% of the property will be in joint names of Mrs. A & her father. Following is the query:-
(1) whether gift tax is applicable ?
(2) whether a fresh agreement will be required and also whether it should be registered ?
(3) any other query connected with the above matter.

P.R. DHRUVA

raju   30 November 2009 at 14:20

property dispute

dear sir,i have added few more questions for the same problem in the last paragraph.please check it out and advice me accordingly.
we have a property in delhi which was allotted to my father and his brother after partion of india against the properties of my grandfather in pakistan. the monetery amount for resettlement given to my father and uncle by the ministry of urban development was in ratio of 30% of my father and 70% of my uncle.now both my dad and uncle have expired and now the inheritants of my uncle are asking for a 70% share even though they have never entered our house for last 40 years as they are residing out of delhi.. this property lease papers clearly state that 'division of property is not allowed'..on my side we have 3 inheritants i.e my mother,sister and myself..on my uncles side its also 3 inheretants i.e one brother and 2 sisters.. now we want a settlement on the ratio of half and half on this property on the basis that we have been the only resident of the stated property for almost 40 years..my cousin wants to settle in ratio of 60% for him and wants to give us only 40%....does he have any legal right to enter a house occupied by only my family since past 40 years on the basis of illegal or legal grounds.please advice accordingly.
ALSO I WOULD LIKE TO ASK THAT IF THE THINGS GO TO THE COURT THEN WHAT SORT OF CHANCES WE HAVE OF GETTING 50 PERCENT SHARE.ALSO WHAT CAN BE THE LEAST AMOUNT WE CAN CLAIM FOR OURSELVES ON THE BASIS OF THE FACT WE HAVE OCCUPIED THE PROPERTY AND MAINTAINED IT FOR 40 YEARS,PAID ALL THE TAXES ETC..ALSO THAT ON EACH SIDE OF THIS ANCESTRAL PROPERTY WE HAVE 3 INHERITERS EACH.THAT MEANS FROM MY SIDE WE HAVE MY MOTHER,MY SISTER AND MYSELF AND ON MY UNCLES SIDE THERE ARE ONE SON AND TWO DAUGHTERS AS THEIR MOTHER HAS EXPIRED TOO.DO U THINK IF MY COUSIN DOES NOT AGREE ON 50:50 RATIO OUT OF THE COURT SETTLEMENT THEN SHOULD WE GO TO THE COURT OURSELF.BASICALLY I STILL WOULD LIKE TO KNOW WHO STANDS A BETTER CHANCE IN THE COURT AND THE DECISION WOULD FAVOUR WHOM. ALSO ONE LAST THING IS HOW CAN THE FATHERS AND UNCLES SHARE BE DISTRIBUTED AMONG THE INHERITORS ACCORDING TO INDIAN LAW..ALSO CAN MY COUSIN FORCE FULLY ENTER THE HOUSE WHICH HAS BEEN OCCUPIED BY US ONLY AS HE IS THREATENING US TO DO SO...THANKS



Neville   30 November 2009 at 14:15

Limitation Act 1963

Hello,

I am interested in knowing about this Limitation Act 1963.

1. Are there any amendments to this act. 2. What are the terms under which a person who has possession of a plot of land can stake his / her claim on the property.
3. What is the procedure to be adopted for staking claim under this act.
4. What are points to be taken care while staking claim.

I look forward to your reply.

Regard
Neville Da Silva Mumbai

Pradeep Dhruva   30 November 2009 at 14:07

APPLICABILITY OF GIFT TAX

MRS. A IS HAVING IMMOVEABLE PROPERTY REGISTERED IN HER SINGLE NAME. SHE NOW WANTS TO ADD THE NAME OF HER FATHER IN THE AGREEMENT FOR 50% OF THE SAID PROPERTY. FOLLWOING QUERIES ARE RAISED :-

(1) whether gift tax will be applicable or not?
(2) whether a fresh Agreement will be required to be executed and what about the stamp duty on the new agreement?
(3) any other query connected with the above matter may kindly be specified.

Writer of the query is seeking your valuable guidance.

P.R. DHRUVA

ashok patel   30 November 2009 at 13:06

court merrage

Rs sir
pls tell me the meture age of merrage. i m 25 yr old & she is 18 runing
next year it is possible.

SImham   30 November 2009 at 12:59

division

thing is that my grandfather and my father jointly earned and made property together but registered in grandfather's name;my father have 3sisters of which one died recently.My Grandfather used to be in favour of my father from beginning and now he is harrassing us to leave his house and go away.and also he is interested in giving his property to his two daughters.we are sunni muslims from andhra pradesh.so pls answer my query how to get division?

Y D Sharma   30 November 2009 at 12:33

drafting tips

Dear Sirs,

I need certain drafting tips of legal documents. Please suggest the same.


Regards

Anonymous   30 November 2009 at 12:25

divorce and maintainace

my marriage has been solemanized according to hindu lawin the year 2003 but after one and half year of our marriage i come to know h=my husband drinh=k very heavily and slowly he started torturing me mentally and physically this affected our married life .he is earing 30 thousand per month now i want divorce but he is not ready .we are living saperately since one and half year .i wan divorce with maitenance .we have only one daughter .plz suggest me

Anonymous   30 November 2009 at 12:18

adivce

Mr.r\raj kumar makkad,
In my 3rd query regarding new college for self finance i.e
3. Also advice us with other relevant information in this regard.

You adviced me as under

3. You can run the new college and can shift all self financing courses in the proposed new building in the name of girls college subject to properly handling the matter in the light of latest changes of rules and managing the things properly.

Please also advice me

Whether I have to take recognition & affiliation again from from all relevant authorities including Deptt. of Higher Education, UGC, University etc.

Srimanta Ghosh   30 November 2009 at 12:07

Tax Rate

What is the VAT rate of Stone Chips & Coal Chelly in Jharkhand ?