Anonymous
11 February 2011 at 18:01
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 17:21
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 14:23
I PURCHASE LAND IN 1987,FROM BHOIR FAMILY.AND ON 7/12 NOT NAMEED ON MY NAME. WHAT PROCEDURE OF RENAME OF ME.AND TAHISILDAR SAYS THIS PROPERTY IN KUL KAYADA AND WHEN U PURCHASED THE LANDTAKE PERMISSION OF MAHARASHTRA GOVT FIRST.
Anonymous
09 February 2011 at 22:59
I booked, 2-3 years ago, a commercial shop in one of the upcoming malls in Gurgaon developed by a known builder.
I have made 100% of the payment. The mall is now almost ready but the registration is not yet done.
• Can builder or the maintenance agency/company already raise the bill/invoice for electricity and maintenance before registration of the property?
• Shouldn’t such a demand be raised only after registration of the shop/property?
• Is it same for residential complexes (society flats, …)?
Thanks for the legal opinion.
Anonymous
09 February 2011 at 12:00
if any landed property purchased in the name of & sons (HUF)and duly registered in the office of sub registrar is a valid document and if so, under which provisions?
Anonymous
09 February 2011 at 11:37
This is a new property which has 7 members.
The property is being maintained by the builder since 2009. Now we are planning to have this conveyed to the members/society.
Since we are only 7 members, the builder has adviced us to form a Condominium or Apartment Owners Association.
I have two queries:
1.Between Condominium & AO association, which is better for the residents?
2.When the builder conveys the property to this association or society - what are the points to be checked by residents?
Would the 'plot' also be transferred and all rights to the 'plot' on which the apartment has been constructed ?
Anonymous
09 February 2011 at 08:22
Dear Learned Experts,
We live in Hyderabad.
I've purchased an apartment in Vizag (A.P.) in 2006 in my mother's name (my mother passed away in 2008). My mother in law has been living in that apartment ever since it was purchased, without paying any rent. We don't have any rental agreement since we just let her live there for free just based on family relations/goodwill.
In addition, I've been regularly sending her money once a month for her personal maintenance, and also separate amounts for paying property taxes, etc.
However, about a year ago, we've discovered recently that she has involved in some serious moral controversy that's still under trial in a separate criminal case, due to which she spoiled her relationship with her entire family (my side as well as my wife's side, my wife and all her relatives including my MIL's own mother support us morally).
So, we asked her to vacate the apartment about 8-9 months ago. She plainly refused to vacate and when we tried to put some oral family pressure on her through my wife and our relatives on my wife's side, she filed an injunction against us in the court claiming wrongfully (and without any proof) that we sent goons to remove her forcefully (personally no one from my side of the family has even visited her casually since the moral issue, nor have we sent anyone to her) and that we can only evict her through a legal process.
The injunction case has been running for about 8 months now without any progress, and she has managed to drag the process without anything happening until now (sometimes she doesn't turn up, some other times the judge doesn't turn up, some other times her advocate asks for a postponement, etc..) To top the trouble, we live in Hyderabad (My dad is 70+ yrs old) and the case is in Vizag, so we have to depend on relatives in Vizag to represent us (causing hardship to them too).
Meanwhile, She sent a mediation message through her lawyer saying she'll think of vacating if we pay her 5lacs + legal expenses. We refused outright since we didn't agree with the reasonability or morality of that 'deal'.
We recently filed an eviction notice through our lawyer, but she sent a reply notice through her lawyer claiming that she has been paying rent to our 'agent' without even mentioning the name of that non-existent agent, and demanding that we should pay her 5 lacs for the 'mental and physical agony' that we caused, whereas she's the one causing enormous mental agony to us, both because of this unjust and ridiculous case and also because of her continued immoral behavior outside of this case..
The judicial system seems to be ridiculously advantaged towards squatters and occupiers, since once someone has occupation of your property, it's next to impossible to get them to vacate from your own place, more so if that person is ready to slap silly cases in the court and enjoy the property for free while prolonging the case - magistrate, district court, tribunals, high court, etc.. with silly and baseless/unprovable claims and employing procedural/technical cunningness..
Is there any better recourse to this situation, or some special techniques/clauses that can be employed to speed up the legal justice process, or do we just have to let this drag on 5-10 years from magistrate to district to state court, all while incurring legal costs and while she enjoys our apartment for free..
Thanks so much for reading and I'll really appreciate a response to this. We are only looking for a completely legal recourse.
Sincere Thanks..
Anonymous
08 February 2011 at 17:33
whether landed property purchased in HUF name can be registered without mentioning the name of the individuals copacensor of HUF.If yes, then under which section or provision?
Chandrika Subramaniyan
08 February 2011 at 14:51
Dear Experts,
I am in the process of selling a 35 Year old Flat in Chennai Mylapore area.The sale is set to conclude at Rs 5200000 (all white)for a UDS of 595 Sq Ft & Flat size inclusive of common area at 825 Sq Ft which is part of 6 flats building. My questions are as follows and would be grateful for a guideline.
1.In the sale deed, the buyer wants to segregate land value,Building value so that he can reduce the registration fee for himself plus value for furnitures built in(part of the flat) all of which will make Rs 5200000 and I expect to collect one DD for this whole amount. Now, will I be breaking the law by signing above deed and showing partial as land and building value towards LTCG computations and the balance as cost towards the furniture.Would this balance be considered as black money ? I want to be transparent law compliant .
2. The lawyer I am dealing with does not give me a an indication for his fee structure. His role in this has been minimal like talking to the buyer ( Initial sale price and agreement has been directly by self and the buyer as buyer is the tenant who resides there) , giving copies of documents (Copies were taken by the buyer paying his own money from the lawyer)for buyer's loan approval, to write the sale deed and register the property etc. I would be grateful for a general and approximate guideline for a Lawyer's fee.
Thanking You
Chandrika Subramaniyan
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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?