Advocate Ashima Puri

Questions Answered by Advocate Ashima Puri

Q: can husband give the property to his wife for gift deed?

can husband give the property to his wife for gift deed?

Advocate Ashima Puri answered
Dear Querist Yes the husband can gift property to his wife. In case it is ancestral property devolving on husband and if he gifts to wife it will be conveyance of property and Stamp Duty is playable. Tranferee if woman will get rebate in the rate of duty. In case the property is self acquired and/or in joint name with wife, Relinquishment Deed can be made. In case of Relinquishment no Stamp Duty shall be payable. Regards

Q: Original mother troubling after giving the child to adopted mother.

My sister adopted a child 12 years back. It was adopted through somebody. Now the original mother is harassing and claiming the child back. She has also filed a civil case. She comes up to sister house and calls out the baby and is also troubling us by reaching out to the child in the school. What can we do in such a situation? We have all the proper documents of the adoption.

Advocate Ashima Puri answered
Dear QueristBoth civil and criminal remedies are available. Criminal Complaint by the adoptive parents can be filed against the original mother. Protection can be sought. Civil suit seeking injunction/ directions can be filed stopping her to harrasse the child.regards

Q: house damaged by Neighbor while construction

my house is damaged due to illegal construction by my neighbour please advice. what can i do here.

Advocate Ashima Puri answered
Dear QueristYou can file complaint with the RWA/ MCD/ POLICE authorities. Alongside you can file a Civil Suit seeking damages and directions from court to the effect that your house be restored to habitable condition as iy existed.Regards

Q: Section 4 of Arbitration Act. Award set aside. How to claim my money?

I had filed a petition under section 34 of the Arbitration & concilation Act 1996 to set aside an Award and pay the money to me with 24% interest.(The Award was which was favouring the ow the judgement has come setting Asside the Award. Now what action should I take to get tne money?

Advocate Ashima Puri answered
Arbitration Award is to be examined to see what merits your claim has got along with other documents forming the basis of your claim. We can institute a separate claim seeking your money. In case the award grants your money as well then execution of that part of the award be sought.

Q: Want to know about Partnership Agreement

I am doing partnership in One Pizza store. Partnership will be 50-50%. I am doing partnership first time, so I want to know which points I should remember before signing partnership document ? So that I can't get cheated in future. Please reply asap. Thanks

Advocate Ashima Puri answered
A good Partnership Deed should contain the following Clauses (with appropriate alternations) as per the understanding of the Partners:- Name of the firm and its Address : The deed should contain of the firm and place of its business.Name and Address of Partners : The deed should also contains the names and address of all partners.Nature of Firm’s Business : The nature of business proposed to be carried and its limitation should be included in it.Duration of Partnership : It the partnership is established for a fixed duration or for a fixed work, it should be stated in it.Partners’ Capitals : The deed should contain the total amount of capital and contributions by each partner.Interest on Capital : If the partners decide to change interest on their capitals, the rate should be mentioned in the deed.Drawing and Interest on them : The deed should contain the limit of drawings by every partner and the rate of interest to be charged.Division of Profit : Profit and loss sharing ratio should be stated in the deed. If it is not mentioned partners are authorized to share equally according to Partnership Act.Partners’ Salary and Commission : If the partners decide to pay salary and commission to the partners, the deed should contain the amount of salary or commission payable to any partner for the services rendered to the business.Rights and Duties of Partners : If any partner has some special rights and duties regarding to conducts of business or if the liability of any partner is limited to the capital invested by him, these facts should also be mentioned in it.Admission and Retirement of Partners : After the establishment of partnership some new partners may be admitted and some may retire from the business. If any definite procedure is to be adopted at the time of admission or retirement of partner, it should be stated in it.Death of a Partner : The procedure of calculating the amount due to a deceased partner and the method of its payment to his successors, should also be decided and stated in the deed.Valuation of Goodwill : The method of valuation of goodwill at the time of admission, retirement or death of a partner should be also be clearly stated in it.Revaluation of Assets and Liabilities : The method of revaluation of assets and liabilities on admission, retirement or death of a partner should also be clearly stated in it.Accounts and Audit : The procedure of keeping accounts and their audit should also be stated in it.Dissolution of Partnership : The deed should contain the firm and the method of the final settlement of accounts.Please feel free to revert to me in case you need more clarity.