Gautam Banerjee
09 June 2013 at 15:45
I have rented a Locker on a Bank, My aunty was the 1st Applicant of the account.
As my aunty has no wed-locked issue and she considered me as daughter and out of deep affection she advised me to operate the Locker sharing with my own stuff with her own belongings as she was incapable for her sickness to operate the said Locker. (In this connection, it may be noted that my Aunty married him for 1st time in her life, though she was 2nd Wife of her husband, who married her after divorcing his 1st wife with wed-locked issues)
Very unfortunately my aunty suddenly expired on 4th April’2009 and with a further shock my uncle also died after a short illness on 10th June’2009. I was very unstable facing the situation and couldn’t able to locate the Key of the Locker. But as a SOLE & LEGAL OPERATOR of the said Locker, all details including submission of Death Certificates of both co-holder of the Locker has been duly intimated on 15th September’2009 and the same was also formally received by the Bank.
On 21st November’2009, on a written request, Bank seeks permission from me for breaking up the Locker for arranging an alternate Key for smooth operation of the said SAFE DEPOSIT LOCKER, which will be conducted by M/s Steelage Limited and the entire lump sum amount of cost of the operation should be bared by me. Upon considering the cost involvement, And on a later period on 25.11.2009, Bank advised me in writing to my home address to deposit an additional amount of F.D to maintain & support the said Locker Account (addressed as “Your Locker”) and accordingly I have deposited the prescribed amount as advised by the Bank by an Account Payee Cheque Dated 07.12.2009
On 15th May’2011 I have responded to a Bank’s letter with consent to renew the FIXED DEPOSIT related to said LOCKER ACCOUNT. I’ve replied the Bank to agree with the F.D renewal and also very clearly requested Bank for arranging an ALTERNATE KEY for the said Locker assuring to bear the cost for the entire process as asked by the Bank formerly.
I visited his office on 2nd March’ 2013, he advised her to submit a ‘Succession Certificate’ which seems to be not only irrelevant but also a time consuming & further harassment too.
Later on a letter he advised me to submit my consent for opening the Locker ONLY FOR TAKING AN INVENTORY in presence of Bank’s representative, my representative/Lawyer, two respectable person also one Goldsmith, and in a later I need to submit i) An Affidavit, ii) Two Surer Certificate III) An Indemnity Bond followed by the other procedures to establish my legal “hair ship” as per their requirements.
I’m requesting you to advise me abt status of mine regarding the said Locker? I also can’t understand why I should require going through such hectic processing when I am a co-holder of the Locker and there is also my stuff in the Locker. Moreover Bank also recognized the same asking my permission to arrange an alternate Key in an earlier letter.
Veeresh Naik
09 June 2013 at 12:16
what is remedy for a partner, if the acting partner is not giving accounts? pl. note that partnership firm is engaged in constructing a building which still in progress therefore partnership firm can not be dissolved at this moment.
Rajesh Kumar Yadav
08 June 2013 at 22:43
My brother expired, he was working as salesman and having part time job as online commodity trading with having his own trading account. Mr XYZ made mutual deal with him for commodity trading for profit purpose and deposited Rs.200000 in his saving bank account. My brother provided to XYZ a valid security cheque for same amount. After death of my brother Mr. XYZ presented the cheque to bank for payment and the cheque got dishonoured.
On the date of death there is small amount of Rs.1000 in his bank account and also small amount in Commodity Account Rs.5000. We are unable to trace the movement of money as per bank statement/passbook.
Now Mr. XYZ claiming to pay the Rs.200000 from Nominee of Bank Account (Wife of my brother) as legal heir.
As per the legal notice Mr. XYZ was given Rs.2 lac to my brother as Loan and that should be pay off by heirs and also claiming under the Sec-138 of Negotiable Instument Act for dishonour of cheque.
As per our knowledge there is no written agreement/contrace of loan and it's repayment schedule.
Please advise, A security cheque is stands as mutual loan agreement (refer the case).
Is nominee lible to pay off the amount of dishonoured cheque/debt of deceased (refer the case)
vishnukumar gandhee
07 June 2013 at 21:01
SIR
I AM RITIRED EX ARMY MAN
I WANT TO SET UP SECURITY COMPANY
BUT I WANT TO KNOW WHAT IS THE PROCEDURE TO REGISTERED IT.
GIVE ME QUICK REPLY IF POSSIBLE
Sumit Shingala
06 June 2013 at 14:21
a proprietorship concern (not having any immovable property), is selling all of its assets and liabilities, including book-debts to a company in which the proprietor is director and shareholder...?
how shall stamp duty be worked out ??
Moulder
05 June 2013 at 11:14
Dear Experts,
I am planning to open up a new shop really soon in a new developing location. I am thinking up of running a promotional campaign through local newspapers, online etc.,. so my shop will have buyers from day 1.
I am thinking of running up a contest where every interested customer will have to pay a Rs. 50/- to enter the contest and after one month 3 of the lucky winners will get the prized items and rest of the customers will get their 100% money back in the form of coupons, which they can redeem at my shop for their future purchases.
Someone has told me about "The Prize, Chits & Money Circulation Scheme (Banning) Act, 1978", so I would just like to know that whether I can do this or not? I mean I don't find anything illegal in this as I am just searching buyers and so returning their 100% money back to them..Please help!
prabhakar
04 June 2013 at 20:48
Hi All
i am a senior accountant. one of our logistic company is not is not giving DO for particular shipment unless we clear their dues pertaining to other old shipments. could you please confirm whether this is legal.
hormazd
04 June 2013 at 16:21
respected sir,
a person if he is a managing director and wants to leave the company, and he resigns as a director does his managerial duties also go with that??
i want a recent case law proving that managing directors are directors and resigning as a director takes his managerial duties away..
kindly help
Sharath Babu
04 June 2013 at 11:48
Hello friends,
I am an advocate and I need little information on the following and it would be great if you could give me your expertised advise on the same
Query: - My client (Indian)wanted to start a pre-school with partnership with a foreigner (US National)and later grow it slowly to elementary and middle school.
- Total investment 15 lakhs
- partnership with a share of 60% (Indian) and 40% (Foreigner).
Please let me know
1) Whether approvals and license from concerned education departments are needed?
2) what are the legal requirements for getting into partnership with a foreign national as the flow of investment will be from outside.
3) Do we need to inform RBI and take permission or it comes under FDI.
4) what are the other requirements.
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Service tax applicability
Dear Experts,
Please help me out on the following.
As per the point 9 Mega Exemption and Finance Act 2013
Services Provided TO Education is exempted from Service Tax(ST) by way of
1) Auxiliary 2)Renting of Immovable property's
Now, I would like to know is following services outside ST
1) Security , House Keeping Services to School ( School providing the education for 1 to 10th Standard)
2) What documents should school produce to Security and House keeping service providers
3) Should School specifically apply to avail the above exemptions or it is automatic as per the Mega exemptions.
Best Regards