Legal Question in Business Law in India

Business Law

what are the pros and cons of transferring of ownership by a wife to her husband either through sale or gift?

In case of sale whether the NSC which is kept as security with Department of Sales Tax, can also be included in the valuation of business?


Asked on 6/08/07, 2:24 pm

3 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: Business Law

A gift deed may attract less stamp duty, hence that would be a preferred way. In case NSC are also to be transferred, there are seperate provision for transfer of stocks.

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Answered on 6/12/07, 2:58 am
G. M. Gupta gmguptaandassociates

Re: Business Law

pros and cons depends on person to person and conditions to conditions so its not possible to give vague answer.

sale deed is better as its give undisputed legal title to the buyer.

for detailed and better advice please contact personally with documents. consultation charges will apply.

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Answered on 6/13/07, 3:10 pm
Vivek Mapara Mapara Law Firm

Re: Business Law

There are normally no pros and cons as such, but sale deed is more preferred as in future there are negligable chance of conflict. In gift also there is no problem, but sale deed is more safer for future.

It is required to be know If NSC was purchased for business or for person gain. If it is shown in assets of business then it goes with the business unless specifically provided in sale agreement.

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Answered on 6/09/07, 3:11 am


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