Dr. Abdul Jabbar

Questions Answered by Dr. Abdul Jabbar (25+ answers)

Q: Property dispute: my father's room claimed by relatives

My father bought and built a 4×6 room in Kandivali East, Mumbai 15 years ago. Now his 3 brothers are claiming equal share by forcing him to sign a stamp paper through village pressure. It says he will get only ₹40,000 as reimbursement. They are threatening that if he doesn't share, he will lose rights in village land (Gopalganj, Bihar). We are financially weak. Please help us protect his ownership legally.

Dr. Abdul Jabbar answered
Do NOT sign or accept any such stamp paper or agreement under pressure. It will be legally voidable if signed under coercion, but avoiding it altogether is safest.

Q: Stamp duty and registration fees of a flat gifted by brother to siste?

...in blood relationship, if a real brother is gifting a flat worth more than 70 lacks to his younger sister, then while transferring it, what will be the stamp duty and registration fees for the procedure as per the present Act. regarding gift sale deed, happens in Pune, Moshi PCMC area(where the property is situated)?

Dr. Abdul Jabbar answered
Unfortunately, no. While Maharashtra offers a flat ₹200 stamp duty for gift deeds between certain close relatives — like parents, children, lineal descendants — siblings do not fall into that category. This is confirmed by:Lawrato: “There is no exemption in stamp duty for executing the gift between the brother and sisters though they are blood related…exemption is given to blood relatives who are ascendants and descendants.” Shivay Services: Lists stamp duty = 3% + LBT 1% + Metro cess 1% + registration 1% for gifts between brother and sister.

Q: Sc Catogary land transfer to general Catogary

my grandfather bought the sc category land 9 acre in 1950 on this friends name now i want the land on my name so that i do tell me detailed process

Dr. Abdul Jabbar answered
To transfer SC Category land (Schedule Caste land) that was purchased by your grandfather in 1950 but in his friend’s name, into your name now, you’ll need to deal with ownership, legal title, and caste land transfer restrictions. Here's a step-by-step guide depending on your situation:---⚠️ Important Legal Aspects:1. Benami Transaction Issue:Since land was bought in a friend’s name but by your grandfather, it may be considered a benami transaction under the Benami Transactions (Prohibition) Act.However, this law was not in force in 1950, so older transactions may not be strictly prosecuted, but proving ownership is still legally complex.2. SC Category Land Restrictions:Land given to or reserved for Scheduled Castes (SC) often cannot be transferred to non-SC people without government permission.If you are not SC, transfer is more difficult.If you are SC, process is somewhat easier but still needs evidence.

Q: Informing/consulting of Registered Gift Deed execution

Dear Sir,Religion:HinduMy Father has gifted me(only surviving the Son) his flat(100%), self earned immovable property through Registered Gift Deed.Was it mandatory to inform/consult other legal heirs before Or after the execution of the registration Gift Deed - by my father Or - by myself Or -by both(my father and myself)

Dr. Abdul Jabbar answered
No, it was not mandatory to inform or consult any other legal heirs either before or after executing the registered gift deed, provided:Your father was the absolute owner of the flat (i.e., he purchased it with his own money and it was not ancestral or joint family property),And the flat was self-acquired property.

Q: case pending in metropolitan magistrate court andheri

we have filed case in metropolitan magistrate u/s 107, 109, 120A, 120B, 405, 406, 415, 417, 418, 420 on 10-03-2022. First 8 date we have to wait for order. Than magistrate changed and new magistrate gave four dates for argument. now i want to now what is the time limit in above case.

Dr. Abdul Jabbar answered
there is no time limit to resolve the criminal cases it is dependent upon witnesses and as per your lawyer you can contact with your lawyer and ask him to visit regular immediately therefore you have to get justice in the concern case .For more details eight zero five five five six five seven five seven.