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Anonymous   01 February 2011 at 12:36

lease deed

We have property which is used for commercial purposes. Earlier we used to enter in to lease deed with the parties. Now the party is proposing for LICENSOR/ LICENSEE agreement.

why the party is insisting on the change? what implications it will have on the agreement

Vinay   01 February 2011 at 11:36

Regarding service tax on construction linked home

Hello Sir,
1.I have baught an house in Haryana gurgaon under subvention scheme (menas Loan will be payed by builder till June2013) June 2013 is expected possesion date. buildup area is 1000sft , super area 1209sft. Cast of super area is 1209*2313=27Lac. but total cast ( inclusive of parking charge, club mem charge etc) is 41Lac.

I have few questions here.

1. As per New rules under section 65(105)(zzzzu)Service Tax on will the service tax be charged on total cast ie 41Lac or super area ie 27Lac. Please suggest if any

2. Is the service tax be charged at time of possestion or it can be charged in part of individual payment as well.

3. I feel service tax should be only 2.5% not 2.75%.

4. Builder is also charging the 1.5L for parking. is it ok as per new rule.?

Thnaks
Vinay

Anonymous   01 February 2011 at 01:22

ANCESTRAL PROPERTY SELL

can you please explain what is 'ancestral property'

S Chowgule   31 January 2011 at 22:08

Renewal of Agreement of Leave & License

Respected Sirs,

My tenants and me wish to renew our leave & license agreement for a period of 1 year & register the same with the local corporation.

Firstly, due to the paucity of time, and contrary to execute the agreement and register the same day, we have decided to sign the document first and register the document a week later. Can we do that, sirs?

Secondly, since we are unaware of the total stamp duty necessary (earlier amount was 2500). Could we sign the agreement first on a Rs. 500 Stamp Paper & pay the differential stamp duty at the time of registration of the document.

Request your guidance.

Regards.

AMAN   31 January 2011 at 19:27

RE: WILL

hi,

Could u kindly let me know that how to prove that sister gets the Father’s self acquired property by fraud / cheating / undue influence / pressure on father etc, what are the grounds son can file an petition and what are the chances for son to win the case, please advice?

Thks,

unni   31 January 2011 at 18:44

Importance of Family Tree

Hi,

We are planning to buy an apartment in Bangalore.

Towards this we wanted to understand the importance of family tree. The apartment has been made in an agricultural land and is about 5 years old. There are over 70 flats and this flat is one among the flat given to the original buyer by the developer as compensation.

Many banks have loans running in the houses situated there and one public sector bank we approached is asking for the family tree.

Can you please share some information on the below:

* What is the importance of the Family Tree.

* Who will have the same.

* Which Government authority would have certified the family tree.

* In the absence of the Family Tree be recorded then , can the family tree be sanctioned by any government authority. If so , which authority should we approach now.

* What help can i expect om the builder pr the current owner?

* In case the family tree can not be done now are there any alternative and legal ways of meeting the legalities?

Thanks in advance. will await your legal views very keenly

Anonymous   31 January 2011 at 17:47

Co-operative Society-Rights of Member over occupant

In a registered co-partnership cooperative housing society in Mumbai, a member Ms. Z has 2 tenements in her name. They were initially in her father’s name, then her mother’s name and finally in her name. She is a single woman, now a senior citizen (70 years). According to her, when she was 29, her brother and his 2 sons (AZ and BZ) who were staying with her, started treating her badly, causing her to vacate the property and move in with her sister in the suburbs. The monthly rent was paid to the society by her relatives occupying her house. The current occupants AZ and BZ have not paid anything to Ms. Z, nor have they taken care of her, nor have they permitted her to stay in her own property.
Now, the society is thinking of going in for redevelopment. The managing committee of the society has been trying to help the 2 nephews in establishing a case by accepting correspondence from them, allowing them to renovate the tenements, issuing domicile certificates to them and allotting a member parking space to them at subsidized member rates, adding the parking charges in Ms. Z’s bill, without her authorization for any of this.
I have 3 main questions:
Do the occupants have a strong case or will Ms. Z be able to evict them or at least be compensated by them?
What is the position of Ms. Z in the case of future redevelopment and will the builder recognize her or the occupants?
Is there any way Ms. Z can remedy the situation at this point? Would it help her case if she directed the society to stop accepting the rent from the occupants?

Anonymous   31 January 2011 at 17:34

unregistered will and its effect

one of my client had died and he had written a will in favour of his wife bequeathing his immovable property which is unregistered. is the deceased wife is enabled to sell or gift the same and register in her legal heirs favour. if so what is the procedure to be followed.

Anonymous   31 January 2011 at 17:32

partition

my query is , father and mother having 2 sons and 3 daughters. during lifetime of parents 3 daughters marriage took place. thereafter 2 daughters died. oral partition taken place between 2 sons and they had constructed their respective portions with their own money and they are living in their respective portions. both father and mother died. the link documents are with 2nd son. eldest son is having 4 sons and younger son is having two sons. recently they agreed to reduce in to writing and paid stamp duty. but the younger son didnot attended for registartion. after that the eldest son died recently. what are the legal remedies available to the legal heirs or family members of the eldest son.

sagar Rao   31 January 2011 at 16:46

Partition Of House

Dear Experts,

For filing suit for partition of the house in the court of law is it advisable to file in lok adalat or civil court, please inform and which one will get faster judgement.I am resident of Hyderabad city.