Advocate Bhumika Vijay Bajaj

Questions Answered by Advocate Bhumika Vijay Bajaj (50+ answers)

Q: Stamp duty and registration on reconstitution deed after expulsion of

The partnership of 5 has MIDC plot in possession but registration is not done from 9yrs, 4 partners expelled one partner 33.33shares and while reconstituting in addition of 33.33 another 19percent share of the two partners appropriated total 52 plus percent only on rs500stamp paper and did not register even though 52percent of plot is transfers two one of the partner,, is it must to pay stamp duty and register, as after one yrs the plots were register by MIDC inthe name of the recon firm

Advocate Bhumika Vijay Bajaj answered
Dear Sir, your concern is valid and needs careful handling. Under Indian law, a partner's share in a firm, even where the firm holds land, is treated as movable property, so a reconstitution deed that only rearranges shares between partners generally does not need registration. However, under Article 47 of the Maharashtra Stamp Act, where a retirement or reconstitution effectively shifts an interest in immovable property, here a substantial 52% interest in the MIDC plot, higher stamp duty can be attracted. A Rs. 500 stamp paper may then be insufficient and could be impounded, with penalty for the deficit, if the deed is ever produced in court or before an authority. Separately, the expulsion of one partner and the taking of 9% from two other partners will stand only if your partnership deed expressly permits it and the procedure was followed in good faith under Section 33 of the Partnership Act. Otherwise the affected partners may challenge it, even though MIDC has recorded the reconstituted firm. MIDC's own transfer and constitution-change rules also need to be checked. Before taking any step, I would need to review the original partnership deed, the reconstitution deed, and the MIDC allotment and transfer papers. I can then tell you clearly whether to get the deed adjudicated and pay the duty voluntarily, which usually reduces the penalty, and how to protect your share against any future dispute. Please feel free to connect with me for a detailed review.

Q: Is PoA registered in Karnataka valid in Mumbai?

Hello, My father is 82, now residing in Bangalore. Earlier was living in Mumbai. My father has given a PoA to me and my sister to act on his behalf for any property or financial related matters. The PoA was registered in Karnataka and stamp duty of Rs. 1000 was paid. Is the PoA valid in Mumbai? What do I need to to make it valid?

Advocate Bhumika Vijay Bajaj answered
Yes, the PoA can be used in Mumbai, since a PoA registered in Karnataka is legally recognised across India, but it must meet Maharashtra's stamp duty requirements before it will be accepted for property or financial transactions here. Under the Maharashtra Stamp Act, a document executed in another state and later brought into Maharashtra must be presented to the Collector of Stamps in Mumbai within three months of being received here, and any difference in stamp duty must be paid. For a general PoA given by a father to his son and daughter, the duty in Maharashtra is usually nominal, so your Rs. 1,000 may already be enough. It is still advisable to have the Collector formally adjudicate and endorse it, because Sub-Registrars, banks and housing societies in Mumbai often raise objections to out-of-state PoAs without this endorsement. Also, when you use the PoA to sell or transfer property, the Sub-Registrar will usually ask for proof that your father is alive and that the PoA has not been cancelled, so a recent life certificate or affidavit from him will be needed. The exact duty and procedure depend on the wording of the PoA and the specific property or transaction involved, so it is advisable to engage an advocate to review the document, complete the adjudication with the Collector of Stamps, and prepare the supporting papers so you do not face delays or rejection later.

Q: NPA home loan - filed OA in DRT Pune but wants to regularise it

I had taken home loan in April 2019, I paid loan emi upto 6-7 months, then Covid started I got the moratorium of one year, then after 2021 I never paid emi till 2025 due to very bad situation, but last year I started paying the Money directly into the Loan account 3.5L, I requested them to regularise my home loan and provide me some concession for last 4 year's missed emi/interest payment which is around 10L, but they refused total due amount is 30L, loan amount 22.5L, now what to say in DRT

Advocate Bhumika Vijay Bajaj answered
Don't deny the loan in DRT; instead show your bona fides. Tell the Tribunal that you repaid regularly until Covid, availed the RBI moratorium, faced genuine financial hardship, and have voluntarily deposited ₹3.5 lakh, which proves your intention to clear the dues. Demand a detailed statement of account from the bank and check it carefully. Under the Supreme Court's 2021 ruling in the Small Scale Industrial Manufacturers Association case, no interest-on-interest can be charged for the moratorium period, and under RBI's 2023 norms penal charges cannot be added as compounded interest. Any such excess should be challenged, since the ₹30 lakh demand on a ₹22.5 lakh loan may well be inflated. Alongside this, submit a written One Time Settlement or restructuring proposal with a realistic instalment plan, and ask the DRT to direct the bank to consider it and to stay coercive action (such as possession or auction) while you keep paying. A properly drafted reply supported by documents and a reasonable settlement offer usually gets far better results than just requesting a waiver, so it is advisable to have a lawyer review your loan papers and the bank's application before your next date.

Q: Discharge petition after framing of charges

I have received an important evidence to contradict charge sheet. I have not applied for discharge petition and charges have been framed in last hearing. Next hearing is for fixing schedule of prosecution witness. Can I file discharge petition now? Will judge allow. Can I go to high court for quashing now at this stage? Please reply and help me

Advocate Bhumika Vijay Bajaj answered
Once charges are framed, a discharge application is no longer maintainable, because the trial court cannot recall its own charge (Ratilal Bhanji Mithani v. State of Maharashtra). Even at the discharge stage, the court cannot consider the accused's own evidence (State of Orissa v. Debendra Nath Padhi). Your remedy now is the High Court. You can file a criminal revision against the order framing charge under Section 438 BNSS (old Section 397 CrPC), which must be filed within 90 days of that order. Or you can file a quashing petition under Section 528 BNSS (old Section 482 CrPC), which can be filed at any stage. The High Court will consider your new evidence only if it is of sterling, unimpeachable quality, such as a public document or official record that completely falsifies the prosecution case (Rajiv Thapar v. Madan Lal Kapoor). If the High Court does not accept it, the same evidence can still be used strongly in cross-examining prosecution witnesses and in your defence evidence during trial. Please connect with me regarding the charge sheet and the evidence so I can advise which route is best for your case.

Q: regarding overdue notice pasted at home for 2 emi unpaid from June to

Hello sir, I have three loans with nbfc one secured and two un secured. Homeloan two emi unpaid between may to sept. Unsecured one loan three emi not paid due to which nbfc hac pasted overdue notice at home. Can an nbfc do so and defame when the borrower is promising to pay and regularise his all account in coming months. What rights a borrower has to defend himself as a genuine defaulter, Kindly guide on same.

Advocate Bhumika Vijay Bajaj answered
An NBFC cannot unilaterally paste overdue notices at your residence without prior written notice, formal demand, and your explicit consent. This violates RBI Master Direction on Responsible Lending (conduct standards), your right to privacy, and invites defamation liability against the NBFC—not you. The notice pasting itself is the legal violation here, not your default.Your position strengthens dramatically: (1) The NBFC breached procedural safeguards under RBI guidelines; (2) Public/semi-public posting of recovery notices on residential property constitutes harassment and potential defamation of your character; (3) You have a counter-claim for tortious interference, invasion of privacy, and unfair recovery practice. File an RBI Ombudsman complaint immediately citing unlawful recovery conduct, and simultaneously demand written withdrawal of the notice and apology—backed by legal counsel threat.You need an advocate NOW to send a cease-and-desist notice, escalate to RBI, and prepare counter-recovery litigation before the NBFC accelerates SARFAESI action. This is winnable if acted on within 7 days.