|
|
|
|
 |
 |
|
|
Article Published in the Express Magazine Dated
January 21, 2001
General Attorney : Rajiv K. Luthra
My friend and I were carrying on a partnership
concern for many years. Recently he met with a
fatal accident leaving behind his wife and a
twelve years old son. Since I got along with my
friend very well, I am desirous of inducting his
son into the partnership concern as my partner. I
would like to know if I could legally do the same.
Pritpal Singh, Chandigarh
No you cannot make your friend’s son a partner in
your partnership concern although he can be
admitted to the benefits of a partnership. As per
Section 11 of the Indian Contract Act, 1872 every
person who is of the age of majority and is of
sound mind and is not disqualified from
contracting by any law to which he is subject is
competent to contract. Thus a contract by a minor
is void and unenforceable. Since a contract is an
essential ingredient in a partnership, and since a
minor cannot enter into a contract, it follows
therefore that a minor cannot enter into a
partnership. However, Section 30 of the
Partnership Act, 1932 provides that although a
minor may not be a partner in a firm, he may with
the consent of all the partners for the time being
be admitted to the benefits of partnership. Such a
minor has a right to a share in the property and
to the profits in the firm. His share is liable
for the acts of the firm but such minor is not
personally liable for any act of the firm.
We would like to buy a building and are
negotiating with a broker. He informed us that the
land falls under "lal dora". What does that mean?
Is it legal to buy property there?
K. V. Singh, New Delhi
"Lal dora" land is a village abadhi used for
non-agricultural purposes. As per the notification
issued under Section 507 of “The Delhi Municipal
Corporation Act, 1957” the government had listed
certain areas on the outskirts of Delhi as "lal
dora" land. These areas are exempted from several
Building ByeLaws and Regulations of the said Act.
In these areas no application for sanction of the
Commissioner is required to erect a building.
Further the owner of "lal dora" land does not have
to connect the land with an existing public or
private street if he wants to dispose of the land
provided he does not sub-divide the land into
various plots. In the event of dealing with the
land no application to the Commissioner is
required.
"Lal dora" land and the buildings constructed on
that land could be bought or taken on rent in the
same manner as any other immovable property and
the same is legal.
I have been awarded a contract by the
government for the supply of certain equipment.
The government has on its part asked me to submit
a draft of the agreement to be entered into
between us. In this connection I would like to
know what stamp duty would be leviable on this
Agreement?
Guru Raj, Delhi
No stamp duty would be leviable on the agreement
executed between the government and you. In the
event this agreement was being executed between
two or more private parties, stamp duty as
provided in the Indian Stamp Act, 1899 ("Stamp
Act") would be leviable and for the calculation of
which the place of execution and the place of
enforceability would also be taken into account.
However as regards documents executed between
private parties and the Government, it is relevant
to mention Section 3 of the Act which provides
"that no duty shall be chargeable in respect of
any instrument executed by or on behalf of, or in
favor of, the Government in cases where, but for
this exemption the Government would be liable to
pay the duty chargeable in respect of such
instrument."
|
|
| |
|
|
|
|
|
