Manoj
19 January 2012 at 16:07
Hello to all experts
My query is regarding takeover /amalgamation/reconstruction of company
Suppose “A” and “B” are registered Companies. Now “B” purhcases the shareand assets of “A” moveable and immoveable. Place is Gujarat.
(1) What is takeover,merger,amalgamation and reconstruction of company(s)
(2) What is the process of of merger/amalgamation/reconstruction of company(s) in this scenario
(3) What is the document that is executed when company ‘A’ is taken over by “B”
(4) What is the stamp duty charge when shares of “A”are taken over by “B” in Gujarat
(5) What is stamp duty appliable when assets moveable and immoveable are taken by “B” and what doument is executed in this case.
(6) Whether any registration process is required at the concerned at registrar and when is it required
I would reqest to experts to kindly please elaborate on the above points particularly the documents that needs to be executed and stamp duty applicable in this case of execution of such documents take over, amalgamation/merger/amalgamation in Gujarat.
Yatheesh
19 January 2012 at 15:53
Dear Sir,
I have brought a property which is Jamma Land of Coorg, where it belongs to our family ansistors. where as the portion which belonged to our grand father was alloted to one of the sons, I have brought the one from the other person who are 4 brothers with a total land of 16 acres.
Two of the brother has got the crdc tansferred to their name and obtained loan, which was registred to me after I cleared the loan, the other one has signed a sale deal as the property couldnt be registered as it was not cultivated.
Their other brother had agreed to sell along with the family and then later turned down due to ego within the family.(both brothers) his property is also encroached and not in his possession.
He came back again asking me to buy and pay the full amount. which i disagreed as he does not have possession of full 4 acres, now he has filed a case and stopped my transfer of RTC to my name by saying he was not aware of the transaction.
I have mails and letters sent by Registred post by him. My lawyer has not yet replied expecting a resolution.
I want to know who would be the best lawyer in the state who can fight this and get justice to me.
regards
yatheesh
Member (Account Deleted)
19 January 2012 at 15:53
Sir,I have filed a civil suit for property rights.My advocate is asking to obtain the complete land records of one of the defendants to show that he has got enough properties.I do not know that survey number but I know only the defendant's name and the property's location in the village in tamilnadu.Hence I went to that village and contacted the village administrative officer and requested the same.He heard the entire story and told that my defendant is having reasonable properties which has good real estate value and he would help me for a particular amount,now he is dragging the matter for no reason and asking a huge sum and months together my problem is increasing and not solved.Hence I request the experts to suggest me a solution for getting the records or atleast the survey number so as to facilitate me to apply for a copy application from the registrar's office.Will RTI act be of any use in this matter,if so how long will it take?
Anonymous
19 January 2012 at 13:27
Dear Sir,
We have enter into the commercial lease agreement with our landlord and their is new levy "Property TAX" which came up by Municipality retrospectively from 2008. Our landlord is insisting that as per clause "reproduced below", we as LESSEE are liable for any new levy or tax. But our contention is that it has to be equally shared as its mentioned in clause. Can you please comment on the interpretation of the clause on how this new tax will be shared between LESSEE and LESSOR, or it will be borne solely by LESSEE.
"The rent is exclusive of all the taxes. In addition to the rent payable for the Demised Premises as stipulated in this Lease Deed, THE LESSEE shall also be liable to bear and pay on its sole account the entire part of any and all levies, duties, taxes on Demised Premises, land and building, charges, rates, cesses, fees,wealth-tax, penalties thereof etc. imposed/demanded by the Central or the State Government / any local body and/or other authorities and all increases and/or fresh impositions thereof as applicable and attributable to the said Plot / said Building / Demised Premises on and from 31st October 2006 as per the following schedule:
Tax Imposed :: Liabilities of the Parties
1. Up to 15% of Rent :: To be fully Paid by THE LESSEE
2. Above 15% of Rent Paid :: THE LESSOR and THE LESSEE to be equally share the amount of Tax
THE LESSEE shall also be liable to fulfill any and all procedural requirements as may be prescribed by the Central or the State Government/any local body/all other authorities in connection with the subject matter hereof."
Tripti Nagwekar
19 January 2012 at 12:38
Dear Honourable Advisors,
If a landlord of a building of 100 tenants (the whole things are covered under Bombay rent control act) delays or forgets to collect the rent per month for one year and collects the whole rent after one year, is it okay? Please explain in detail. Thank you in advance.
bhavesh bhanshe
19 January 2012 at 11:19
is there right for sra builder to take any name to make file without formal document?
he has taken wrong name in file
if he has filed other name instead taking the tenancy name. so whats the procedure to take action. builder told can't change name he has no any proof of who's name he filed.
sudarshan
19 January 2012 at 10:49
i am a resident of maharashtra . my wife has ancestral farm land in andhra pradesh. i being her husband; can i purchase farm land in maharashtra.
shiv shankar mahto
19 January 2012 at 07:32
dear sir,
i have a land khera no. 6841 in darbhanga (bihar) but an another person was registered on dt. 06.05.1983 from my grand father of khesra no. 6841, 5723, 5791 with another chauhaddi which was apsi badlain from 5723& 5791 and he was captured a land as per chahaddi mentioned in kebala but now i have constructed on land khesra no. 6841 then he has filed a petition for sec 144 and stoped my work then suggest me what we can do
Regards
Shiv Shankar Mahto
9430044098
Anonymous
19 January 2012 at 02:41
Thank you all for taking the time out to answer this question.
Case: I am trying to sell a property and found a buyer. However, he will be able to pay in full in about 4 months from now. He will be giving me 10% as the advance amount.
The clause that I inserted in the agreement to sell document is as follows:
6. Time shall be essence of this Agreement. It is agreed between the Parties that in case the Second Party fails to pay the balance sale consideration on or before June 30, 2012, the First Party may rescind this Agreement and would also be entitled to forfeit the advance amount of Rs. xxx/- paid by the Second Party under this Agreement, without any protest and demur from Second Party.
My question:
If he fails to comply with these terms, what happens afterwards. Do I go to court? Can he fight for this money back? Can the advance amount used in this agreement be forfeit? Is the word "advance amount" correct terminology to use?
Thank you
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