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Anonymous   07 May 2011 at 19:28

ITS PROPERTY -STAMP ACT-TAXATION-STATUS OF NRI

I HAVE A DOUBT IN MIND N I NEED UR HELP TO SORT IT OUT ENHANCE MY KNOWLEDGE OF LAW AS I M A LAW STUDENT.


'A'-'B'-'C' ARE PARTNER IN A FIRM
(a)B & C ARE HUSBAND N WIFE
(b)A IS A NRI

'B' WANTS TO RETIRE. N ACTIONS THERE SHARE OF PROPERTY OF THE FIRM.

A's MOM LANDS MONEY TO SUM FAMILY MEMBER 'X' AS LOAN/GIFT OUT OF MONEY THAT SHE HAS RECIEVED FROM SUM NRI,
THAN 'X' BUYS THAT AUCTION PROPERTY FOR HIMSELF.

IF A's MOM GIVES MONEY AS LOAN SHE DECIDES NOT TO TAKE ANY INTEREST AS 'X' IS A FAMILY MEMBER.

AFTER A 1YEAR 'X' PAYS BACK THE LOAN TO A's MOM.

AND MEANWHILE AFTER REPAYING SELLS THE PROPERTY TO SUMOTHER FIRM IN WHICH A's MOM IS PARTNER.

QUESTION::

1)IS IT LEGAL?

2)IF NOT UNDER THE PREVIEW OF WHICH ACT DOES THIS FALL?

3)CAN 'X'SELL PROPERTY TO FIRM IN WHICH A'S MOM IS PARTNER COZ SHE HAD GIVEN HIM LOAN/GIFT?

4)THIS FIRM IS THE SAME ACTIONED FIRM IN WHICH A'S SON 'A' IS A PARTNER,SO HOW DOES IT AFFECT 'A'?

5)DO LATEST PROVISION OF STAMP DUTY ACT,IT ACT ARE TAKEN CARE OFF?

6)AND LATER WHAT IF A's MOM WISHES TO TRANSFER THE SAME PROPERTY TO 'A' IN LATER YEARS,CAN A TAKE THAT ? BEING N NRI LATER CAN HE MAKE IT A PRIVATE LIMITED FIRM IN INDIA?


PLZ HELP ME SOLVED THIS CASE STUDY.

Anonymous   07 May 2011 at 15:03

Registration.

Dear Mr. ramchandran.

My Leave and license agreement is for 11 months. Thanks for your prompt advise.

Regards

Supriya

Anonymous   07 May 2011 at 13:09

Stamp Duty on Rental Agreement in Gujarat

What is the current rate of Stamp duty applicable to Rent Agreement for residential flat in Gujarat, India ?

Anonymous   07 May 2011 at 08:27

acquisition of government land

the local municipality proposes to acquire land belonging to the railways for the purposes of road widening. Since land acquisition act is not applicable to the said acquisition how to determine the market value and also let me know how is the market value of government land determined.

































Anonymous   06 May 2011 at 12:44

Signing Authority for Sale Deed

Dear experts, please confirm the validity of the board resolution.

CCC PLOT & HOUSING PVT. LTD has one Managing director - Mr. YYY, one director - Mrs. XXX, person to sign the deed Mr. RRR

Board Resolution is signed only by Mrs. YYY

Thanks.

EXTRACTS OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS HELD ON 29th APRIL 2011 AT 10 A.M AT THE REGISTERED OFFICE OF THE COMPANY

RESOLVED that the Board be hereby accord its consent for the sale of the Plots forming part of the larger Layout known as “AAA Housing Layout “ and re-named as “ZZZ” situated at _________ for the Company.

RESOLVED further that the Board be hereby authorize its Director Mrs. XXX, wife of Mr. YYY, residing at ______________________ of the company to negotiate, enter into agreement for Sale, execute the Sale Deed/s or any other documents in favour of any third parties with regard to sale of the plots forming part of the larger Layout known as “AAA Housing Layout” and re-named as “ZZZ” situated at ________________________ for and on behalf of the Company.

RESOLVED further that the Board be herby authorize its Authorized Signatory Mr. RRR, son of ______, aged about 57 years, residing at _________ to admit the execution of the said Sale Deed/s by its Director Mrs. XXX with regard to sale of the Plots forming part of the larger Layout known as “AAA Housing Layout” and re-named as “ZZZ” situated at ______________, present and appear before the said Sub-Registrar of Joint II, Chengalpattu or the concerned Sub-Registrar of Assurances, at all times and places as may be necessary to cause the said Sale Deed to be duly registered and to do all other acts that may be necessary to effectuate the said purpose.

RESOLVED further that the Board be hereby authorize to receive the said Sale Deed/s after registration and to give a receipt therefore to such person or give such authority in relation thereto as may be necessary in this behalf

- Sd -
Chairman
Certified True Copy
Date: 03.05.2011 FOR CCC PLOT & HOUSING PVT. LTD
Place: signed by Mr. YYY

Managing Director

Member (Account Deleted)   05 May 2011 at 15:55

GPA Holder

one father and his wife and one of their son acquired residential 300 sq. yd. land by way of GPA from one mr. khubi ram in delhi and all of 3 further executed a GPA (notarised) in favour of their daughter-in-law (the other son's wife). but the father dies in 2002 and his wife also dies in 2003 subsequently the daughter-in-law (the other son's wife and the last GPA holder) built a residential house with her own fund on the said land and dies in 2004.

Now the son who was one amongst them who executed GPA in favour of daughter-in-law (the other son's wife)has got evil intensions and wants to sell the ready built property but his brother (the last GPA holder's husband) and his sons are against this because their mother built the said house, pls suggest who is the legal owner of this property at present

Anonymous   04 May 2011 at 22:21

clear tittle of land

Respected Sir,
Please clarify me what is the legal meaning of-Own means having clear ownership title of the property in the name of applicant-in the context of WB Land Acts.This phrase was described recently in the IOCL's rural Gas Agency Scheme namely RGGLV. I would request to you that which Deeds,Docus establishes the Clear Ownership in our state.

Anonymous   04 May 2011 at 22:11

clear tittle of land

Respected Sir,
Please clarify me what is the legal meaning of-Own means having clear ownership title of the property in the name of applicant-in the context of WB Land Acts.This phrase was described recently in the IOCL's rural Gas Agency Scheme namely RGGLV. I would request to you that which Deeds,Docus establishes the Clear Ownership in our state.

rajat gupta   03 May 2011 at 19:58

Building Safety laws / Bye Laws

Is there anyone knowledgeable about the Building Bye Laws ?

Subject is, that I made a small investment in a office space in Faridabad, but the builder seems to be taking us for a ride. He's offering us a unit which looks like a tunnel - just 6 feet wide and 38 feet long.
Apart from the fact that this tunnel type of a layout is useless, I think such a narrow width may not be allowed as per Building Safety laws, as personnel movement and evacuation would be severely restricted during emergencies. So, I need to find out from an architect, if such a small width is allowed as per the Building Bye Laws ? Someone told me that a minimum width of 8 feet is necessary as per Building Bye Laws. Is that true ?

Regards
Rajat

Anonymous   02 May 2011 at 19:49

benificery in will for ornaments asking for latter of administration for whole fixed and movable est

I Mrs.P have put up this query but it was not clear,so i am puting it again
I am one of the legal heir of my dececed mother Mrs.T,her brother Mr.J made will in faour of his nephew Mr.A,depriving my mother, and his own brother Mr.K
On death of my maternal uncle Mr.j,the only executor Mr.A filed case for probate. During pendency of suit he died,and due to his death the suit was withdrawn by his lawer.
Brother of Mr.j,that is Mr.K also expired.and now my mother Mrs.T remaind only legal heir of Mr.J
mother of Mr.A,Mrs.PA approched court for substitution but the same was refused.
Mrs Pa was also given some ornaments in will. Hence she now approched court as benificery in will for latter of administration wtih attched will.
She is benifciery for only small protion of
total assets. total fixed asset amount to
rs. 1 crore and the ornaments are valued at Rs.1.5 lac only.
Now recently my mother Mrs.T also expired and court sent me citation for filing caveat, which i filed.
The will appears to be fraudulant.
My quation is,
Can I plead that as only small portion of ornament is given to benificery Mrs.PA,and that to is in her posseion,and as she has no right on fixed asset,as on death of her son Mr.A,no right to sue survive on her,the latter of administration should not be give to her, and I along with my borther and sister,being legal heir claiming under my mother Mrs T be given the all other fixed assets of my mothers share.
Is it a proper plea,or I should chanllege the will whcih may longer time.
Kindly guide me.