seema sharma
19 January 2012 at 16:48
sir,
my father were 9 children of my grand-father. now what is the process after my fathers death to register property share in our name. (we are 4 siblings and my mother.)
pls guide.
as it is heard by us that our uncle has sold some of property without our knowledge, is it possible that without taking NOC from my mother, he can sold it.
what if through power of attorney he has sold our portiuon also.
what are remedies available to my mother as she is an illiterate lady, and we just came to know about that one week earlier.
Gaurav
18 January 2012 at 23:13
Respected Sir,
This is with respect to my father's MACT case. He was the sole bread earner and post accident had unfortunately had become mentally challenged.
I have two parts to my question.
Part A: Treatment of Depreciation while computing Income for Sole Proprietor:
My father was a sole proprietor. He recently passed away.
His income was nearly 4.5 Lakhs. He however claimed nearly 3 Lakhs as depreciation.
Thus, his Profit before Depreciation was 4.5 Lakhs
while Profit After Depreciation was 1.5 Lakhs.
Which amount would be taken as amount for compensation case. Please guide sir.
Per my understanding, depreciation is a non-cash expense and is similar to say standard deduction which is allowed for Tax computation.
Thus, Profit before depreciation should be taken into account.
Gaurav
18 January 2012 at 23:02
Respected Sir,
This is with respect to my father's MACT case. He was the sole bread earner and post accident had unfortunately had become mentally challenged.
I have two parts to my question.
Part A: Treatment of Depreciation while computing Income for Sole Proprietor:
My father was a sole proprietor. He recently passed away.
His income was nearly 4.5 Lakhs. He however claimed nearly 3 Lakhs as depreciation.
Thus, his Profit before Depreciation was 4.5 Lakhs
while Profit After Depreciation was 1.5 Lakhs.
Which amount would be taken as amount for compensation case. Please guide sir.
Per my understanding, depreciation is a non-cash expense and is similar to say standard deduction which is allowed for Tax computation.
Thus, Profit before depreciation should be taken into account.
Part B ) Is my Lawyer acting fine?
Its been over 2 years but we are yet to get any ourcome. My father recently passed away.
My father became mentally challenged post accident and after 2 years of sufferings recently passed away after a brain hemorrage.
He is also suggesting that amount of compensation would be very small amount.
My lawyer prima facie prefers for a settlement. He is suggesting Insurance Company may contest that my Father passed away after 2 years due to some other reason.
Medical reports clearly show that he passed post a brain hemmorage. He had suffered large Brain damage in accident.
Now after 2 years, Insurance company guy for the first time interacted with us and said we would offer an amount. This seems a ploy to offer a lower compensation.
Nearly 6 months back , case submitted to Lok Adalat but Insurance Company refused to go for it. I was not even informed about this. I got to know about this lok adalat thing on the day of date. My lawyer suggested as the case is on higher side, insurance company is not ready to take it up.
My point is how he died is immaterial now as in any which case, he was not in a position to earn. So all we are seeking is loss of income and reimbursement of expenses.
Sir please help me as I have no source of information. My lawyer, is bent on compromise. Now after he is no more and I have suffered 2 years of misery including a brain stroke due to tensions, why should i go for compromise.
Many Thanks in advance sir...
Regards,
Gaurav Ahuja on behalf of my CousinSister....
Anonymous
18 January 2012 at 20:56
In my DV case, my parents and sister have filed a quash petition even though they have not recieved any summons.
And High court has sent a note to the lower court and sent summons for me and to my wife to come for arguments.
My lawyer is saying that your parents got a stay in the lower court.
I was told that the judge has asked my lawyer's junior the following questions?
1. How can they filed a quash or stay when the lower court didnt send summons to the parents and the sister.
2. Why cant the husband come for court as 'stay' is not meant for him.
If my parents cannot file a quash then why high court has sent a note to lower court and the summons to me and to my wife about the Quash/Stay petiotion filed by my parents?
I haven't yet filed a counter to the wife's DV complaint. As we got a Stay to my parents and sister, so When should i actually submit my counter to the DV petition. Do I still need to attend the call work as stay is not given to me?
Anonymous
18 January 2012 at 19:09
Sir i am fighting a divorce case and i want to know that
1. can someone with the help of a police officer(as personal friend) get my mobile phone call records.
2. if yes then can he also hear the conversations made between me and another party..meaning do the cell phone service providers record our conversations and can they provide them to these people. the conversation referred to is almost 30days old.
3. can sms's exchanged also be read?
I would like to specify that no FIR/Complaint is ever registered.
Kindly help at the earliest
regards,
Anonymous
18 January 2012 at 18:54
My friend has defaulted on the monthly maintenance charges to be paid to society due to his financial problem and now the society has served him the notice under section 101. what action society can take under this section if he does not pay the dues within the time specified in the notice ? what are the further remedies available to society to recover its dues?
Anonymous
18 January 2012 at 18:51
MY NAME CHANGE QUERY
I wish to change my current name and want to adopt a quite new name. I want my name changed from all the records e.g. academic certificates, Family register, revenue records etc. In all the records, my name is same. I had filed a suit for declaration of name change in the court but this suit had been pending for three years in the court as its a ex parte suit and my advocate told me that the court rarely accepts such ex parte suits and upon this we have no proper cause of action to change the name, therefore my advocate suggested me to withdraw the suit.( I think he had misguided me) Eventually, I withdrew the suit in 2010. I have consulted all the top officers about the procedure of Name Change but they do not have the knowledge of this as how to change a name legally, these officials includes SDM, Tehsildar (executive magistrate, Distt Magistrate, Distt Revenue Officer, some sitting Judges of lower courts, a SC advocate-on-records etc, etc. I am really surprised to see this that no body knows this procedure. I have made an Affidavit to this effect and got it published in two daily newspaper and thereafter filed the suit of declaration but of no avail. In Punjab, Haryana, Odisha, Maharashtra, and Tamilnadu and in other states Name Change practice is an easy way but why this matter is complicated in Himachal Pradesh - I do not know?? I had applied whatever the procedure published in internet but it did not work for me. Then what is the exact legal procedure of Name Change. I do not need any bookish and ideal knowledge regarding this but I need a practical guidance and that too from some lawyer who himself handled the matter of Name Change in court. Now my question is:
1. - What's the actual legal procedure to change current name from all the records and adopt a quite new name? Can somebody tell me how to proceed with this matter step by step?
2. - Does it need any cause of action to frame as my Suit for Declaration of Name Change is not against anybody but I simply wish to adopt a new name .?? If yes then what should be the cause of action or grounds of name change??
3. - Can you provide me some citation/judgments of High Courts or Supreme Court or some notification of Union of India with regard to name change that a person can change his name and can adopt a new name?
Shriram, HP
sriramsharanam@gmail.com
Anonymous
18 January 2012 at 17:40
sir, how prevent trespass our land from nearest land owners legally
Anonymous
18 January 2012 at 16:24
Dear Experts,
I had taken personel loan of 1 lakh from one of finance company@24% intrest per annum,i had paid some nearly 13 Emi's later i loosed my job.i was unable to pay installments from last 10 months and as on date iam unable to pay.can any body help me in this raard that what actions do company takes on me? how could i defend?.If i want to settle,how could i?I hope if i appear before them,they could charge criminal cases on me?
Court fees
Dear Sirs,
I have filed a case of injunction and declaration in Bhopal Distt Court on which i had paid Rs. 5 lacs as a court fees, finally i have lost the case and court pronounced a judgement against me. Now i want to file an appeal in Jabalpur High Court, kindly tell me how much court fees i have to pay on filing an appeal.