Advocate Maninder Singh

Questions Answered by Advocate Maninder Singh

Q: Stamp Duty on Gifting Property

Residential Property located in Gurgaon, Haryana.We know there is waiver Stamp Duty in haryana for Gifting property within blood relations.Father Passed away and as per registered WILL, residential property devolve in the name of his unmarried daughter.Now, she wants to gift this inherited property to his predeceased brother's wife.Queries - Would like to know is there a Stamp Duty to be paid for Gift Deed or it will be waived of considering blood relation.

Advocate Maninder Singh answered
hi first of all this is not a blood relation you are right that there is no stamp duty in the case of a gift deed it should be blood relation in your case the applicant wants to transfer the property to her brothers wife but unfortunately sister in law doesn't come under blood relation so by that she cannot do gift deed to her the only thing she can do is she can a transfer deed but for that she must probate the will first and after that you can do transfer did in anyone's favor but in the case of probate she also have to pay stamp duty around 3 to 3.5 percent.

Q: I am facing a trial for IPC section 279 & 338, it was a car accident.

The person who got hit by my car is alive and has taken a claim amount from my insurance company but I am still facing trials at Gurugram court since 4 years and now no evidence show up on dates, I just go and sign the required documents. What should I do? Also I am preparing for government teaching job, will this case effect my appointment in case i get selected. Also, can I get a passport made while this case is going on?

Advocate Maninder Singh answered
Yes you have to see what all the evidence mentioned in the chargesheet and the witnesses which were examined what they have pleaded and if Nothing is left in the case then you can seek Urgent disposal of the case by requesting The judge in case of any emergency or urgency the judge can speedily Pronounce judgement in such cases and you will get free from the case and focus on your Career .

Q: I was just checking my cheque bounce case status online, and the court issued an order stating that

I was just checking my cheque bounce case status online, and the court issued an order stating that 'Bailable warrant issued against accused received back unexecuted. It appears that accused is intentionally avoiding the service of bailable warrant. Let presence of accused be secured through non-bailable warrant.' nI want to know the procedure to proceed. Can I get bail against the same?

Advocate Maninder Singh answered
Yes You still have the remedy of bail . You can apply for the bail. For that you have to first surrender before the court on or before the date of hearing and after that you have to furnish surety bonds for the security of your presence .

Q: Getting propety will prepared in the name of child instead of wife

My first wife passed away 13 year back leaving behind our daughter. Now my daughetr is 22 year old. I got remarried with a woman having a son from her previous marraige. We didn't go for adoption of each other's children. I took good care of her son's education and now he is going to be placed within next 2 years in a good company as he is studying in an IIT. nMy daughet's employemnt chances are not very bright as she is intensely intersted in pusuing higher studies for the next many years. My daughter has always been maltreated and discriminated against by my second wife. Now as I am aging and concerned about the future of my daughter.My query is - If God forbid I die, will my property go to my second wife or my biological daughter? Can I prepare a will whereby my property will be passed to the daughetr after my demise?nPlease guide ASAP.Thank you.

Advocate Maninder Singh answered
Your property will be divided equally to both of them as per the hindu succession act . And yes you can make a will for you property in which you can mention the terms and condition for the transfer for your property after your demise.

Q: Refund money for booking of illegal flat

HiI recently booked a flat in Palam Vihar, Gurgaon and I made 10% amount as an agreement for property and later get to know that flat is illegal as per DTCP guidelines as it has 4 flats in single floor. I have agreement on Rs.100 stamp paper but it is not signed as after three days of payment I got to know that flat is illegal and I want my money back from the builder but they refused to give the money and I made the payment through cheque.Can anyone please help me to know how I can get my money refunded legally?

Advocate Maninder Singh answered
You have to file a suit for recovery for the refund of the amount you have given with interest. It will be filled before the civil judge in the court. And the court will pass a decree of refund in your favour.