A fundamental change in the nature of the business allows any existing partner to refuse the change and dissolve the firm. Such a change also constitutes a ground for the expulsion of a partner if it is carried out without their consent.

A partnership in a family business gains legal recognition through a written agreement or the conduct of members sharing profits and managing the firm. However, a registered partnership deed is crucial to conclusively establish rights and enforce terms against third parties.

Recent judicial trends show a marked preference for substance over form, with courts examining the true intent and conduct of parties to determine the existence of a partnership. There is also an increasing emphasis on granting dissolution and accounting remedies to protect the rights of partners, even in the absence of a formally registered instrument.

Registration delays can be mitigated by filing promptly and ensuring document accuracy to avoid statutory objections. Litigants may seek recourse through the civil court's writ jurisdiction to compel the authority to perform its statutory duty.

State-specific schedules and local bylaws create significant divergence in registration fees and mandatory procedures across India. A comparative analysis is essential to navigate these jurisdictional variances for a legally compliant registration.

Abstract The system of deed registration is a cornerstone of modern property law, designed to bring certainty, publicity, and state-sanctioned security to real estate transactions. For most buyers, a registered deed is the ultimate proof of ownership, a tangible symbol of a secure and indefeasible title. This article, however, deconstructs this common assumption to reveal a more complex reality. It argues that while registration is a powerful and essential mechanism for secur

Stamp duty waiver schemes for specific groups provide targeted financial relief and can boost inclusivity in the property market. However, their overall effectiveness is often limited by complex eligibility criteria, a lack of awareness, and the potential for the benefit to be offset by corresponding increases in other costs like registration fees.

The proposed "Replacement Bill" for the Registration Act faces significant legal challenges concerning its constitutional validity and potential infringement on fundamental rights. Its procedural ambiguities and conflicts with existing personal laws are also grounds for imminent judicial scrutiny.

A minor cannot become a valid partner in a partnership firm as the law deems them incapable of contracting. However, they can be admitted to the benefits of the partnership with rights to a share of the property and profits, but without personal liability for the firm's debts.

Current stamp laws are struggling to keep pace with the rapid evolution of digital transactions, creating significant legal ambiguities. The absence of uniform national standards for electronically signed and smart contracts leads to enforceability risks and uncertainty over the applicable state's jurisdiction and stamp duty.

A stamped document is mandatory when an instrument, as listed in the Stamp Act, is presented as evidence before a court for any purpose. An unstamped or insufficiently stamped document is inadmissible in evidence and cannot be acted upon by any public authority until the proper duty and penalty are paid.

Home-buyers must determine the correct stamp duty by first confirming the precise market value or the agreement value of the property, whichever is higher, as per the state's Stamp Act. They should then consult the state's specific stamp duty schedule or use an official online calculator to ascertain the exact payable amount before executing the deed.

Recent legislative proposals to increase stamp duty rates would raise the upfront cost of property transactions, directly impacting affordability. This could dampen buyer sentiment and slow down sales velocity in the real estate market. Such hikes may also incentivize an increase in undervaluation practices as parties seek to reduce their tax burden.

Stamp duty is legally mandatory for lease agreements and certain MOUs to make them admissible as evidence in court. For non-property contracts, it acts as a revenue tool for states and its payment is essential for the document's legal validity and enforceability.

Current practices for stamping electronic documents rely on state-specific e-stamping or digital franking mechanisms. A key legal uncertainty is whether these digital methods satisfy the mandatory "stamping at the time of execution" requirement for validity. This ambiguity creates enforceability risks for electronic contracts, especially those executed across different states with varying laws.

While Indian law does not explicitly provide for Emergency Arbitrators, they have gained significant de facto recognition. Indian courts have generally upheld the validity of emergency arbitration proceedings and their interim orders. However, the legal enforceability of such orders remains dependent on the parties' willingness to comply, as the statutory power to enforce interim measures is currently reserved for arbitral tribunals and courts.

The transition from physical stamps to e-stamping and franking in India modernizes revenue collection but faces practical challenges. These include technological barriers, lack of uniform procedures across states, and persistent confusion regarding the legal validity of these new methods compared to traditional stamps.

A lawyer must know that Indian stamp duty is a state subject, leading to significant variations in rates and regulations across jurisdictions. Correctly determining the applicable state law and its specific duty rates is essential for documenting property and agreements. Failure to comply with the specific state's Stamp Act can render an instrument inadmissible as evidence and invalidate the transaction.

An under-stamped document is inadmissible as evidence in court and cannot be legally acted upon or registered. This renders the agreement unenforceable and exposes the parties to significant financial and legal risk. To avoid this, one must always calculate the correct duty based on the applicable state's Stamp Act and ensure the document is properly stamped before execution.

The admission of a new partner requires the unanimous consent of all existing partners unless the partnership deed specifies otherwise. The incoming partner is not liable for any acts or debts of the firm incurred before their admission.