Answers On Category: General Law
  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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  whether memorandum of Family Arrangement drawn in plain paper which is not stamped , is valid ?
Is it compulsory to prepare Joint Hindu Family agreement in Stamp paper only? Unstamped HUF agreement is invalid?


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  whether Non-Resident can buy the Agricultural land ?
Whether non-resident can buy the Agricultural land. ?


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  when family arrangement document is registered , whether sucession certificate is required ?
Sir, If we sign MOU – Family settlement by all the legal heirs and get the document registered, still we have to go for Succession Certificate from court or the MOU itself is acceptable for transferring the rights of properties. Kindly respond.


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  Whether family arrangement can change mode of distribution of property specified in the Will?
Wanted to know a important aspect.. If a WILL says that property is to be divided 50% can family settlement change the same. 2ndly if any family members after the family settlement has been done sell the property.. Will the person buying be entitled for 50% share or he will be entitled as per portion given by FS in which the portion is more than 50%


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