Advocate Sudarshan Desai

Questions Answered by Advocate Sudarshan Desai

Q: Can Funds from sale of Parental Flat be gifted as Gift Deed by Cash

Our parental flat was sold around 6 months back, the amount is kept in Mom's Capital Gains Savings Account. The flat was on my mother's name.Can she gift this amount to me and get an exemption on the Capital Gain Tax? Will she have to pay the Stamp duty/Tax, if a Gift Deed of Cash is made?I am planning to buy a under construction Apartment(Flat) and can use this fund.

Advocate Sudarshan Desai answered
She will have to keep the money in the capital gains account/ govt bonds for 3 years if she wants to save the gains tax . However, gifting would be possible after the expiry of the 3 year period . In the meanwhile if she reinvests that money to purchase a house (which should be her only house) she won’t be taxed. This house can then be gifted to you after a period of 3 years.

Q: Move my RCR case from Bangalore to Mumbai

Hi, my wife filed for divorce in Bangalore family court and I have filed an RCR in the same court. The proceedings are ongoing for past few months. Can I move my RCR case to my hometown Mumbai court as I am tired of going to Bangalore for these hearings? Whats the process? Can someone respond so I can take a consultation.

Advocate Sudarshan Desai answered
You can definitely try to do so, but it won’t be successful as the law recognises the convenience of women over men. For the above stated purpose, you will have to approach the hon’ble supreme court and file an SLP.

Q: Condonation of delay in cheque bounce case

If complainant is time barred in filing case 138ni act and not filed application of Condonation of delay while filing case and Megistrate has still send me summon order.\nI have taken certified copies on first date of summon date. There is no application filed for condonation of delay in certified copies.\nHow can Megistrate consider this case without application of Condonation as it\'s is time barred? Is it permitable as per law? Can I challenge summon order? & Go for revision? Plz suggest.

Advocate Sudarshan Desai answered
Condonation Of delay is a mandatory requirement if there is a delay in filing the complaint. If you have received the summons, it means that either the magistrate has overlooked the delay while issuing process or, the complainant has suppressed facts and fraudulently obtained the order. In either of the circumstances, you will either have to file a revision or a writ petition before the high court to set aside the order. Again, there is a limitation period for you too in order to file the above petitions.

Q: Maintenance case filing but need some details

I filed sec9 and my husband filed sec 13 1 ia. Failed counselling. I filed Maintenance case but he is saying that I have graduate degree and I worked job earlier but not now. He is saying I intentionally left the job for his money. But I got fired due to health issues. How can I win the maintenance case on my husband? Do I need to withdraw sec9 and file divorce case on my husband?

Advocate Sudarshan Desai answered
You can let the section continue while you contest the maintenance in the grounds that you are genuinely unable to maintain yourself. You will have to prove that your previous employer fired you due to your ill health.

Q: Need help for baby passport in case of unofficial marriage as my

My husbands first divorced case is gng on we married unofficially and we have child also now question is will our baby get passport approval or not if yes what is process pls help..

Advocate Sudarshan Desai answered
Husband will have to get an official divorce decree from court in order to single handedly apply for the baby’s passport. You may have to get your marriage registered and make it legal however there are chances of the wife getting knowledge of the said marriage approaching the court for bigamy.