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anish   12 February 2011 at 13:37

exemption from rent control act in gujarat

I have given my residential properties on leave & license basis in Gujarat.As far as i know the licensee in Gujarat donot get benefit under rent control act for properties let out after 2001 till 2011 due to ammendment in Bombay Rent Control Act. The said exemption is to be further extendede for ten years from 2011. In case my licensees donot vacate the premises in future am i protected because licensee donot get any benefit or protection under rent act in Gujarat ? In short would court rule in my favour if i have to get the premise vacated ?

namrata patil   12 February 2011 at 11:41

7/12 utara of land

In 1957 land owner is Mr.Joshi and we purchased it in 1980.When we purchased it that time on 7/12 utara owner name is Mr.Joshi.After that we soul it from 1980.Plz tel how we our name on 7/12 utara.Is it possible bez my lawyer charged from us Rs.50000/- till date.And we didnt get solution on it.
What to do now?
Thanks in advance.Plz reply urgent bez we have hearing in next month and wanted to solve this problem.

Anonymous   12 February 2011 at 10:55

Rent Act.

I filed release application against Tenants (commercial) in Prescribed authority/Trial Court U/s 21(a) u.p. rent control act 1972. Trial court rejects my application on bonafide need because there are two ancestral houses in other district and as well as on comparative hardship of Tenants that Goodwill will be suffer if he evicted.

In appeal ADJ court also reject on bonafide need because there are two ancestral houses in other district but finding on comparative Hardship is Totally against Tenants that NO HARDSHIP if he evict because shop practically closed since so many years.

This is the First case I heard that on bonafide need finding against Landlord as well as on Comparative Hardship finding against Tenants.
What was the Future of this case?
Any Apex court citation where this type of case discussed?

hemant   11 February 2011 at 22:28

Household property division

Dear sir,
We have got an ancestral 2 storied bunglow built by our father in 1960. We are two brothers myself staying in another town and my younger brother & his family presently staying in the said bunglow. Now I wish to have a clearcut division of this bunglow and wish to have the vertical division from Top- Bottom in two equal halves thereby having the rights for the plot land as well whereas my brother wants it in horizontal way in the form of Ground floor for him and First floor for me with garden, parking used by both and the terrace rights divided in Rt & Lt halves.

Anonymous   11 February 2011 at 21:26

mortgage over a housing property by third party

I got a house property by a registered settlement deed from my living mother on 11.7.2010.,which she got through a partition of properties self earned by her deceased father among all legal heirs, registered on 1.6.2006.
Now, when applied for E.C.,i found a entry as mortgage done to a 3rd party by my own sister narrating she got a sale deed from my mother for the same hose property on 4.7.2005.i.e.before the actual partition date. This is total false statement.
what should i do to my sister.
Is there any chance for me to file a police complaint to clear her threatens over the property.

Anonymous   11 February 2011 at 18:03

service tax for lawyers n solicitor firms

DEAR SIR,
PLEASE CLARIFY-
1. ARE LAWYERS AND DOCTORS NOW UNDER THE PERVIEW OF SERVICE TAX?
2. IF IT IS A LAWYERS FIRM THEN THEY ARE SUPPOSE TO COLLECT THE SERVICE TAX FROM THEIR CLIENTS BUT IF IT IS AN INVIDUAL LAWYER HE NEED NOT COLLECT THE SERVICE TAx IS THIS CORRECT?
3. I AM TOLD THAT EVEN THE LAWYERS FIRM DONT HAVE TO COLLECT THE SERVIE TAX FROM INDIVIDUAL MEMBERS BUT ONLY FROM SOCIETIES. IS THIS CORRECT?

Anonymous   11 February 2011 at 18:01

service tax for lawyers n solicitor firms

DEAR SIR,
PLEASE CLARIFY-
1. ARE LAWYERS AND DOCTORS NOW UNDER THE PERVIEW OF SERVICE TAX?
2. IF IT IS A LAWYERS FIRM THEN THEY ARE SUPPOSE TO COLLECT THE SERVICE TAX FROM THEIR CLIENTS BUT IF IT IS AN INVIDUAL LAWYER HE NEED NOT COLLECT THE SERVICE TAx IS THIS CORRECT?
3. I AM TOLD THAT EVEN THE LAWYERS FIRM DONT HAVE TO COLLECT THE SERVIE TAX FROM INDIVIDUAL MEMBERS BUT ONLY FROM SOCIETIES. IS THIS CORRECT?

Kunal   11 February 2011 at 17:28

Stopping of sale of property

Dear Experts

My friend staying in Mumbai has a 4 year old son and has left her husband due to personal differences around five months back. She is currently staying at a relative’s house with her son and has not yet filed for divorce. Her husband is staying in a flat with his parents on which there is a bank loan taken by him, however, she is scared that he might sell the flat and leave Mumbai. Have 2 questions, can she get the sale of the house stopped though court, if so how under which section and is there any ruling/law which she can use to become a joint owner of the flat as she wants to secure her son’s future. Please advice.

Anonymous   11 February 2011 at 17:21

property -co-operative housing society

1. Municipal Water charges
Where there are diffrent sizes of flats in a co-operative society (CHS) can the CHS charge to a larger flat, more than the standard charges of Rs.160/- per flat (irrespective of size of flats), charged by the municipality? If a CHS charges more than Rs.160 (per a larger flat), will it not tantamount to profiteering from members?
2.Certain common areas, services, facilities and amenities are not listed in CHS bye laws. Eg. bore well, sewage treatment, diesel generator, gym/club house etc. According to spirit of law,cost of running and operating these common failities etc are "service charges" to be equally shared by all members irrespective of size of flats. Can a Managing Committee take law in its own hands and design a method of charging based on size/are of flats?
3. By law, is Nomination mandatory or discretionery? Can non-submission of this Form be a valid reason to deny a member his Share Certificate?

Anonymous   11 February 2011 at 14:38

Taxation

I had a flat in delhi of co-operative society which I sold in december 2009. Because i got possesion of this flat in march 2009 I paid short term capital gain. Now MCD sent notice for property tax from 2005-06 to 2009-10. Due to some DDA objections flat allotments got late. Now please clear I was owner of the flat from 2005-06? If yes, then there is no liability to pay short term capital gain. Kindly clear the doubt.