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JR   06 May 2010 at 11:50

Stamp Duty & Registration

My husband is executing a Release Deed in favour of my minor son, of one half share he holds in the flat jointly bought by us.

Could you please tell me the stamp duty / registration that needs to be paid for this transaction. My lawyer says that if it was a Gift Deed, the stamp duty/registration, would be nominal, however, Release Deed would attract at least half of the stamp duty/registration as payable in normal sale of property transactions. However, my husband says a recent ruling has made the stamp duty/registration payable on Release DEED within family a nominal amount..within Rs. 500/-

Kindly clarify, urgently.

Thanks
JR

vineet advocate   06 May 2010 at 11:22

sale of flat

dear advocates
one of my ckient is a real estate company . it has mde full sories as approved by local bodies. now it is willing to sale its top floor space made by covering place available below water tank.
1. will it be legal ?
2. can any remedy is available to sale or make other convenience deed?


pls suggest
thanking you

vineet

Anonymous   05 May 2010 at 16:47

SEC 138

Debtor drafted a demand pro note on 1/6/2002. Also he issued post dated cheque for 1/12/2002.But payee presented the cheque on 1/7/2003. The cheque was dishournerd. What legal remedy is available for payee? Pls Advice..

Anonymous   27 April 2010 at 15:30

transfer of Trade creditors by company to individual

Sirs,

Can a Private Limited Company transfer it's Trade Creditors to an Individual? [company being a going concern]

is transfer valid under the law???

if yes under what section / Act Governing...

is there any judgment?

how the transfer to be effected...

if the creditors do not object the transfer, what are their rights against Company and against Individual.

Thanks &
Regards

Krishna R Bhat   26 April 2010 at 15:43

Revival of long pending prosecution cases

There are some prosecution cases launched long back i.e. more than 15-20 years old. The cases have been trnsferred to Long Pending Register long back since the accused are not traceble. In this circustance, whether the SPP who is dealing with these cases can revive the cases by giving applications to the Court and requesting to issue W/A even in the absence of relevant requisition for the same?. Please clarify.

Ranjan Ashok   26 April 2010 at 13:51

Work contract-Karnataka

If a company registered under CSEZ scheme for engineering R&D activity having 100% exports and being cost centre. A subsidary to parent company for R&D Activites.

Is Work contract applicable??
If yes, on what it should pay??

DR SURESHA G   24 April 2010 at 22:59

Illegal Gift Deed and Will

Dear Sir/Madam

My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003.

Then we compromised before elders of the society and the shares were allotted as follows:

1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.

A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.

Everything was fine up to 2007. Me and my parents living together and my brother was living separate.

I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income.

In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him.

Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attach he was in hospital in Jan 2008.

During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.

After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.

From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.

Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.

I request your kind self to clear my doubts.

1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?

2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter.

3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ?

Please clarify my doubts.

Since 6 months i am waiting for your opinion .
Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother
Please let me know about the consequences.

Very Truely yours
I am still awaiting reply from experts

MUHAMMADHUSAIN A DHADA   24 April 2010 at 20:53

RURAL LAND OCCUPATION

ONE OF OUR CLIENT, IN A VILLAGE OF ABOUT 2500 PEOPLE CULTIVATING LAND FOR LAST 15 YEARS.
IT IS HEARD THAT ABOUT 10 YEARS BACK, SOME PIECE OF LAND WAS TRANSFERRED TO THE OCCUPANT UNDER "RAVDA HAQ".
MAY I PLEASE REQUEST THE DETAILS OF RAVDA HAQ AND MORE PARTICULARLY HOW TO GET THE LAND TRANSFERRED FROM MAMLATDAR.
ANY JUDGEMENT OR ORDER OF MAMLATDAR CAN STRENGTHEN OUR CASE.
REGARDS,
M. HUSAIN

Mr Sreejit   24 April 2010 at 19:53

RTI MOCKERY

RTI APPLN TO KOLKATA POLICE FEB 03 2010
AND
ANOTHER APPLN TO HIM DTED MAR 03 2010
WERE MERGED MINGLED TANGLED AND THE REPLY WAS RECD ON MAR 18 2010 WITH AN 'ESSAY' TYPE AND PARAGRAPH TYPE 'WRITE-UPS' WHERE THE INFORMATION I REQUIRED IS A PHOTOCOPY OF THE ORIGINAL RECORD, ALSO THE INFO. GIVEN IN THIS FORM IS IRRELEVANT, UNREAL, FABRICATED AND INCOMPLETE.

I APPLIED TO THE APPELLATE AUTHORITY AND WHILE WAITING FOR THE REPLY ASO APPLIED TO THE COMMISSIIONER STATING THE WILFUL DELAY CAUSED IN REPLY AND IRRELEVANT REPLY SENT TO ME AFTER THE LAPSE OF 30 DAYS.

EVEN THIS DOES NOT EVOKE ANY REACTION EVEN AFTER LAPSE OF 14 DAYS FROM THE DATE OF MY APPLN TO COMMISSIONER.

SHOULD I STILL WAIT WITH PATIENCE OR FILE IT TO CIC OR CAN I GO TO NATIONAL HUMAN RIGHTS COMMISSION, BECAUSE WBHRC IS A FAILURE TO THE RTI I SENT TO THEM WHICH IS ALSO NEARLY 2 MONTHS OLD.

ALL MY HOPE IN STATE ADMINISTRATION AND ADMINISTRATION OF JUDICIARY IS GONE.

CAN I APPLY TO UN OR ANY INTERNATIONAL FORUM FOR JUSTICE .

AFTERALL JUSTICE HAVE NO BOUNDS.

Anonymous   22 April 2010 at 20:50

My Retention

Currently I am working in the company. At the time of joining they deducted 15% retention from my CTC which will be returned on confirmation and at the end of the year. It is been a year they have not given the retention amount till date but they have calculated the retention amount in the tax amount and deducted the tax including the retention amount. I have become sick of this company and I want to leave but I do not want to leave my hard earned money of 15% in the last 1 year. They harrass the employees and they may build up some wrong cases on the employee also. Even if an employee want to leave the company have to give 3 months notice but they can remove us at anytime, If I give definitely the money will not come back. As well they do not give reliving letter to any employee till date they have not given any reliving letter who left as well many employees who had left not got their proper settlement. Please guide me on this.