Answers On Category: General Law
  Partition of HUF
1) Who all have to be the signatories to the partition deed? 2) Whether daughter in law and son in law have to be signatories? 3) Whether grand children through son/daughter have to be signatories? 4) Whether spouse of the grand children through son/daughter have to be signatories? 5) What is the position vis a vis the great grand children (children of grand children through son/daughter)? 6) What is the position if any of the signatories is a minor? 7) If possible, please share a draft deed of partition. Thanks in advance


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  Property in mothers name purchased from funds of elder son and father-who is real owner
Property consisting of a plot of land and building constructed afterwards on that , purchased from the funds of Father and elder son in the name of mother(fathers wife ,ie not ancestral property) 40 years back. A registered will was executed 20 year back jointly by father and mother distributing the property in the name of three sons (including one step son and excluding daughters)Now mother died recently. and father is still alive. Now the question is 1) Who are the real owners ie father son duo or mother. 2) Benami transaction act was not in force, hence property will…


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  Gift of an Oxygen Concentrator by a Foreign Citizen to an Indian Citizen in India- Coverage under Foreign Contribution (Regulation) Act and Income Tax Act
When the second wave of Covid-19 was at its peak and people were dying merely for the lack of oxygen beds in the country, the DGFT, vide Notification 4/2015-20 amended Para 2.25 of Foreign Trade Policy, 2015-20 allowing duty free imports of Oxygen Concentrators for personal use through post, courier or e-commerce portals in the list of exempted categories, where Customs clearance is sought as ''gifts", till 31 July 2021. No enabling provisions for relief has been made in any other laws till date. Assuming that an Oxygen Concentrator costs upwards of Rs. 1.5 lakhs, if an Oxygen Concentrator is…


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  What should be done if the Karta of HUF is alive but becomes incapable of contracting?
What should be done if the Karta of HUF is alive but becomes incapable of contracting?


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  Whether ERA applies to business of open plotting of land. ?
Sir, Please let me know whether the RERA applies to business of open plotting of land and business of construction of individual houses  even if the size of each plot sold is below 500 sq. meters. If the applicable to any of them, is there any provision for lesser penalty if applied voluntarily  for registration of the project under RERA provisions, after commencement of sales of open plots/ villas ? If common rules of penalty applicable, what is the outgo please explain.


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  Whether unequal partition of Hindu Undivided Family (HUF) property is permitted ?
DEED OF TOTAL PARTITION WAS REGISTERED AND STAMP DUTY AT TWO PERCENT WAS PAID. ONE COPARCENAR WAS GIVEN RESIDENTIAL HOUSE , THE MARKET VALUE WAS RS ONE CRORE. REMAINING FIVE COPARCENARS WERE GIVEN RS TEN THOUSAND EACH BY CASH AND OR CHEQUES. STAMP DUTY OF RS.ONE THOUSAND WAS PAID WITH REGISTRATION FEES.ALL PROPERTIES TOTALLY PARTITIONED. THIS IS UNEQUAL PARTITION . IS IT PERMITTED. PLEASE REPLY WITH CASE LAWS .


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  Wether father’s property be transferred only on basis of family arrangement ?
Can portion of father’s property be transferred only on the basis of family settlement without paying stamp duty during father’s lifetime?


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  What precautions be taken when a property of partnership is purchased ?
I desire to purchase a House property which is in the name of Partnership firm from Housing Society, what percussions I should take, from the liability of Direct and Indirect taxes and as per general law? I desire to purchase a House property which is in the name of Partnership firm from Housing Society, what percussions I should take, from the liability of Direct and Indirect taxes and as per general law?


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  Wether release of right in the property , will attract stamp duty ?
I am the co-owner of an ancestral flat in Mumbai with my sister. I want to release my share in the flat to my sister for a certain amount. Will this be a release deed with consideration ? What will be the stamp duty since this is ancestral property if consideration amount is mentioned in the release deed ?


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  Can wife enter in to a family arrangement with husband and children during life time of husband ,in respect of self acquired property of husband ?
I am seeking a clarification. Can wife form a part of a family settlement? There is no divorce between wife and husband. Can wife form part of the family settlement among the husband, wife and children during the life time of the husband. It is not an ancestral property.


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