Kumar Krishan Agarwal Advocate
17 February 2010 at 22:39
45. Partition - Instrument of as defined by s. 2(15). The same duty as a Bond (No. 15) for the amount of the value of the se-parated share or shares of the property.
N.B. - The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other shares then one of such equal shares) shall be deemed to be that from which the other shares are separated:
Question: Would the stamp duty has to paid on the largest share if the person(B) who wants to get property being separated demands 25% property from person(A)being owner of 100% share.
VIZ
Would the person A has to give the stamp duty on 75% share if the another person (B) demanding 25% isolated share from A's property ? or The person A would have to give only the stamp duty on 25% share?
Adv. Deepak
17 February 2010 at 20:11
1. What is the difference between notarisation and registration of documents with sub registrar in regard to transfer of property? 2. Can a document which is required to be registered compulsarily, be notarised? 3. Is a document which is required to be compulsarily registered, is not registered and notarised, is such a document required to be subsequently registered? 4. How such a document be registered subsequently? What is the procedure? What will be the stamp duty and registration charges in Maharashtra?
Request for the expert advice and valuable guidance.
Kumar Krishan Agarwal Advocate
16 February 2010 at 22:44
Dear Sir,
1. What is the percentage or stamp amount in Uttar Pardesh State for writing a partition deed applicable on each share in property? because I have no book or commentary of INDIAN STAMP ACT 1899 for how much partition deed fee applicable in Uttar Pardesh to be charged.
2. Would the Rs 1000/(suppose) Stamp for each partition is used for writing partition deed or Rs 100 stamp is sufficient for writing partition deed and rest amount Rs 900/ will be paid in cash to the sub-registrar.
Anonymous
16 February 2010 at 16:46
Dear Sirs/Madam,
In many agreements one may find the clause which is similar to ‘the doctrine of severability’
[i.e. if any clause in the document determined to be invalid or unenforceable the remaining provisions of the agreement shall not be affected thereby and shall be binding upon the parties and shall e enforceable as through said invalid or unenforceable clause were not contained in the agreement.]
If one can draft a document containing clause as mentioned herein above… can one also incorporate ‘the doctrine of eclipse’ in agreement????
Is there any precedent, ruling of courts etc????
Thanks.
Anonymous
16 February 2010 at 14:40
hello,
1 of my friend has to apply for passport but he does not have a birth certificate, which in his case is compulsory, as, he is born in 1990. he is graduate and we even cannot submit annexure for illiterate person, so in this case what could be done ????? rest all documents are clear even we have a school leaving certificate, but they say, it wont work....
please help........
Kumar Krishan Agarwal Advocate
16 February 2010 at 00:18
Dear Sir,
1. What is the validity of the WILL if the testator dies and the WILL was not executed or probated up to 50 years and the one legal heir(A) has sold out all the properties mentioned in the WILL while the other legal heir(B) who has a specific share mentioned in the WILL not get due to the unaware about the WILL structure(i.e how many properties contains in the WILL he had) because when the WILL was made the legal Heir (B) was minor and the original instrument was in the possession of legal heir(A)?
2. Would all the properties will be recoverable if the legal heir(A) has sold it after 50 years or the right is lost due to the time limitation ?
Kumar Krishan Agarwal Advocate
15 February 2010 at 23:24
Dear Sir,
Would the non judicial stamp is requisite for designing a partition deed or the plain paper is sufficient for writing a partition Deed ? If Yes then What is Min value and Max value of Stamp used in Partition Deed ?
Anonymous
15 February 2010 at 16:46
Can a registered will be canceled by a subsequent unregistered will?
Dineshkumar Gupta
15 February 2010 at 16:35
what is power of attony? It can be used for tranfering the property?
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Can a scribe/writer of Will be a witness?
An advocate drafts a Will as per what is said by the testator.
My two queries are:
1) Can this Advocate be one of the two witnesses for attesting the Will?
2) If an Advocate who has drafted a Will also signs as one of the witnesses, does the Will become invalid?