Advocate Tarique Naseem

Questions Answered by Advocate Tarique Naseem

Q: Gift of immovable property to my daughter

I have two daughters. I would like to gift my immovable property to my younger daughter. For getting the Gift Deed registered in Registrar office, the stamp duty payable would be at circle rate or above the circle rate if I want. Kindly confirmIs there any need of getting NOC from my elder daughter as I would be gifting her my second property in due course.

Advocate Tarique Naseem answered
No there is no income tax implications on that particular gift and no need of any ITR . Gift deed is dependable on circle rate of that particular area and only registered gift deed through SDM court is valid and you can easily gift your immovable property to your daughter as per the circle rate of your area .

Q: Compliant Us138 of NI ACT to appear in person before the magistrate

Sir,nI have taken a loan from bank . Due to financial crisis ( Covid lockdown on wards ) I am not able to make my EMI in a regular basis. The bank deposit my cheque ( blank signed cheque given at the time of loan approval) with total due amount of Rs.324131/- dt.8.12.2020 and the same was dishonoured .Now I got a Summon to answer to a charge of offence punishable us 138 of NI Act Sir, I am a single earning member in my family and is difficult to make the EMI payment in full . I am making a part EMI every month and I will pay all my loan dues in EMIs. Please advise what to do regarding this notice

Advocate Tarique Naseem answered
You have to appear before the court with your advocate in which both the parties mutuallly decides about the payment and emis and you have to show your income that you have not earn too much money and you decided to give part payment for the emis

Q: Tried for mutual divorce but wife and her mother is demanding more

Hello my wife left my house and living with her mother since 6 months.. ive been to women cell and case is closed from there now its in tis hazari nnU/s 13(1) (ia)nU/s 24nU/s 25nnI got notice from her lawyer nI want to know how severe these sections are nnAnd my wife demanded so much money even though there was no expense on wedding from her parents side and no dowery was taken nnMy PA income is 5 L nnAnd shes asking alimony in crores nnI just want to know the severity of the sections on me and on what basis court decide how much alimony to be given.. thanks

Advocate Tarique Naseem answered
You have to appear before the court to fight the case against your wife and you show the proofs before the court to consider your point as well ..Courts decide the case on basis of the facts and proofs of the case from both the side and court decide alimony on the basiis of the needs as well

Q: How can I file for mutual divorce and also get financial assistant

It's been just 10 months that I got married and my husband and his mother started harassing me within 1 month of marriage , when I couldn't face the cruelty further I came back to my father's home after living for 5 months at my husband's home..I wish to file a mutual divorce and need maintenance also in current situation as I lost my job due to depression that was caused by my mother in law, my husband has not spend a single penny since I came back, how can I claim maintenance till divorce and pls guide me regarding mutual divorce too

Advocate Tarique Naseem answered
There are 3 ways to your solutions .. One is filing a maintenance case against the husband in which you get monthly maintenance from your husband through court and Second is filing a divorce case against the husband or if u wish to file a mutual divorce then the husband would be also ready to willing the same as you are because mutual divorce only file when both th husband and wife giving consent to mutual divorce and Third is you also file a case against your husband and his family for harassment and cruelty basis .