Advocate Kiran Sharma

Questions Answered by Advocate Kiran Sharma (25+ answers)

Q: Gift deed from son to father of residencial property

I need to transfer property ownership in Maharashtra, via gift deed to my father. Is it possible? And what stamp duty and taxation it can attract?

Advocate Kiran Sharma answered
Yes, it is possible to transfer property ownership in Maharashtra to your father via a Gift Deed. A Gift Deed is a legal document through which the donor (you) voluntarily transfers the ownership of the property to the donee (your father) without any consideration or payment.In Maharashtra, the transfer of property through a Gift Deed attracts stamp duty, which is calculated as a percentage of the market value of the property. For the transfer of property by gift to a close relative, such as a father, the stamp duty rate is typically 3% of the market value of the property. Additionally, a registration fee of 1% of the market value (subject to a cap) is payable under the Maharashtra Stamp Act, 1958.In terms of taxation, the transfer of property through a Gift Deed to a close relative is exempt from Income Tax under Section 56(2)(x) of the Income Tax Act, 1961. However, if the property has appreciated in value, the capital gains tax will be applicable at the time of sale by the donee in the future. The period of holding by the donor is considered for determining long-term or short-term capital gains tax.It is advisable to consult a legal professional to ensure compliance with all formalities during the process.

Q: Fake case of Pretext of marriage gainst Boy

The girl is threatened my friend to file fake case against him of pretext of marriage and forceing him to marry her while he caught her cheating on him with another guy. The girl initially said sorry for her mistake but when my friend try to do breakup she started threatening him and his family for filing fake case of pretext of marriage. The guy is government employeeso she threatened h of loosing his job too. What should he do to save himself?

Advocate Kiran Sharma answered
Your friend is in a challenging and distressing situation, but it's important to address this matter calmly and legally. Here's what he can do to protect himself:Document Everything: Your friend should keep a detailed record of all interactions with the girl, including texts, phone calls, emails, and any threats or demands. This documentation will be crucial if the situation escalates or if he needs to defend himself legally.Consult a Lawyer: Given the seriousness of the threats, especially regarding his job, your friend should consult a lawyer who specializes in criminal law or family law. The lawyer can provide advice on how to handle threats of false accusations and can guide him on how to file a formal complaint against her if necessary.Do Not Engage in Further Arguments: It’s important that your friend avoids engaging in any further arguments or confrontations with the girl. Emotional interactions may escalate the situation, and any statements made could be used against him. It's best to communicate through legal representatives.Avoid Further Contact: If possible, your friend should cut off all communication with the girl to prevent further manipulation and threats. He can block her on social media and change his contact details if needed.Report the Threats to Authorities: If the threats become serious or if there is any indication that she may act on them, your friend should report the matter to the police. He can file a complaint about the threats to his reputation, job, and personal safety.Stay Calm and Professional: Since your friend is a government employee, he should continue to perform his duties professionally and maintain a calm demeanor. If any formal accusations are made against him, he will need to show that the situation is a result of her false claims.In situations like this, it’s important to act carefully and legally. By taking the appropriate steps, your friend can protect his rights and interests while avoiding any unnecessary escalation.

Q: guidance for SCC case against husband.

Had lodged an FIR against my husband in May 2023 after tolerating his nuisance and atrocities on me and my children. Complaint was also posted in National Commission of Women, Delhi by me in 2023. In Sept 2024, he received a notification from district court to appear but he did not., for next 2 dates till now he remained absent. In the meanwhile, he forces me to comeback but shows no change in his behaviour. He deposits some amount of money as per his whims. What should I do to patch up

Advocate Kiran Sharma answered
I would like to say that you mutually and amicably settle the matter and make an consent term for the same I kindly request that we resolve this matter through mutual understanding and amicable negotiation. It is in our best interest to come to a fair and balanced agreement that satisfies both parties involved. By engaging in open communication and considering each other's perspectives, we can avoid further complications and achieve a resolution that is both fair and respectful.To formalize this process, I propose we draft a consent term that outlines the key points of our agreement. This term would serve as a clear and binding reference to ensure both parties are aligned in their intentions and responsibilities. By doing so, we can guarantee that our agreement is documented and understood, preventing any misunderstandings or disputes in the future.I believe this approach will lead to a satisfactory conclusion, allowing us to move forward with mutual respect and understanding. I am confident that, through collaboration, we can settle the matter efficiently and with goodwill. Let us proceed with drafting the necessary terms to ensure that the resolution is both fair and lastin