[bkc]

Originally Posted by carboy

However, if he transfers to her & then she sells it, then registration/excise duty has to be paid twice (once for transfer from him to her & 2nd time for transfer from her to the buyer). So I think it would better if he sells the land & gifts her the money, instead of gifting her the land.

Am I correct or am I missing something?

Hi, It is better if he sells and Gifts the money obtained from the sale. For him, it is long term capital gain and tax will be lesser on gains. He would also be eligible to reduce any maintenance incurred and reduce it from the capital gains.

And for gifting to his son/daughter the stamp duty is very less as it is not a sale transaction.
Hope this helps.

[goandude]

Guys any advice would be appreciated. My wife and I have made our wills and we now need to get the document formalized. When inquiring with a few people I got to know that it could be Notarized or Registered.
What would be the cost and legal implications of these two methods? Location is Bangalore.
Thanks

[WorkingGuru]

Why don't courts want to adopt technology? Existing system is sluggish & lifetimes pass and even then justice is barely served, also its expensive for people to set aside time for dates !

The most complex of engineering instructions, business operations etc are carried out via VC. Students learn tough & quite obscurely explained subjects, via VC. Complex medical surgeries are being done remotely..! But yet somehow courts keep saying that they're facing issues!? Unbelievable. Wish I could understand WHY they're like this!

Our legal system desparately to be affordable and accessible to common and poor of this country. There needs to be a set guideline to evaluate judiciary atleast to a limited extent.

[Gansan]

Originally Posted by goandude

I got to know that it could be Notarized or Registered.
Thanks

I am not a lawyer. As far as I know registering or notarizing a will is not a must. A will clearly written in the specified format even on a plain white paper, and witnessed by two persons is perfectly legal. Preferably it should mention an executor of the will. We just have to ensure the witnesses and executor are much younger than ourselves.

[deathwalkr]

Originally Posted by Gansan

I am not a lawyer. As far as I know registering or notarizing a will is not a must. A will clearly written in the specified format even on a plain white paper, and witnessed by two persons is perfectly legal. Preferably it should mention an executor of the will. We just have to ensure the witnesses and executor are much younger than ourselves.

While there is no necessity as such to registering a will, it does give it some credibility in case there is a dispute in the future.

Also, is there any way we can get an online copy of an original petition of a case? In the ecourt page, I am able to get the depositions and judgement copies but not the OP.

[Gansan]

Originally Posted by deathwalkr

While there is no necessity as such to registering a will, it does give it some credibility in case there is a dispute in the future.

Also, is there any way we can get an online copy of an original petition of a case? In the ecourt page, i am able to get the depositions and judgement copies but not the OP.

I don't see how. The person has made a will, and it is witnessed. He didn't die intestate. I have seen some wills being written like that and learned it is perfectly legal. Lawyers may kindly clarify any finer points.

I have no idea about obtaining online copies of original petitions.

[Cyborg]

Dear Lawyers/legal experts your help requested. Moderators please move my post to the “Lawyers, CA’s help” thread. I tried the search function and even went through all the thread pages but couldn’t locate it.

We have a privately owned garage in our co-operative housing society. This garage was bought from the builder before formation of the society. We face a decently regular nuisance of building members parking/blocking the entrance of our garage. The garage is located in a corner of the building where nobody needs to be. I believe under clause 122 of the Motor Vehicles Act besides defying common sense and decency, it is also illegal to park in front of/block a neighbours garage.

Lawyers/legal experts please explain how it may be put officially to the society and help out with my problem.

Thanks a lot.

Cheers

[ronford]

Hi,

My friend is in discussion for a job opportunity with a company registered in the EU. The company has no plans to set up a Pvt ltd in India and wants to employ him. How will this be handled? Will a friend have to show himself as a freelance consultant?

[FURY_44]

This question is directed to the property lawyers on the forum.

Today a so called "property verifier" turns up at our property in Bangalore and verifies the property owners name & address. Upon enquiring further he says it's for sending a court notice, we were perplexed by his answer, we have been the owners of this site for more than 30 years and there's nothing illegal about our occupancy. We haven't even heard the word "court" with regards to the property ever.

He further adds that the original seller's daughters may have filed a case and he mentioned something called "amin" or "ameen", I couldn't find anything on the internet related to this. If this may be helpful, the area which our property falls in has "B" khata approved only, not A khata.

I would be thankful to anyone who has more information on this.

[Samurai]

Originally Posted by FURY_44

he mentioned something called "amin" or "ameen", I couldn't find anything on the internet related to this.

Amin is the person who delivers the notice, investigates the property dispute on site, etc.

https://indiankanoon.org/doc/1337815/

[carlosTHEjackal]

Can I get any recommendations of a CA who can help in starting a company (Agri based) and also help in audit of the company's income and expenses ?
Preferable location : Bangalore South

[FURY_44]

Originally Posted by Samurai

Amin is the person who delivers the notice, investigates the property dispute on site, etc.

https://indiankanoon.org/doc/1337815/

What a mess!, we have no idea what the notice is all about, quite stressed.

[audioholic]

Originally Posted by FURY_44

Today a so called "property verifier" turns up at our property in Bangalore and verifies the property owners name & address. Upon enquiring further he says it's for sending a court notice, we were perplexed by his answer, we have been the owners of this site for more than 30 years and there's nothing illegal about our occupancy. We haven't even heard the word "court" with regards to the property ever.

Not a lawyer but this is a common money making scam nowadays where one of the stakeholders turn up with an argument that they were not a part of the sale deal or had not consented, so that they can extract some money out of the buyer. But since you have possession of the property for so long, their case will be mostly dismissed. Dont worry much regarding the outcome, since it will be on your side itself, but this is going to be a bit of a hassle, so if you really receive a notice be prepared to fight it out. The typical tactic is they would threaten you with a court notice, and try to demand money for an out of court settlement. But I feel you should not budge and just get to the court which would also dismiss this case pretty easily, and after a certain point of time the other party will give up.

The issue with out of court settlement in these scams is they demand a portion of the property's current value, which is absurd since it would have been a paltry sum when you purchased it. This increase in prices has itself increased the greed of certain people especially when it comes to B Khata properties.

Recently it has increased in BDA properties with A Khata also. For example, a grand uncle of mine who has a site was given a call by someone claiming to be from BDA. My uncle purchased this site from a person who had got this site under SC/ST Quota. As per the caller, the eligibility of the seller itself was not true and hence the allotment criteria was not met. The case sounded legit, but this is also some 20 years since purchase. My uncle just mentioned that he will send a lawyer across to wherever asked. After that he didnt get another call. But I am not sure of the legality of this matter and if he would be approached again.

[NetfreakBombay]

Originally Posted by FURY_44

What a mess!, we have no idea what the notice is all about, quite stressed.

Is the chain of ownership intact ? I.e. was ownership of property transferred without signatures of some legal heir in past ? If some women heir did not receive her share, this might create some problem. Though, period of 30 years might help due to statute of limitations.

[FURY_44]

Originally Posted by audioholic

Not a lawyer but this is a common money making scam nowadays where one of the stakeholders turn up with an argument that they were not a part of the sale deal or had not consented, so that they can extract some money out of the buyer. But since you have possession of the property for so long, their case will be mostly dismissed. Dont worry much regarding the outcome, since it will be on your side itself, but this is going to be a bit of a hassle, so if you really receive a notice be prepared to fight it out. The typical tactic is they would threaten you with a court notice, and try to demand money for an out of court settlement. But I feel you should not budge and just get to the court which would also dismiss this case pretty easily, and after a certain point of time the other party will give up.

Thank you so much for this audioholic, money making might be the modus operandi here, your suggestion gives me a lot of confidence, we have a lawyer next door, I will take this up with him if and when the notice reaches me.

Originally Posted by NetfreakBombay

Is the chain of ownership intact ? I.e. was ownership of property transferred without signatures of some legal heir in past ? If some women heir did not receive her share, this might create some problem. Though, period of 30 years might help due to statute of limitations.

NetfreakBombay, the women heir and her sons might be the one stirring this, I think this property was bought by my dad between 1990 - 1995, either the women heir was not born yet or she would have been a minor. We have the GPA and all the property related documents intact with us.