Silent victory
24 September 2016 at 11:41
My Builder still follows up for VAT on a flat that i purchased and occupied in 2008
Facts are as under
1. Agreement signed in 14.2.2008 and
given on 12.12.2008. possession was
unconditional
2. Agreement does have a vague clause that any service tax or any other tax even in future will be paid by purchaser . However there is no fixed amount agreed
3. First demand was served in 14.12.2012
which was without any backup or
comuputation and without his VAT
regn no etc.We declined and asked
VAT comuptation
4. Second Demand was in 19.5.2015 after 2.5 years . This time a notice but without backup
5. Third demand was on 2.9.2015 this time he admitted claiming VAT under Sec 58 but no computation against ec 58 1 A and importantly 1 B that allows 55 % deduction depending upon agreement date
Question
1. Can he file a summary suit after so
long
1. Since he asked first in Dec 2012 and
we declined to pay does not right to
sue first accure in Dec 2012 ? is
this not time barred by limitation act
3. Whould a summary suit hold in absence of any firm debt amount agreed or a proper invoice / proof of having paid vat
Praveen Gopinathan
24 September 2016 at 11:07
Respected Sir/Madam, I am bit confused about these two applications
What is the difference between miscellenous application and interlocutory application.? Are both applications same?
Please advise and help. Thanking you Praveen
Amit
23 September 2016 at 12:54
My father passed away recently and i'm the only child to my divorced parents. The current flat is registered under my name and my father's name holding 50% of shares each, And we didn't mentioned any nominee in the society neither my father has registered any "will", my society chairman has advised me to get Legal Heir Certificate and thereafter he shall proceed to make the changes in the society registrar. As i'm unaware of the Laws can someone advise me on the further process of getting the flat registered under my name to 100%.
Kmedu
23 September 2016 at 08:37
Dear Experts,
Whether the Foreigner can appoint an Indian resident as Power of Attorney?
Kindly advise me, Sir.
faraz qureshi
22 September 2016 at 20:58
Dear sir
Plz explain me what is non za land and
Is it safe to buy or sell is non za land holder is owner of land
VINOD
22 September 2016 at 19:51
can i get a heirship certificate under bombay regulation act section 2.
In other words can i be formally recognised as a legal heir of the deceased without any mention of property in my petition.
Member (Account Deleted)
22 September 2016 at 15:40
My cousing siister is working in defense servcies and has remained mostly out of delhi for duties in far flung places. Her late husband acquired a flat ind elhi inclduing her money also but got it docuetned in his name only. His elder brither and his wife also came tolive there saying they can stay in the flat till they make own arrangement and becasue the cousing was anyw ays posted out of delhi. But in 2006 her husband suddenly diesd of heart attack while attending a marriage out of delhi.Proper medical investigation records were not available and neither cusin nor her delhi based family members were even informed of death. When she came on holidays she was not allowed to enter house. Thorugh hercontacts she learn about all the incidents and found that they have obtained probate of a will allegdly written by her husband in favorof his 2 very young nephews. The willis claimed to be be rgeistred too.
She moved court and probate was atken back and then she filed the suit to decalre will null and void and for eviction. She has also applied for mesne profits for period till judgement and she is not allowed though she is widow of onwr and only legal heir
now the questions are
1. Can her brither in law refuse her entry and living there ina portion when will probate is cancleled and is subjudice
2. Can she get interim relief through sperate resienr right applciaiton under DVA in local magistrate court?
3. What are grounds that can be taken to question this will under very very high and suspicious circumstances.
It seems her husbands property has bene grabbed by his brother and bhabhi by cooking updocumetns and stories and they were only living there in a friendly way or in a kind of oermissive licence like vilager allow farm land for villagers to use for cpeestrian purposes.
4. Can she ask court tos end will for forensic tests as she strongly doubts the genuineness of will.
5. On what points the party can be confronted
The beneficiaries ere minor and young. IT was the brother in alw who was made adminstaror of will.
Raghavendra C
21 September 2016 at 16:50
Hi,
i have taken a Reliance data card in January,and they told it was 3g i will get good speed but i didn't get even get proper 2g speed. so i went to cancel my connection to reliance store. he told to clear bill till this day and put it in safe custody, i paid 1500 and he converted to safe custody mode, for three there wont be service and any bill, after that I want I can activate if network is improved. After 4 months i didn't called and told them to activate the connection again. but they activated and sent bill for 4th month without my knowledge. and saying to pay the bill. I didn't even switched on the device didn't even made use of it, they didn't even gave proper service, so i told i will not be willing to pay. they sent a Pre-Litigation Case (PLC) for not paying bill of 1800. from the beginning i was not getting proper service. please someone help me with this whether i can recover my 1500 paid amount from them or i have to pay 1800 also.
i paid 2500 for device to reliance and 1500 as bill total 4000 already i paid without any usage, please help me.
b B Raju
21 September 2016 at 16:01
Is there any specific time for fileing reply in a executive petition. In a suit the JD is not fileing any reply to pending EP and requesting time and judicial officer is going on giving dates. Any apex court citations in this regard maybe furnished.
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Proof for loan waiver
We have a partnership firm with only two partners i.e me and my brothers wife.
The firm has taken an unsecured loan from my partners husband(my brother) and partners son.
This unsecured loan is shown in balance sheet of the firm also.
It was verbally agreed with my brother that he will never claim the loan he has given to firm.
Now my brother has expired and me and his wife (partners of firm) are planing to dissolve the firm.
Please suggest me a format and title of letter/agreement/mou which i can get signed by my partner(brothers wife) and her two sons (being the legal heir of fathers loan and another loan in one sons name) saying that they will never claim this loan from the firm(or forego/waive this loan) and it is settled.