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Bevin M   21 August 2015 at 10:07

Filing of itr after sale of property

We sold our ancestral property wherein i rec my share as 25 Lacs and have to pay LTCG. An amount of 25000 was paid as IT under Sec 194 IA. Can I claim this as Expenditure incurred on Transfer of Sale in My ITR-2 return under Sec 48? Also as I paid 25500 as Brokerage can I claim this as Expenditure under Sec 48. Bevin

keshav   20 August 2015 at 14:36

Diversion or conversion of land

Sir/Madam,

I am having a agriculture land and I want to run a business on it. Section 4 has been notified and this land will be acquired by Coal India Ltd., but this acquisition process will take around 10-12 years.

So I want to know that after sec 4 whether diversion or conversion of land is possible or not.


Thanking you

KETAN J SHAH   20 August 2015 at 11:31

Tenant giving false evidence in 2 courts

Respected Sir's
I am a Landlord of a property in Mumbai. I have filed a case in small cause court against my tenant and simultanouesly Tenant has filed suit against corporation for the same matter which is in small cause court.In both the cases the tenant has given false evidence in his written statements and Plaints. He has not given true statement to his advocates also and that is why the advocates have filed statements on the Tenants words.
Secondly the original tenant is still alive and he has added his sons name in the premises.In the court Tenant says it is his properitory concern and in actual he has added his sons name without the permission of the Landlord. As far as I understand the law it is clear that the son's right comes over the property only after the original tenant expires.The tenant is a commercial Tenant and after his death the son should be in the same profession as his father.
What are the rights of a brother in a brothers property.
Please clarify the above queries and oblige
Thanking you in advance.

deepika   20 August 2015 at 00:07

After fir what

We have a joint property in Jaipur which was on the name of my father and uncle. My father was a minor when the property was bought and grandfather was his guardian.after my father expired a will came into picture in which he gives the property to my older cousin ,but my mother can use it till she is alive.my uncle made a will and give our property to his younger son.now when my mother claimed she was thrown out of the house ,presently she is staying with me.we are three sisters and I am the oldest.when I lodged the FIR my cousin promised to vacate the property which he did but later broke our locks and presently he is staying there.my mother is 63 yrs old .what is the legality of this case and I need the best lawyer who can tackle this .pls reply

B Chakraborty   19 August 2015 at 21:17

Agst gpa

Sir my father purchase a property in new delhi against GPA on 2013. My father died in the year 2014. Now I want to transfer the GPA in my mother name. Pls advice.

himani   19 August 2015 at 16:18

my father property problem

mere papa ki 2 wife hai 1st wali ki deth ho gae..or second wali jo meri mummy hi wo jinda hai but papa mummy ko ghr se nikal diya hai 1st wife ki do ladkiye hai n meri ek bhen hai papa sab se nafrat karte hai bas mjhe acha rakhte hai papa unkri government job hai... or ek mkan hai 1 crore ka or kuch bank balance hoga kitna hai wo nhi pta.....so sir mere papa ki tabyat bhi kharab rehti hai or wo akele hai koi unse milne nhi aata koi ladkiye unki nhi aati milne unse Sirf me hi unka khyal rakhti hu mere papa drink krte hai ;( to sir agr mere papa agr deth ho gae to kiske name ho unki property n bank blance... Sir sab ko hissa bra bar mile ye me nhi chahti coz wo ense pyr nhi krte pese se krte hai... Sir agr sirf mere name karna ho mere papa k name ka stanp or uspe likhit me kiya likhwaun sir btao jisse mujhe aage mere papa k nhi hone k bad kuch problem nhi ho.... ki koi objction uthaye unke hak k liye.... Or sir stanp paper mere pass rahega or mere papa ki deth hogi to kab kha ja k btana hoga.... coz mjhe dar hai ki ye stanp koi fad k jla nhi de mjhse chin k... . To sir mujhe kiya krna hoga plz halp me plzzzzz sir

kirron shah mr.   19 August 2015 at 15:21

Being legal heir of my my mother;s property at mumbai

Sir,
it is since 1997 my father who was owner of property at ANDHERI WEST expired,thereafter my Mother Expired in 2007 as widow and Owner of the flat as per will of my father ! My Mothers name is registered in share certificate of Society and now recently my Elder Brother who harassed my Father/Mother/me & my wife as he was good for nothing and notorious person in our family ! My Brother have never intimated me or my parents viz My Mother & Father that he is Married so when he expired he was all alone and his body got Decomposed for four days ! Our Society;s Office Bearer called Fire Brigade & Local Police to remove Decayed & decomposed Body after his death ! So now the possession of my Mother;s Flat is with Local Police since last three months ! I wish to take possession of my Mothers Property from Local Police Station on completing their legal formalities amicably ! i do not have money to pay for advocate fees as on date i do not have my own home or shelter to stay with my Family ! Please tell me what to do as people other than my friends/relatives may try to to harass me for above by putting obstacles what ever way they can !!

Aditya Prakash   19 August 2015 at 13:59

Hindu family property division question

I have a question regarding the Property Distribution. I belong to a Hindu Family from the State of Bihar. The property in question is registered in the name of my Grandmother. My Grandmother has died and now years later to that my Grandfather is dividing the property among my father and uncles. My father has 3 brothers and a sister of which one brother is not sane. He is mentally unstable. My Grandfather states that he will be dividing the property in 5 parts out of which 4 goes to each brothers and one for himself. I am not sure if my aunt (father's sister) is interested in the property. I have to consider that she is not interested as she is already married and she is well off.

Please tell me if the property is in the name of my Grandmother, is my Grandfather entitled to do the distribution?
How many parts the property should actually be divided in? (as one brother is insane).

Now the thing is that my grandfather is a very cunning person. He is not playing fair. My grandfather had filed a petition in the court for the property distribution. The deed has arrived. As per the information that I have the deed has names of 6 people on it, as you people have said. My grandfather did not have a good relation with my father. And he is 94 years old now. He might die in a couple of years I guess but he is giving his share to one of my uncle's kid that is my cousin and he is giving the the share of my insane uncle to the same cousin and he is getting my aunt out of the picture by not giving any part in the property or having her relinquish the right on the property.. I understand that this division is totally biased. He is asking us to possess the part of the property which we do not want. What can I or my father do to stop such kind of division. We have not signed any paperwork yet but can the division be successful even if my father does not sign the documents? Please advise what shall we do?

anish   19 August 2015 at 13:53

New tenure land purchase u/s 63 aa

Sir
I am interested to purchase new tenure agricultural land (navi sharat ) in Gujarat in industrial zone. As per sec 63 AA of Gujarat Tenancy & Agricultural Land Act no previous permission of collector is required for purchase by a person of such land for bonafide industrial use. I shall purchase land in my name right now and apply for permission certificate to collector as per law.
However the name and entity doing bonafide industrial activity would be decided later on as it is difficult to plan it right now.
Is it legally valid if I purchase land in my name and later on industrial activity would be carried out by a firm or company where I would be proprietor, partner or director? The criteria of bonafide industrial use would be complied with.

Sita Vallabhav   19 August 2015 at 12:27

Regarding joint ownership after partition, will

Respected learned professionals,
I am common friend of the family. ( On Various discussions with the family members, a clear picture is emerged to me hence the query, respected professionals... )

Brothers Vishnu, Mahesh, Ram, & Ganesh got their father's property partitioned in 1959 by registered partitioned deed .K.erala.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together. (The reason stated to keep Mahesh's property also as join property along with that of Ganesh was that mahesh was diabetic and he was not interested to mariage. So elders thought it fit to keep his property together with that of Ganesh as Ganesh will take care of Mahesh. Also Mahesh was not in good terms with other two brothers Vishnu and Ram.)

Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh, his wife & children, ever since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has wife and children.
Vishnu, Ram and Ganesh have died.

Now, in 2015, the family of Vishnu and Ram approaches Ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property as class II heirs of Mahesh.

But Ganesh's family tells them that, Mahesh under the will dated 1967 bequeathed whole of his property in the joint holding to Ganesh only.
The will written in 1967 is non registered but witnessed by two persons. ( i was told that WILL need not be regestered & also need not be Probated in this state.)
How Ganesh's family prove the authenticity of the will as it is not registered and not probated ( They do not know whether the will needed to be probated long ago) and the witness have died now.

Now family of Vishnu and Ram have informed Ganesh's family that they will go to court and disprove the WILL.

The Will is made 47 years ago.
The two witnesses are not alive now.
Nobody has till now staked claim on share of Mahesh as class II heirs in the joint property in the names of Mahesh and Ganesh.
The said joint property is possessed and enjoyed solely by Ganesh and his wife and children.
When the matter goes to court and the Will is produced in the court, Whose burden it will be to prove or disprove the authenticity of the Will?

What are the chances, the court allowing Ganesh's wife and children continue to possess and enjoy the property as per the WILL?
How can Ganesh's family prefect the title in their name of this joint holding.
Will the court support Ganesh family on the basis of Survivorship
since the property was on joint name,the survivor will have right over pre-deceased partner)
Is limitation period in favor of Ganesh family?

please enlighten sirs..