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: Maa ki propety Bhai sea behenko khridsakte kya

Mere mumy ka ghar hai maa ki, paapa ki deth hogai hai, mere bhaai se ghar kahridna hai toh kya bankaake lena padega

Advocate Manish G Varma answered
We understand that the property was in the name of your mother and after the demise of your mother, you want the property to transferred in your sister’s name. In such scenario, you and your brother will have to execute a release deed in favour of your sister whereby you are you brother will release your undivided share, right and title in your mother's property in favour of your sister.

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