Tip No 45

Muslim Father. ( Hanafi Law of Inheritance )

When a Muslim child dies father is entitled to 1/6 share, when there is a child or child of a son.

When there is no child left by the deceased married daughter, her husband gets ½ and father gets remaining ½ as residue.

Father gets 2/3 if only mother is left who takes 1/3.

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Tip No 46

Muslim Mother. ( Hanafi Law of Inheritance )

When daughter or son dies mother gets 1/6 share if there is a child or a child of the deceased son.

If the deceased is the married daughter, her mother gets 1/6 and father gets 1/3, if there are neither children nor brothers or sisters. The husband gets ½ share.

If the deceased is the son, his widow gets 1/4, mother gets ¼ and father gets ½ share (if there are no children left)

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Tip No. 47

Muslim Wife ( Hanafi Law of Inheritance )

When there is a child or child of a son, then wife gets 1/8 share.

When there is no child or child of a son wife gets ¼ share.

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Tip No. 48

No Service Tax

The Service Tax Commissioner has clarified that when an apartment is sold by a builder under a sale agreement it does not attract payment of service tax.

Further even if the purchaser of the apartment enters into a construction contract with a builder, it does not attract payment of service tax.

But the clarification by the Service Tax Authority has also an exception to the above. It has a rider stating that "in both these situations, if services of any person like contractor, designer or a similar service provider are received, then such a person would be liable to pay service tax".

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TIP No.49

HINDU MOTHER'S SHARE

A) When a Hindu son dies Intestate mother being the 1st class heir, she is entitled to equal share in his property along with the deceased's son, daughter, and widow.

B) When an unmarried Hindu son dies intestate, his entire property devolves on mother.

C) When unmarried daughter dies leaving behind her own property it shall devolve equally upon the mother along with father.

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TIP No.50

HINDU FATHER'S SHARE

i) If a Hindu male dies inte-state and is survived by his Widow, Mother, Children or Grand Children or Great Grand Children or widow of Pre-deceased Son, his father shall have no share.

ii) Father is a Second class heir

iii) If the inte-state deceased son does not leave any first class heir (wife, mother, children, children of pre-deceased children, widow of pre-deceased son) then father inherits the entire estate.

iv) If an unmarried daughter dies inte-state father will inherit equally with mother. In the absence of mother, father inherits entire estate.

v) If a married daughter dies inte-state leaving her own property and in the absence of any child or child of pre-deceased child, husband or heirs of the husband, then father is entitled to ½ share along with the mother.

vi) When married daughter dies leaving behind the property inherited from her father or mother (not by will or gift) by inheritance on their death, then father's heirs shall inherit the property (If the deceased has no son or daughter). Husband shall get no share in such property.

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TIP No.51

HINDU HUSBAND SHARE

1) When wife dies intestate husband gets equal share along with son/s and daughter/s.

ii) In the absence of son or daughter husband gets entire property of the deceased wife.

iii) If the wife leaves property inherited from her mother or father(excluding property acquired by will or gift) husband shall have no share in such property.

iv) If the wife leaves property inherited from her husband or father-in-law in the absence of son or daughter it shall devolve upon the heirs of the husband.

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TIP No.52

INTEREST ACT, 1978

1) Under the Interest Act, 1978 in the absence of a Agreement Court has power to allow interest in any proceedings for recovery of debt or damages, at current rate of interest, for the whole or part of the period, from the date when the debt is payable (in other than debt cases from the date of notice) to the date of filing the case.

ii) This provisions does not apply to debt or damages where interest is payable under any Agreement. It shall not apply if interest is barred by Agreement. It shall not empower the Court to award interest upon interest.

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TIP No.53

DRT Court Fees

1) Under Order 33 Rule 1 of the Code of Civil Procedure, if a person has no means to pay Court fees then he can sue as an indigent(pauper) person.

ii) Similar rule is held to applicable for proceedings before other Tribunals. Hence this rule is also applicable for filing Appeals under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and The Recovery of Debts Due to Banks and Financial Institution Act, 1993. Therefore if a borrower has no money to pay the prescribed court fees for filing appeal or counter claim, he may sue as pauper before the debt Recovery Tribunal.

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TIP No.54

Pref. Right Of Heir

Under Hindu law after 1956, if one of the two or more legal heirs propose to sell or transfer his or her share in the property or business inherited from father or mother, then the other heirs shall have a preferential right to acquire the interest/share in such property or business.

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TIP No.55

Divorce By Mutual Consent

1. A petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

2. On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later that eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true.

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TIP No.56

Income Tax (Gift)

Under Section -56 (2) (vii) of the Income Tax Act, after 1.10.2009 if any individual or HUF receives any money above Rs.50,000/- or Immovable Property Valued above Rs.50,000/- from a non-relative, the same shall be liable for income tax under the head income from other sources. Provided the same shall be exempted if the money or the property is received from

a) from Any relative; or

b) on the occasion of the marriage of the individual; or

c) under a will or by way of inheritance; or

d) in contemplation of death of the payer or donor, as the case may be; or

e) from any local authority as defined in the Explanation to clause (20) of section 10; or

f) from any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in clause 23(C) of section 10; or

g) from any trust or institution registered under section 12AA.

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