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Anonymous   20 August 2010 at 17:16

rights in Undivide Inherited Property

Mrs.X has expired without any Will, as per Hindu Succession (Amendment) Act 2005, her 2 elder Daughters (D1 and D2) , youngest Son (S1) and Husband (H1) inherit the below mentioned property with equal share (i.e., 25% each).
a. One Shop in a Commercial Complex (Facing the main Road)
b. One Godown in the same Commercial Complex (behind the Shop mentioned in point no.1 with approach way inside through the Common Path of the Commercial Complex)
c. Appurtenant Place (to the left of the Shop, Right of the common path of the Commercial complex and in front of the Godown).

1. S1 and H1 has constructed an Shop in the Appurtenant Place (mentioned in Point No.c above) without the knowledge of D1 and D2 and not giving any rent for this share (i.e., 25% each) for that shop being run by S1 and H1.

Q: Is it legal to run a Shop in the Appurtenant Place, (either with or without the consent of D1 and D2)? Under Which Section and Act, can the D1 and D2 file a Suit for their Share of rent?

2. S1 and H1 has colluded and vacated the existing Tenant of the Godown (point no.b) by some settlement to him, without the consent of the D1 and D2 and taken pocession of the Godown to rent it at higher lease premium without giving the D1 and D2 their share (i.e., 25% equal Share).

Q: Is it Legal to suppress such Information to D1 and D2 by S1 and H1. If not, which with Section and Act the D1 and D2 can file suit against H1 and S1?

3. S1 and H1 has informed D1 and D2, that Existing Tenant of the godown has handed over the Godown to the “wife of S1” with a private Settlement between them and “Wife of S1” has in turn leased it out to some third party for higher lease premium and substantiating in legal terms that even H1 and S1 have also not got any benefit from Godown Tenancy change.

Q: the D1 and D2 share in the higher lease premium has been indirectly taken and enjoyed by the H1 and S1 by involving the “wife of S1” as intermediate Tenant. Is there any Section and Act in the Law to safeguard the Interest of D1 and D2 for filing a suit in the Court of Law?




SUBHASH SHARMA   20 August 2010 at 15:16

WHAT IS PROVISIONAL CERTIFICATE, UNAUTHORISED COLONIES

WHAT IS PROVISIONAL CERTIFICATE FOR REGULARISATION WHICH HAS BEEN GIVEN TO THE UNAUTHORISED COLONIES IN DELHI.

ALL PROVISIONAL CERTIFICATE RECEIVER COLONIES WILL REGULARISED.

WHAT IS THE PROCEDURE WHAT TIME IT TAKES.

SUBHASH SHARMA   20 August 2010 at 14:41

PURCAHSE OF PROPERTY

I HAVE APPLIED FOR SERVICE TAX ONLINE REGISTRATION.

I WANT TO AMEND THE PARTICULARS ALREADY SUBMITTED.

CAN I AMEND THE SAME IN THE SAME LOGIN ID OR SHOULD I SURRENDER THE REGN NO. AND APPLY FOR FRESH REGN.

WHAT SHOULD I DO KINDLY ADVISE.






ONE OF MY CLIENT WHO HAVE POWER OF ATTORNEY & RELINQUISHMENT DEED OF RESIDENTAL HOUSE IN HIS NAME AND HIS ELDER BROTHER’S NAME JOINTLY WHICH WAS EXECUTED BY HIS FAHER AND MERRIED SISTER (PROPERTY WAS IN THE NAME OF HIS MOTHER WHO IN NOT ALIVE).

FATHER REMARRIED AND LIVING SEPARATELY.

SISTER IS ALSO MARRIED.

NOW FATHER AND SISTER BOTH CAME TO MY CLIENT THREATENED HIM AND EXPELLED FROM THE HOUSE.

ALL ORIGINAL PAPERS ARE LYING WITH MY CLIENT NOW BOTH FATHER AND SISTER ASK THE ORIGINAL PAPERS FROM MY CLIENT.

1) WHAT SHOULD HE DO NOW KINDLY SUGGEST.

2) ATFTER THE DEATH OF THE MOTHER OF MY CLINET. THEY SHOULD HAVE FILED FOR SUCCESSION CERTIFICATE.

3) POWER OF ATTORNEY IS VOID OR NOT.

4) CAN FATHER AND SISTER WITHDRAW THE POWER OF ATTORNEY AND RELINQUISHMENT DEED.

5) WIFE OF MY CLIENT IS PREGNANT BUT SISTER OF MY CLINET WHO IS INSISTING TO GRAB THE PROPERTY IS THREATENING , ABUSING AND BEATING MY CLIENT AND HIS WIFE.

6) SINCE WIFE OF MY CLIENT IS PREGNANT MY CLIENT LEFT HIS HOUSE AND LIVING SEPARATELY HE LOCKED HIS HOUSE BUT SISTER AND FATHER OF MY CLIENT MAY BREAK THE LOCK ANY TIME.

7) FATEHR AND SISTER OF MY CLIENT COME TO MY CLINET CAME TO THE TENANTED HOUSE WHERE MY CLIENT IS LIVING THEY THREATENED THEM AND TRIED TO BEAT THEM.

KINDLY SUGGEST WHAT TO DO.



GOODS SOLD FROM DELHI AND CUSTOMER WHO BELONGS TO OTHER STATE TAKES THE DELIVERY IN DELHI AND PROVIDE C-FORM.
CAN WE TREAT THIS SALE AS A CENTRAL SALES TAX.

DEPARTMENT OF TRADE TAX, DELHI DOES NOT TREAT THIS SALE AS A CENTRAL SALES AND ALSO REFUSED TO ACCEPT THE C-FORM.

KINDLY ADVISE.

SUBHASH SHARMA
ADVOCATE
M-9891338895
























ONE OF MY CLINET AB LIMITED WHO IS DEALING WITH TRADING OF GENSET HAVING FACTOR CUM OFFICE AT SAHIBABAD, UP. THE DG SET WAS DESPATCHED IN 1990-1991 BY THIRD PARTY “HIND LTD” WEST BANGAL SINCE IT WAS CONSIGNMENT SALE. WHILE TRANSPORING THE DG SET FROM THIRD PARTY WHEN IT WAS ENTERED IN UP. MOHAND NAGAR CHECK POST DETAINED THE CONSIGNMENT ON THE BASIS THAT THE DRIVER DID NOT SHOW THE CONSIGNMENT NOTE TO THE CHECK POST AUTHORITY.

AB LTD ALREADY RECD THE PAYMENT OF THE SAME D.G. SET IN THE YEAR OF 1989-90 BY RAISING PROFORMA INVOICE AND C-FORM WAS ALSO GIVEN BY THE NTPC INCLUDING OF THIS TRANSACTION IN THE YEAR 1989-90.

SINCE AB LTD RECD C-FORM IN THE YEAR 1989-90 SHOWN THIS TRANSACTION IN THE YEAR 1989-90 AND GOT THE ASSESSMENT DONE BY SHOWING THIS TRANSACTION AS SIT SALE.

AS CHECK POST CASE OF 1990-1991 WAS STILL ALIVE AND MOHAN NAGAR CHECK POST TREATED THIS TRANSACTION AS LOCAL SALE IN THE YEAR 1990-1991.

AB LTD FILED AN APPEAL WITH ADDNL COMMISSIONER AND LATER ON TRABUNAL, GHZAIABD AND TRIBUNAL ORDERED TO TREAT THIS TRANSACTION IN THE YEAR 1990-1991.

NOW C-FORM FOR THIS PARTICULAR TRANSACTION IS BEING DEMANDED BY THE SALES TAX AUTHORITY FO THE YEAR 1990-1991 WHILE AB LTD HAS ALREADY DEPOSITED THE C-FORM TO THE ASSESSING AUTHORITY AT THE TIME OF ASSESSMENT.

CAN C-FORM FOR THE YEAR 1990-1991 BE ISSUED FOR THIS PARTICULAR TRANSACTION.

NTPC HAS ALSO COMPLETED THE ASSESSMENT OF 1989-90 AND 1990-91.

KINDLY ADVISE.

REGARS

SUBHAHS SHARMA
ADVOCATE




I WISH TO PURCHASE A PROPERTY AT WEST JYOTI NAGAR ENCLAVE, IT IS A UNAUTHORISED COLONY SINCE 1972. BUT A PROVISIONAL CERTIFICATE OF REGULARISATION HAS BEEN PROVIDED TO THE COLONY BY THE DELHI GOVT.

ELECTRICITY CONNECTION, WATER CONNECTION, CEVER ETC HAS BEEN PASSED AND PROVIDED BY THE HARIJAN WELFARE BOARD.


MY QUESTION IS :-

1) ON THE BASIS OF PROVISIONAL REGULARISATION CERTITICATE THIS COLONY WILL REGULARISE OR NOT AND WHAT TIME IT WILL TAKE.
2) IF I PURCHASE THE PROPERTY IN THIS COLONY CAN I GET A POWER OF ATTORNEY REGISTERED OR SALE DEED.
3) SOME ONE TOLD ME THAT POWER OF ATTORNEY IS BANNED IN DELHI ONLY NOTORISED POWER OF ATTORNEY WILL BE EXECUTED.
4) NOTORISED POWER OF ATTORNEY AND PROPERTY WILL IS SUFFICIENT FOR LEGAL PURPOSE OR TO GET THE SALE DEED REGISTERED AND FOR DOING ANY OTHER ACTIVITY IN FUTURE.
5) SOME ONE TOLD ME THAT FOR REGULARISATION OF THE COLONY DELHI GOVT HAS TO TAKE NOC FROM THE VARIOUS DEPTT LIKE MCD, DDA, FOREST DEPTT, REVENUE DEPTT ETC. AND IT IS NOT NECESSARY THAT THESE DEPTT WILL PROVIDE THE NOC.
6) WHAT IS THE MEANING OF PROVISIONAL REGULARISATION





















































Anonymous   20 August 2010 at 13:43

Buying society resale property on loan

Hi, I have paid earnest money for CGHS society flat in Delhi . Share certificate and allotment letter are missing how do be approach the same.

Also the seller is getting the property converted to free hold and after which it would be given as a gift deed to her sister from whom it will get sold to me .This will be taken on loan.

Solution : I see-- File FIR for share certificate and get newspaper article after which apply in society for duplicate share certificate . Get property converted to freehold and as part of gift deed ensure that sister has selling rights . This gift deed needs to be registered and stamp duty needs to be paid. After which the documents will be submitted to bank for loan

Ashok   20 August 2010 at 12:05

Registration of Flat

I have purchased a flat in Bangalore, in a complex having 8 flats, in 2006. The builder first got the undivided share of land registered in my name and i have paid the registration fees on that. Now I would like to get the flat registered in my name. How do i get it done ? Is rectification deed enough or a fresh Sale deed is required. If fresh sale deed is made will it mean the the first land deed is not valid and I loose the registration fee paid at that time ?

Tarun Goyal   20 August 2010 at 10:40

query for registery

R/Sir,

mr x have a house but he had no registery of his house . mr x was died 20yrs ago than mr x wife married again with mr y in court after 3 yrs of his death. but they had not change mr x name in house tax & electricity bill. now mr x & y wife is also died. the problem is this mr x son want to sold the house but mr x brothers creating problem & said that this aour property & you do'nt have any seprate registery of his house.so pls tell me what will mr x son do in these circumstances.

Arvind Sehdev   20 August 2010 at 00:40

Can a Gift Deed made by a POA be challenged by POA giver....



1. If a Gift deed made by the POA holder, can it be challenged by the person who authorized such POA?


for eg. there is a property and I have a share in that property and so do my sister. I give her the POA and she gifts it to someone. If I want to challenge the gift deed can I do so? If yes, then how? And are there any authorities/case laws helping me in this case ??

Anonymous   20 August 2010 at 00:13

How to speed up an urgent case in a trial court ?

I am fighting a case of senior citizen widow,very much sick,living on a particular floor of a building which in an unauthorized construction and with IRREGULAR WATER SUPPLY.

The case is under 14D,Delhi Rent Control Act.The Court is giving dates of 4/5 months?

The lady may die before the judgement,how can I ask the court to give very short dates?

On next date 28/08/10,I am supposed to file rejoinder.
Plz. help.

Hariom Sharma   19 August 2010 at 16:03

Succession Certificate

Sir,

We are residing at Mathura (UP) and the FDR is Mandalgarh, Bhilwara (Raj.)

In which district court i am eligible to file an application for getting succession certificate?

Nisha   19 August 2010 at 14:56

Builder Problem

Our builder is not giving us the clearance for the flat which he had prepare Under SRA he sold other flats which he had prepare for selling now from last4 years our flat is ready but Builder has not given us the water line & flat agreement now He is not responding for the same. Just now we came to now that the agreement made on stamp paper is just made an notary agreement has not registered & we also came to know that the validity of the agreement will be of 5years which is completing on jan’11 we have the possession of the gala(where he sifted us & the flat (which he is suppose to provide us ) he give us the less area of flat then the agreed area & he is agreed to pay for the difference now he is just not responding for any thing Kindly advice us.