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Queries Participated

UMESH MOTE   08 March 2015 at 19:49

Sra development society formation

MY FATHER IN LAW HAS AN HOUSE IN GOVERMENT LAND FROM 1980 , SRA PROJECT HAS BEEN IMPLEMENTED BUT FORMATION OF CO-OPERATIVE SOCIETY OR NOR LETTER OF INTENT TAKEN FROM THEM TO APPOINT AN DEVELOPER , ONE OF PROMOTER WHO IS NOT RESIDING AT THAT PLACE HAVE ONE RESTAURANT ON THAT LAND SO HE WITH THE MONEY AND POLITICAL POWER FORMED THE SOCIETY WITHOUT CONCERN OF THE RESIDENCE AND ONLY 50 HOUSES IS THEIR

SO WHAT IS BYE LAWS OF FORMATION AND APPOINTMENT OF PROMOTERS AND OFFICER BEARER AND WHAT IS PERCENTAGE OF FEMALE CONTIRBUTION AND WHERE TO GIVE THE COMPLAINTS OF NON FULLFILLMENTS OF THE BYE LAWS

Atul   08 March 2015 at 19:45

Property on gpa with agreement to sell

A property was purchased in 1996 from original allotee of industrial plot from Haryana Govt. The documents given by seller were original possession letter and conveyance deed from Haryana Govt. besides GPA in purchaser's family name, agreement to sell, receipt for payment, affidavit but no will. Now purchaser wishes to get the property transferred in his name but the whereabouts of the allotee are unknown and the department wants GPA to certify that allotee is alive and in case of his death NOC from legal heirs which again is not possible as the whereabouts of seller are not known. Someone suggested issuing a public notice declaring that sale has been carried out in 1996.

Please suggest some solution.


Sam Jose   07 March 2015 at 12:06

Income tax on share of ancestor property

My father wanted to sell his as well as my mother’s property (Mother is no more). We all children (legal heirs) are ready to sign for registration. Do I need to pay Income tax for my share? I wanted to put it in my bank. Please advise.

pankajkumar gadi   30 October 2014 at 22:25

Valuation of closing work in progress

1. A partnership firm comprising business of Builder and Land developer can take the benefit of Accounting Standard 7 “Construction Contracting” and can avail the benefit of Revenue Recognition in valuation of closing work in progress.
2. While valuing closing WIP, can it be added the finance cost (Interest on Capital) and administrative expenses (Remuneration to Partners) since all the partners are working partners.
And also please give the sections, case laws applicable to the case.

Atul   28 October 2014 at 20:28

Easement rights

landlord's Land is leased to Company to run a petrol pump. The dealer running the petrol pump on behalf of the corporate takes on lease, some land at the back of leased land and uses the leased land (as taken by company) for accessing the back portion land.

On vacation of land by the company under orders from the Courts on giving undertaking to the Court to give peaceful and vacant possession of the premises -

1. The dealer files claim of easement - is it maintainable or not.

2. Can company be tried for contempt of court as the land has encumbrances which were allowed during lease ? Can connivance of company and dealer be basis of contempt ?

3. Can compensation be enforced on company if landlord has to part with some land ?

Atul   26 October 2014 at 20:36

Abuse of rights

What are the legal remedies to restrain a person from Abuse of Rights, viz., easement rights. right of way to usurp land of bonafide land owners

Atul   08 January 2014 at 17:42

Bonafide versus expiry of lease and constitutional relief on right to property and enjoyment thereof

Most of large corporations/companies take land on lease for setting up retail outlets/ petrol pumps. At the time of vacation on account of expiry of lease, they take refuge under state rent laws which protects tenants and contesting bonafide need/s of the landowner despite the fact that the original lease has expired for decades together and are paying a paltry sum as lease rent.

What is the defense for the landlord if bonafide is not proved in lower courts due to -
1. Witness of the tenant not crossed by the landlord's advocate.
2. Is the personal need of landlord NOT bigger than commercial need of a large corporation based on "principles of equity".
3. Can landlord bring additional grounds before the appellate higher courts like new bonafide need.
4. Do the tenant get protection under state laws when infact they are tenant Not-in-Possession as only their dealers (who are outside parties) occupying the property.
5. Some landmark case laws enumerating basics.
6. Is the objective of the state rent laws served whereby large corporations take refuge under law setup to protect vulnerable tenants, whereas, in fact,the landlord is vulnerable.

manoj   27 June 2012 at 12:43

Cancellation of country club membership

sir,
I have joined country club at yehlanka Bangalore in the month of April 2012. I have paid Rs 7000/- by SBI credit card and Rs 3000/- by cash. I have signed agreement stating life membership for Rs 74000/-. They told balance money they collect from me through EMI. Now i want to cancel my membership and refund my money. They contacted me for balance amount. Please help me what can i do to take my money back and cancell my membership.