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Showing posts from February, 2025

Tax Implications for NRIs on Gifts of Money and Property from Resident Indians Received through Gift Deeds

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Non-Resident Indians (NRIs) often find themselves at the crossroads of understanding complex tax implications when it comes to gifts received from their relatives in India. Gifts can be in the form of money, property, or even assets such as shares or bonds. In this blog, we will explore the tax treatment of gifts received by NRIs from resident Indians, the associated legalities, and the latest case laws relevant to gift deeds. Taxation of Gifts in India: A Quick Overview India’s taxation system considers gifts from resident Indians to NRIs under two broad categories: Property Consultant Website | property registration in gurgaun | Top Lawyers For Property Case in Delhi Gifts from Relatives : These are generally exempt from tax in the hands of the recipient under Section 56(2) of the Income Tax Act, 1961. Gifts from Non-Relatives:  Gifts from non-relatives are taxable if the value exceeds Rs. 50,000. In such cases, the recipient will be liable to pay tax under the head “Income from ...

Delay in Possession by the Builder: What to Do?(Top Lawyers For Property Case)

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Purchasing a home is a significant milestone, and timely possession is a fundamental expectation for homebuyers. However, delays in possession by builders are not uncommon, leading to financial and emotional distress for buyers. If you find yourself in such a situation, it’s essential to understand your rights and the legal remedies available to you. Understanding the Issue Builders often commit to delivering possession of a property by a specific date. Delays can occur due to various reasons, including construction issues, financial constraints, or unforeseen circumstances. Regardless of the cause, such delays can significantly impact buyers, especially those who have planned their finances and life around the expected possession date. Legal Framework and Remedies Consumer Protection Act, 1986: Under this Act, a builder’s failure to deliver possession on time constitutes “deficiency in service.” Homebuyers can file a complaint with the Consumer Forum seeking compensation for the delay...

Minor Property Rights in India: Legal Provisions & Landmark Cases(Top Lawyers For Property Case in Delhi)

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Introduction In India, minors—defined as individuals below 18 years—are entitled to own property but with significant legal restrictions to protect their interests. These rights are primarily governed by the Indian Contract Act, 1872, the Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890. The judiciary has also played a pivotal role in interpreting and safeguarding these rights. Top Lawyers For Property Case in Delhi | Best Delhi Lawyers for Civil Case | property consultant in noida Ownership and Guardianship A minor can acquire property through inheritance, gift, or will. However, they lack the legal capacity to sell or manage it independently. A guardian—either natural (parent), testamentary (appointed by a will), or appointed by the court—manages the minor’s property. Any transaction involving a minor’s property must be made in their best interest and requires court approval. Key Legal Provisions Indian Contract Act, 1872: Any contract entered into by ...

Supreme Court’s guidelines on genuineness of Will(Best Delhi Lawyers for Wills / Trusts)

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The issue of a last Will and testament holds a distinct and crucial position in the legal sphere as it grants individuals the autonomy to determine the distribution of their assets posthumously. The Supreme Court, wielding its authority, has meticulously established a set of rules aimed at ensuring the authenticity of Wills executed prior to individuals’ deaths. Recognizing the pivotal role of Wills, the highest court in India has transcended conventional legal doctrines, crafting a meticulous framework that harmonizes the fidelity to a testator’s intentions with the imperative to guard against potential manipulation. This examination delves into the intricacies of the guidelines that courts must adhere to when adjudicating the genuineness of a Will. Mutation Of Property In Delhi Ncr | Best Delhi Lawyers For Succession Certificate | Best Delhi Lawyers For Wills / Trusts Background of the Will : The Indian Succession Act, 1925 outlines rules for Wills, providing a framework for writing,...