Advocate Manish G Varma

Questions Answered by Advocate Manish G Varma

Q: Flat transfer from Brother to Brother

I brought properton my brother name paid by me.I have all transaction details.Now i wish to transfer the falt on my name with minimum expenses.My brother is ready to for the same.Kindly suggest the cheapest and legally valid route for the same

Advocate Manish G Varma answered
The only way is to execute a Gift Deed. You will have to pay Stamp duty of 3% and Registration Charges of ₹30000 If the property is situated in Mumbai. If the property is situated in outside of Mumbai, You will have to pay Stamp duty of 4% and Registration Charges of ₹30000

Q: Registration Settlement Deed and applicability of stamp duty on the it

Two brothers & mother (hindu) wish to enter into settlement deed for a flat in Mumbai where mother will transfer the flat to one brother after her death. Is it required to register the deed? stamp duty is applicable? is there any other option where other brother will not claim the property afterwards? is it required to get NOC/relinquishment from the brother who doesn't get the property?

Advocate Manish G Varma answered
You are not elaborated whose name is the property currently Rajasthan. The property registered in your mother's name, your mother can transfer the property in your name buy gift deed. It’s is mandatory to register the Gift deed and the Stamp duty is nominal as it’s from Mother to Son. If the Gift Deed is registered, then you don’t need the NOC from your Brother. This would work only if the Property is registered in your Mother’s name.

Q: The Negotiable Instruments Act, 188's court jurisdiction and cases

Which Courts have jurisdiction to entertain complaints under Section 138 of the Negotiable Instruments Act? please explain with reference to landmark case/cases?

Advocate Manish G Varma answered
The Courts where you have your Bank account will have jurisdiction over the matter. It is important to understand that you may deposit the Cheque at any Branch but only the Home branch will determine the jurisdiction under N. I. Instrument Act.

Q: Joint Venture Issue with an indian Company

i had a joint venture agreement with an Indain Co and now we would like to depart the agreement , what would be the condition based on india commercial code ?

Advocate Manish G Varma answered
We understand that you had executed the Contract with Indian Co. normally in a Contract, grounds of termination are provided which would also include the manner in which either party can terminate. Under Indian Laws, the terms of your contract would prevail subject to they being not illegal. If your Contract provides that you can terminate the Contract by giving notice, you should give notice of your intention to terminate.Please be informed that this is preliminary view and we haven’t peruses your contract

Q: Validity of will if made without informing me

My mom broke her back & was addmitted in hospital on 10th june 2019 & discharged in 24 june 2019. She stays with her daughter. Her daughter & brother in law refusses to provide any information about her. The flat is in my moms & my name. My brotherly law is makung will without informing me. If they register a will would it be considered a valid will.

Advocate Manish G Varma answered
If a Will is registered, in ideal situation, it would be treated as valid will. As you have informed in your query that you are joint owner of the Flat, you can enter the Flat without restrictions. In the event your Brother in law attempts to stop you from entering the Property, you can file a police complaint or even approach the Court