parvez
14 March 2016 at 19:06
Sir can we file civil suite and criminal case against builder on the same time.
James Robert
14 March 2016 at 14:21
What to do after legal notice sent to vacate house in 30 days and receiver not vacated house in that period
ajitkumar
14 March 2016 at 09:38
I went to court to get certified copies of final decree of 1979 but court gave me in written that final decree is lost by court.. Now I just have compromise deed which is available in records of court but final decree is lost by court. Plz guide me how can I get that one...
Anonymous
14 March 2016 at 02:07
Dear ,
I have a plot which I had purchased in2011. In 2012 I had given plot on development to developer. For this he had taken irrevocable power of attorney . And after that he notri the development agreement. ( power attorney registered and development agreement notrirised ). In the agreement he had stated that he will complete the project with in 24 month. Now the problem is as follow.
1) for construction he has not obtained the necessary permission from planning a athority. (Mmrda). Biz of this no bank is giving loan on the project.
2) since my plot was agricultural. He has not obtained n.a oder from collector.bcz of this also no bank is giving loan to the project.
3) till now it's almost 40 month is over only he completed 35 percent work( time given for completion of work is 24 month)
.
4)after all this using his muscle power he doing the sale of the flat. He is selling the flat by doing registry in register office. With fake n.a oder copy ( i have the document)
Now sir I am tired of this kind of development I want to cancel this power attorney and development agreement to be canceled. I want my plot back.
Please help me . Weather I should aproach civil court or consumer court.
Sultan
14 March 2016 at 02:03
1. Selling tenanted property in mother's name in Mumbai.
2. From sale Buying ownership property in son' s name within 3 months of sale.
3. Option of buying in joint ownership between mother and son ruled out.
4. Tenanted property is more than 40 years old.
5. Want to create absolute right in son's favour.
6. Other option possible, the tenanted premises can be transferred to son's name before
selling to third party without paying considerations to landlord.And thereafter proceed with
Son's name for entire transactions,but short term gain arise.
7. Want possible option in this scenario, kindly help.
8. Although various views are possible, want to avoid tax litigation. According to the Delhi High Court, the predominant judicial view was that, for the purposes of section 54F, the new residential house need not be purchased by the assessee in his own name nor was it necessary that it should be purchased exclusively in his name. It noted that in the case before it, the property was not purchased in the name of a stranger, somebody unconnected with the assessee, but in the name of his wife, and that there was no dispute that the entire investment had come out of sale proceeds and that there was no contribution from the assessee's wife.
Having regard to the rule of purposive construction and the object of section 54F, the Delhi High Court held that the assessee was entitled to the benefit of exemption u/s. 54F.(CIT vs. Kamal Wahal 351 ITR 4.)
9. While noting the decision of the Bombay High Court in the case of Prakash (supra), the tribunal took the view that where a statutory provision was capable of more than one view, the view favouring the taxpayer should be preferred.
10.The Andhra Pradesh High Court, in Mir Gulam Ali’s case reiterated the acknowledged position in law, while deciding in favour of the assessee’s claim for exemption, that the exemption provisions should be liberally construed. None of the sections, under scanner, expressly require purchase or construction in the name of the assessee himself and a concerted effort is required by the courts to read that requirement in the law so as to deny the benefit of exemption to the assessee.
11. Further whenever certain assets are sold and particularly when such assets have been received by way of gift or through Will or by succession or by inheritance, then the cost of acquisition of the asset will be deemed to be the cost for which the previous owner of the property acquired it as increased by the Cost Inflation Index of that year in which the previous owner originally acquired the property ( prior to 1981 hence FMV).Further, the law provides that if any capital asset was acquired by way of gift, at this point there is no liability to pay capital gains tax for the recipient and it would be deferred to the point of sale of asset. Whether there will be little difference between between sale proceeds and a indexed cost of acquisitions in hands of son. Than that option is feasible.In process of searching valuer for tenanted property to ascertain FMV of 1981.
12. Another way may be that the mother may purchase the new propety in her name and get exemption from capital gains and then gift the same to her son. In that case there will be no gift tax implications and if son transfer the new property later capital gains will accrue to him in which case cost of acquisition for her mother will be taken as son's cost of acquisition. Period of holding shall also be reckoned from the point of view of mother, i.e. period of holding will be reckoned from the date of purchase by mother till the date of transfer by son. Kindly provide your input on above interpretation. Will the LTCG tax minimal in such scenario.
Thank for reading and your valuable input.
Ambrish
14 March 2016 at 00:33
Dear Sir,
My father had purchased a agriculture land (6 Acers ) 14 years back in solapur, now he want to tranfer 3 acers of that land to my name.
I have three sisters and my father want the rest of the 3 acres land to be kept on his name.
Also we want that there should be separate 7/12 of my name of that 3 acres.
Sir,kindly advise how can we do this.
Do we need to pay stamp duty to get separate 7/12 of my name.
Ambrish
7715849229
rv
14 March 2016 at 00:07
A WILL filed by the defendants with WS in a partition suit was mistakenly denied by plaintiff 1 but not by plaintiff 2 who was transposed later. On carefully reading the WILL written in Hindi, it was found that this WILL actually admits creation of HUF. Question 1. Can the Plaintiffs make use of this WILL to prove that the HUF existed ?
Question 2. Can the Plaintiff 1 apply to court to change the denial and admit the document now ? The suit is at the stage of cross examination of Defendants.
Question 3. Why Plaintiff 2 who was initially a defendant was not required to admit or deny documents ? Is she bound by the denial by P1, the original Plaintiff ?
rajan chopra
13 March 2016 at 22:17
Sir I with my family is residing in a rented flat in a building for the last 13 years paying the monthly rent in cash and there is no rent agreement and now suddenly the land lord is asking us to vacate the flat as he wants to run hotel in his building.Now is there any relief in Law for us to keep on enjoying the peaceful possession or we have no choice but to vacate the flat immediately in response to the decision of the land lord ?
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Suspicious will
Dear Sir,
Our uncle showed the registered WILL of our grand mother dated year 1990 and after death of grand mother he got the property mutated in his name in year 2005 and after that he sold the same property to his wife and his wife again T/F the property in 2012 to his daughter .
We suspect that our uncle got the WILL registered illegally buy taking any other lady to registrar office disposing his mother and got the WILL registered in yr 1990 , during that time she was not maintaining good health ( as we know , but no documentary proof ) .Uncle also taken one off his friend along for registration as a witness to the WILL ( he is still alive ) .
Uncle also says that every one is aware that WILL has been made in my name ,now you people have gone greedy to claim the property .
Now How to claim that the WILL has been made by fraud , sign on WILL is also in hindi and only uncle is beneficiary.
Request you to please suggest and help me.
Regards
Priyanka