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YATIN   26 August 2023 at 12:46

Long term capital gain on house property

I am getting long term capital gain (LTCG) on sale of my residential flat. I would be investing this LTCG to purchase new flat in under construction scheme of a developer. Being a high rise tower the registered sale deed/possession for new flat will happen after three & half years. However I will make full payment for this new flat within six months of sale of my old flat. To get exemption of LTCG tax u/s 54 Income Tax act, I have to purchase another residence within two years. In my case wherein I will be making full payment for new flat within 6 months, but possession will be given after three & half years. Would my making full payment to developer in 6 months be considered as purchase & will I get exemption of cap gains tax u/s 54 even if possession will be after 42 months? I request to have notifications/case laws to support my claim since scrutiny is faceless now.

Anonymous   26 August 2023 at 10:00

Remand of suit

High court allowed to produce the additional evidence and passed below order of remand

Having heard, the Impugned order of the lower appellate court is set aside. Opportunity shall be afforded to the 1st defendant to produce documents which shall be reconsidered and if need be, to lead additional evidence in proof of their right. ordered accordingly.

Whether can we say that entire decree of the appellate court is set-aside, suit needs to be heard and decided afresh?

Since the word used in high court judgement is only "Impugned order" of appellate court is set aside and not Decree of the appellate court.

Deepamaruthi maruthi   25 August 2023 at 21:31

Name change

I have changed my name in gazzete, Currently I am having my school, ug and pg degree certificates in old name.i got offer to study in abroad will they accept my old certificates and can I study with my new name in abroad or else I have to change the names in all previous certificates?
Kindly do help

PARSHURAM SHARMA   25 August 2023 at 16:06

Are doc, hospital reg cer, ledger necessary for medi claim ?

I provided insurance company all bills related to child delivery, but they are not approving my claim.
They are asking for Doctor, hospital reg certification, payment ledger, indoor case paper etc to process it. Please suggest.

Swaty Gupta   25 August 2023 at 12:48

Buying from legal heir

Dear Experts,
I am interested in buying a cooperative society flat.
The owner was an original allottee of flat. The owner died intestate in 2018 and his wife expired 4 months later. They had no children.
The owner had only an elder brother who predeceased him and his wife is dead too. They had 2 children - a son and a daughter.

The children have a surviving member certificate in both their names, and the daughter has relinquished her right in property in favor of her brother. The SMC is from their father to them.

The son of brother i.e. the nephew of owner is selling the flat.

There are no other legal heirs.

I want to know whether the surviving certificate and subsequent relinquishment is sufficient to establish their right to sell it. Do I need to ask them for any more documents?
The rest of property papers are in place.

Regards
Swaty Gupta

Ayan   24 August 2023 at 20:53

Govert serive to higher post


1)My wife joined Employee State Insurnce Corporation Hospital as Nurse in 2010
as permanent staff ,qalification was B.sc(nursing)

2)In 2016 , she got chance for M.sc (nursing).ESI give permission , study leave
on condition she will not demand promotion and salary hike.

3)After Msc ,ESI posted her to Bsc nursing college as tutor.But salary and designation
no change.ESI showing her assitant professor / tutor to Nursing Council of india and university.

4)She is doing PHD(nursing) , ESI has given to do phd partime basis , but still her salary and desigation nurse.

5)She has completed 1.5 years and still continuing duty at College.

My Question is That

1)In the name of service utilisation , govt organisation can make a employee work to higher post
without change designation and salary ?

2)Is there any rule judgement , after ertain period , she will be designated to higher post ?

3)Is there any remedy ,please help?

Satish   24 August 2023 at 19:04

Selling land which is mortgaged to bank

Hi,
I mortgaged my land with PNB bank via MODT legal things and took 25 lakhs loan and i am paying monthly interest regulary.
I want to sell my land to some other party who is willing to buy @90 lakhs at todays rate.
I dont have money to close the loan and get the documents.
How should I proceed with the sale.
1. Should i borrow initial money from the other party who is interested to by the land and close the loan and get my documents from bank and hand it over to the othre party?
or
2. should i transfer my loan to other party who will lose the loand and pay the remaining amount.

please feel free to suggestions.

Thank you.

Anonymous   24 August 2023 at 17:30

Conveyance

Hello sirs,
my clients is a 40 years old co-op society and in need of conveyance to redevelop the property. The legal heirs of the landlord are ready to co-operate for the same. under the circumstances how to get the conveyance.

minsal   24 August 2023 at 17:20

Is appeal from order maintainable.

Hello Respected Experts,

I have filed an Appeal from Order before High Court challenging the Order passed U/s. 10 of CPC, by the City Civil Court. but at the time of hearing the judge said that AO cannot maintain against such order, and I have to file a Writ.
will you please guide me on this issue? Further the Impugned order is completely wrongfully passed by the trial court.

Anonymous   24 August 2023 at 17:10

Diff bet tractor hp claimed by comp & aspervahan

For all tractors manufactured by companies in India , they have claimed HP as e.g. 45 but as per VAHAN portal it will be 40. PTO HP is different not related to this. Upto 5 HP difference will be there in all tractor models. Why it is so and can all farmers file a complaint in Consumer Forum against this. Which department is answerable to this difference. One case is in Consumer Forum now.