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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   28 May 2014 at 23:28

Brief Explanation of term

Paghdi system in purchase of house

tarun   28 May 2014 at 21:58

Mutation entry denied in case of Owner died in testate .

Sir,

My grandfather's Brother & his wife died in testate & without any heir.
Now how my father & uncle being the only survivor can change mutation entry in their name of an property which is as of today reflcting the title in the name of grand father's brother.

1. If patwari & tehsildar denies the change in mutation to my father's name than what is Remedy available to us??

salman khan   28 May 2014 at 17:22

Is 7/12 extract can be transfer if plot of 3500 sq.ft is purchased?

Respected Experts & Legal Advisor

we are going to purchase the plot at Taluka -Kalyan, Maharashtra, so i would like to know whether the plot purchased of 3500 Sq.ft in two part 1600 sq.ft and 1900 sq.ft can 7/12 be transfer in purchaser/s name if part of land or plot is purchased.

Please advice.......

Parth Yadav   28 May 2014 at 16:50

Can the suit be held maintainable?

In section 13 (3) (a) of the West Bengal Premises Tenancy Act, 1956 does it mean that the new/subsequent landlord has to file a new suit?

In a case am dealing in, the subsequent landlord has just changed his name in the suit which was initially filed by the original landlord. Is such a suit maintainable?

Please help.

Vikas   28 May 2014 at 14:24

service tax and vat for flat

Hello Sir,

I purchased a flat in Pimple Saudagar pune and the flat agreement to sale with the builder was done in July 2009.
Out of total property cost, I paid the own contribution amount Rs. 350000 to builder at the time of agreement.
Further I paid additional Rs. 150000 to builder in August 2010.
The flat possession was expected on December 2010 but due to some issue, I didn’t get it.
Most of the flat owners in the building/scheme got the possession in March 2011. However, few of us got stuck as the revised sanction plan was not approved by the authority.

The pending issue was resolved now and builder got the approval and completion certificate in April 2014.
I took the housing loan and paid the remaining balance of Rs 1600000 on May 25, 2014.

Now builder is demanding VAT @ 1% on Rs 1600000 and Service tax @ 3.09% on Rs 1750000 (1600000 + 150000).
Also the Society is already formed now but still builder is demanding 1 year society maintenance charges of Rs 25000.
I have already paid the Society formation charges.

Please advice me as per recent law or rule,
1. Now in this case am I liable to pay VAT and ST on the payments made after completion certificate?
Or actually how much service tax and VAT should be paid as per current law/rule?

2. Do I need to pay society maintenance charges now?


Regards
Vikas

umesh mishra   28 May 2014 at 13:06

No agm held by co-op. hsg society last 6 years

Dear Sir,

I am residing in a SRA Housing society with my family since last 12 years. We have around 72 members in our building. Most of flats are given on leave and license basis by the owners and some people have 2 to 3 flat in their family name. Hence when a meeting is called by the society, very few people come for attending the same. Giving this reason, our society committee has not hold the AGM meeting for last six years. Even books of society has not been audited since inception i.e. 13 years.

When I asked for reason for the same, they did not give proper reply and said " No one is coming forward to take responsibility. We are only there to manage society work. We waste our money and time and after that we receive such complaint."

I checked with other members if we all can force them to hold AGM, but other members are least bothered.

Hence, I request you to guide me what can I do to compel them to hold AGM and show us the audited books of society. Where can I file complain against them?

Regards,
Umesh Mishra

MOTILAL JHALANI   28 May 2014 at 11:52

Registration of tenancy agreement for 11 months

I am owner of one flat at Boisar, Thane (Maharashtra).I am goint to enter in tenancy agreement with some one for 11 months with monthly rent of Rs.4000/-. Please inform me whether 11 months agreement requires mandatory Registration. Is there any risk in renewing the same for next 11 months?

Janmejaya Senapati   28 May 2014 at 11:48

Cancellation of a deed of gift by the donor

Dear Sir ,
One father-in-law had executed a gift deed on 22.06.1972 in favor of his daughter-in-law after the death of his son.But the daughter - in-law went with another person by getting him married. As such the father in law cancelled the gift deed and sold out the property. The purchaser has mutated the property in his name and obtained Record of Rights. Now the daughter-in-law has challenged the cancellation of the gift deed.The property is the self acquired property of the donor. Please , suggest the future actions to be taken by the surviving members of the donor.Can she win in this case? Please , extend your valuable suggestions .

Thanks and regards

Mantu.

VINOD KUMAR MALSARIA   28 May 2014 at 10:09

Sale agreement

sale agreement with buyer & seller on Rs-100 stamp paper without notary.
as per agreement seller liable to registred sale deed up to 10th feb-2014 after full payment but till date buyer not done the full payment & seller not execute the sale deed. as on date buyer agree for full payment but seller not ready for registration he say that buyer not done payment till 3 month so he is not liable for registration & amount of advance has been forfieted.
in this situation what seller is right...

meg   28 May 2014 at 05:46

Will

Am an indian married to an australian gentle man. for four months now.

have a daughter here on the same visas i have. Bridging visas till we get a TR. after two years of marriage we get a PR when we apply for it.


I have considerable property in my name back home in india.

If all goes well we get a PR and we have a happy married life. My issue is if all does not go too well.
then

I even loose my PR option and plus i want to know if there can be any claims to my property in india.


1) How do i make a will to my daughter which is claim proof if we divorce in some circumstances, Especially before the PR falls thru.

2) How do i keep my property in india acquired before marriage out of the marital pool?
Can i transfer the properties now to some one close to show less assets on my name?

Is there some protection against claims to assests alimony or inheritance acquired before marriage?

We are neither divorcing now and as far as i know none of us are gonna die any sooner :-).

3) does it make a difference that i am woman with a young child whereas his children are with hsi ex wife and claim maintenance which he pays duly.

4)I might start working once i am thru with my TR. in one year's time here in australia.
I do not mind sharing or dividing assets acquired within marraige. I just want to quarantine what i acquired before marriage.

Anything positive will help?


a. I know i can bequeath if something happens to me.
b. But what i want is the freedom to use my own premarital wealth for my wellbeing and my daughters as we both want to be independent in the relationship and do not really want to touch each others properties.
But i am still fearful as in most cases people change when they see a easy way to acquire money.

So for my protection and knowledge i am asking these questions.

Its a humble request to answer them as detailed as possible. It will help me a lot.

thank you
meg