vijay dhiman
01 May 2010 at 16:40
Sir,
WHT IS THE TDS RATE ON COMMISSION AND WHT IS THE EXEMPTION AMOUNT IN FINANCIAL YEAR 01/04/2009 TO 31/03/2010
Rathnakar P V
01 May 2010 at 16:17
Dear Experts of the forum,
I am resident of Hyderabad,staying in an apartment ( President of the Association !). Today Mandal Revenue Officer has served a notice, asking us (The residents as a unit )to pay NALA tax arrears; due up to 2005.
As far as my knowledge, this been abolished ! Am i correct ?
[{The vendors purchased this land in the year 1940 and constructed a house in the year (around) 1952, and gave the old house for development in the year 1999.}]
Further,in the complex 20 families are staying and holding an undivided share of 68 sq yds each.In our registration document there is a clause that Vendors are responsible for all the taxes due till the date of Registration ( Our flat is Registered in the year 2002 ). And as per NALA act area below 100 sq mts are exempt from the tax.
In the above context, i request the experts of the forum who are familiar with AP revenue Acts to guide me,in regards to :
1) The NALA tax is still in force, if yes,
2) As a individual holding less than 100 sq mts, is liable to pay tax ? If, Yes,
3) Who should pay the tax? The vendors or the purchasers( Purchased in the year 2002 ).
With regards,
Thanking you All in advance expecting a QUICK reply PLEASE.
Anonymous
01 May 2010 at 16:08
My father met with an accident and was in coma for 3yrs,in dec,2008 he passed away with no will. We were always a nuclear family (2 daughters) & got no support from my dad's family. my mother had applied for a successon certificate but the court also wants my grandmother to testify, but she would put an objection. she is financialy independant and owns a house in U.P.
Please advise if there is a way to contest the court's decision regarding my grandmother's NOC.
This was my question before to which the experts answered that "Yes, my grandmother is entitled to a share"
Thankyou for your precious advice.
My grandmother has always been independant.As she used to live in UP and we usd to live in delhi. She has got an independant house on her name as well as a lot of cash in the form of FDR's. My Uncle(her eldest son)is an engineer and also both my cousins are employed as engineers in reptued companies.The succesion certificate was applied by my mother to acess the money in my father's saving and current a/cs.
My question now is that:
1) Can we contest our Grandmother's share in court?
If yes, then how and if no, then please tell a way through wich we can minimise her share?
2) Can we claim for maintence? As my father was the only earning member and all the money my mother had went into his treatment.I am married and my younger sister is hearing impaired and is totally dependent on my mother. This is the only money we are left with for which we have been fighting for the past 8 yrs.
3)Can we also claim a share in her property and all the cash she has in the form of FDR's under her name in the bank? As she does'nt want us to have anything and wants to give everything she has to my tauji.
4)As I am married can my husband also claim a share in my fathr's assets?And will it be a seperate share from my mother's and mine?
5)We (both daughters) have signed the NOC, now if my Granny objects and inists on her share, what will the proportion in which the money will be divided?(will she get one-fourth or half?)
I desperatly need an experts opinion and please answer to the qustions in order as I find it quite difficult to understand.
Hoping to get a positive answer.
Madhav Madhur
01 May 2010 at 15:43
Last month my younger brother died in an accident. Some facts are here about him:
1. he was 29 years old, borned in 24feb'1981.
2. he was married last year in 15feb'2009
3. was currently working in an MNC, Gurgaon.
4. was away from his family since last 13 years for his study, career and job.
5. his wife is also working in an MNC, Noida before her marriage.
6. he has no kid.
7. his wife is not staying with us, after his death.
8. he left his parents, elder brother(married) and elder sister(married) behind him.
9. his father(65 yrs old) has no business since last 12 years after some family disputes, has only some rental income. And mother(58 yrs old) is house wife.
10. his elder brother(myself) is married, 31 yrs old, having a kid and working in a medium IT firm Noida.
11. he purchased a car and a laptop before his marriage.
12. has taken insurance policy of TATA-AIG, mother is nominee.
I have mentioned all things regarding him, so that may get better suggestions by you all.
now after his death, his parents-in-law is claiming for everything regarding him, like his car, all claim amount and gold.
Just want to know, what's the legal rights of his family and his wife in our case?
Regards
-Ankur
vinod bansal
01 May 2010 at 15:24
R/Members
I am representing the accused in a complaint us 138 NI Act,in cross examination counsel for the complainant admits that he sent legal notice to accused only on the oral instrustions of the complainant,what is legal value of such legal notice which was issued only on oral instructions without getting any power of attorney signed by complainant.Kindly enlighten me regarding this given situation.Thanx
Krishnamurthy Ramdas Iyer
01 May 2010 at 15:14
accused convicted and stay for 1month obtd.>>whether Revision petition or Appeal to be filed against order in Sessions Court?which is beter or more suitable>>
furnish formats of the two with ur opinion>>grounds will be stiff punishment of MM court and party to settle >>any thing else
regards...krishnamurthyiyer@yahoo.com
Anonymous
01 May 2010 at 15:06
Dear Sir,
I am 37 years old housewife. My husband and my in-laws are not allowing me to stay with them and planning to do my husband's second marriage secretely (without publishing the wedding invitation cards), in that case what are the legal remedies available to me for this?
Pls reply.
Sam D'costa
01 May 2010 at 13:34
"AND WHEREAS the Mr X are claiming the said property in their absolute physical and uninterrupted use, occupation and possession and as such they have acquired the title in respect thereof by prescription and the Owners of the said property are as per the Property Register Card shown to be one Mr Y & Others ?
What does title by prescription means. We are just occupier and our name is not even on 7/12 under kabjedar. So now this is the MOU between Mr x and Builder where he is claiming that he wil bring our name on record and for the same mr x wil sign special power of attorney in favour of builder. Please reply sir.
Anonymous
01 May 2010 at 13:26
Dear Experts, Section 125 Cr.P.C has clearly stated the following:
"(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to, live with her, husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order."
Now my question is the above sections just described about wife stand on maintenance claim , but what about minor children where their Father is ready to take them but wife refuses their custody to Father in such a scenario why Law is not clear that since Father is ready for their welfare why should wife take a share of Children's money and fulfill her own desires, no accountability of amount given as children share. what is the Experts comment on this critical yet debatable issue?
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VENDOR_VENDEE
Title: VENDOR-VENDEE
The documents contents are as retyped and attached.
The under mentioned contents are pertaining to the question posted in the column “Vendor-Vendee”
AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY
This Deed of Agreement of Sale cum General Power Attorney is made and executed on this the day 2006, by and
1. Sri.MANGAL1 PENTAIAH son of Late M.POCHAIAH aged about 49 years, Occupation: Barber,
2. Sri.MANGAL1 RAVI S/o. Late M.POCHAIAH, aged about 47 years, Occupation: Barber,
3. Sri.MANGAL1 SRINIVAS son of Late M.POCHAIAH, Occupation: Barber, about 40 years,
4. Sri-MANGAL1 Mysaiah S/o. Late MANGALI Agaiah alias Uppala Agaiah aged 70 years occupation: Barber
5. Sri.MANGAL1 Shyamsunder son of M.MYSAIAH, aged about 48 years Occupation: barber,
all are residing at Village, Kukatpably Balanagar,Mandal, Ranga Reddy District. (Hereinafter to the "VENDORS" shall-mean and include ail their of the Party of the First Part
IN FAVOUR OF
Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, which mean (Hereinafter referred to as the "VENDEE" expression shall and include all his successors and assignees etc, of the Party of the Second Part).
WHEREAS by the said Late Mangali Agaiah alias Uppala Agaiah S/o Late Mangali Lingaiah was the owner and possessor of Land bearing Survey No.905 admeasuring 02 Acres and 01 guntas Situated at KUKATPALLY VILLAGE and Municipality, Mandal, Ranga Reddy District, and more fully described in the schedule and herein after referred to as "SCHEDULE PROPERTY".
AND Whereas the said Mangali Agaish alias Uppala Agaiah was died intestate at Hyderabad on 20th November 1974 leaving Vendors herein as legal heirs.
WHEREAS on the death of Mangali Agaiah alias Uppala Agaiah the property has devolved on and has been inherited by the said vendors, the Legal heirs afore mentioned and whereas the vendors are now become owners of the schedule property.
NOW the vendors have due to personal and family needs have offered and agreed to sell the Part of Agricultural Land bearing Survey No. 905 admeasuring Acre 1-0 Guntas (Out of Acres 02-01 Guntas) and Situated at KUKATPALLY and Municipality, Balanagar Mandal, Ranga Reddy District, to the vendee for a total sale consideration of Rs.40,00,000/-(Rupees Forty Lakhs Only') and the vendee has agreed to purchase the same free of all encumbrances, charges and lines the property in the schedule hereto.
WHEREAS the vendors agreed give a General Power of Attorney in favour of the Vendee in respect of the schedule property.
NOW THIS DEED OF AGREEMENT SALE CUM WITNESSETH AS FOLLOWS
That In pursuance of above offer acceptance the Vendors have received a sum of (Rupees Forty Lakhs Only) further Sale consideration, and the Vendors hereby ACKNOWLEDGE the receipt of the said sum and convey, sell, and said to vendee sale together with all the rights, title and appurtenances in or upon the said HAVE AND TO HOLD the same absolutely use of the forever.
The vendee shall bear all expenses of sale such as stamp, duty, registration fees etc. in respect of the Sale Deed.
The Vendors assures there the vendee that there is no encumbrances, charges, mortgages or subsisting agreement of sale in respect of the said property in favour of any person.
That the vendors are unable to execute the sale transaction and got them registered personally due to domestic preoccupations.
The vendee agreed to act in the name on the name and on behalf of the vendors as agent of the vendors.
The vendors hereby authorise the said vendee to do the following acts in the name on behalf of the vendors namely:
To enter into sub-contract for the sale of the said property either whole or in parts for any consideration which he deem reasonable in his absolute discretion and receive earnest money and issue the receipt to the same.
To sell the said property either to the Sub-agreement Holders or his nominees.
To execute the sale deed or sale deeds in favour the sub-purchaser or purchasers, receive the consideration money present to present the sale deeds or deeds executed by in favour of the sub-purchaser or purchasers before the concerned Office, admit execution and receipt of consideration and procure registration of the said deeds.
To complete the sale of the said property and handover possession of the said property to the sub-purchaser/purchasers.
To appear and act in all courts, civil, criminal, revenue whether original or appellate in the Registration and other offices of the State and Central Govt. and of local bodies in relation to said property.
To apply and obtain sanction of the plan or permission for construction and over the said land/ property from the appropriate authority or authorities as and when required.
To sign and verify plaints, written statements, petitions of claims and objections of all kinds and file them in such and offices and to appoint Advocates and other legal practitioners to file and receive back documents to deposit and with draw moneys and grant receipts in relation to the said property.
Generally to act as the Attorney or Agent of the vendors in relation to the said property in relation to the said property as fully and effectively in all respects as the vendors themselves would do if personally present.
The vendors for themselves their heirs, executors, successors, legal representative, administrator and assignee does hereby ratify and confirm all acts, deeds and things lawfully by the said Attorney namely the vendee in pursuance of these presents.
THAT the land affected by the document is not the assigned land as defined in Section 2 (1) Act 9 of 1977.
In witness whereof the vendors and the vendee have signed on this the Deed of Agreement of Sale cum GPA with their own free will and consent on this the day, month and year first above mentioned.
WITNESSES VENDORS
SALE DEED
This deed of Sale is made and executed on this the 28th day of January 2006, at Hyderabad by:
1. Sri.MANGAL1 PENTAIAH son of Late M.POCHAIAH aged about 49 years, Occupation: Barber,
2. Sri.MANGAL1 RAVI S/o. Late M.POCHAIAH, aged about 47 years, Occupation: Barber,
3. Sri.MANGAL1 SRINIVAS son of Late M.POCHAIAH, Occupation: Barber, about 40 years,
4. Sri-MANGAL1 Mysaiah S/o. Late MANGALI Agaiah alias Uppala Agaiah aged 70 years occupation: Barber
5. Sri.MANGAL1 Shyamsunder son of M.MYSAIAH, aged about 48 years Occupation: barber,
All are residing at Village, Kukatpably Balanagar,Mandal, Ranga Reddy District, represented by through their Agreement of Sale Cum GPA Holder
Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, Hyderguda, Hyderabad, vide registered Agreement of sale cum GPA document No 1010 of 2006 of Book-1, Dated 05—1-2006, registered at R.O. Ranga Reddy District(Hereinafter referred to as the "VENDORS" of the Party of the First Part expression shall and include all his successors and assignees etc,).
IN FAVOR OF
1. Sri.HETTUPALL1 RAMCHANDRA REDDY S/o. Sri. M. SUBBA Reddy aged about 46 years, Occupation: Business,
2. Sri. METTUPALLI ANURADHA wife of Mettupalli Ramachandra Reddy aged about 42 years, Occupation House wife,
3. Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, Hyderguda, Hyderabad,
4. Sri P.Sudheer Reddy son of Sri.P.V. Subba Reddy aged about 26 years, Ocupation Business, reasiding at Flat No.G-1, Reliance Krishna Apartments, Hill Fort Road, Adarshnagar, Hyderabad.
(Hereinafter referred to as the "VENDEES" of the Party of the Second Part expression shall and include all his successors and assignees etc,).
WHEREAS by the said Late Mangali Agaiah alias Uppala Agaiah S/o Late Mangali Lingaiah was the owner and possessor of Land bearing Survey No.905 admeasuring 02 Acres and 01 guntas Situated at KUKATPALLY VILLAGE and Municipality, Mandal, Ranga Reddy District, and more fully described in the schedule and herein after referred to as "SCHEDULE PROPERTY".
AND Whereas the said Mangali Agaish alias Uppala Agaiah was died intestate at Hyderabad on 20th November 1974 leaving Vendors herein as legal heirs.
WHEREAS on the death of Mangali Agaiah alias Uppala Agaiah the property has devolved on and has been inherited by the said vendors, the Legal heirs afore mentioned and whereas the vendors are now become owners of the schedule property.
NOW whereas the vendors as Agreement of Sale cum GPA Holders has offered to sell the part of Agricultural Land bearing Survey No. 905 admeasuring Acre 1-0 Guntas (Out of Acres 02-01 Guntas) and Situated at KUKATPALLY and Municipality, Balanagar Mandal, Ranga Reddy District, to the vendees for a total sale consideration of Rs.40,00,000/-(Rupees Forty Lakhs Only') which the vendee has accepted for said sale consideration.
NOW THIS DEED OF SALE WITHNESSES AS FOLLOWS:
That In pursuance of above offer acceptance the Vendors as AGPA Holder has received sum of Rs. 40,00,000/- (Rupees Forty Lakhs Only) towards further Sale consideration, and the Vendors as AGPA Holders hereby acknowledge the receipt of the said sum and convey, sell, transfer and assign said land to vendees by an absolute sale together with all the rights, title interests and appurtenances in or upon the said land to HAVE AND TO HOLD the same absolutely use of the vendees for ever.
That the vendors and AGPA Holders hereby declares that the said land is free from all charges, mortgages, claims, Prior Sales etc., and also is ,free loans and taxes etc. and nothing 1s due, If any arrears are found to be payable upto the deed of this deed of execution same shall be born by the vendors only.
The vendors as AGPA Holders had delivered the vacant and peaceful Possession of the said land to the vendee by demarcating the boundaries.
That the vendors as AGPA Holder hereby agree to keep indemnified all such losses, damages and expenses that the vendees may put to by reasons of any defect found in the title to the and hereby conveyed.
That the Vendors as AGPA Holders is handing over all the link documents, papers relating to the schedule property to the vendees for their record purpose.
The vendors as AGPA Holder herein shall take due steps and sign all applications, declarations, affidavits etc., required for duly mutating the name of the Vendees before the Revenue or with such other bodies as may be required by the Vendees from time to time.
THAT the vendees shall hold and enjoy the schedule of property as an absolute owner as they likes without any let or hindrance either from the vendors or any other person or persons whomsoever.
THAT the land affected by the document is not the assigned land as defined in Section 2 (1) Act 9 of 1977, and there is no house or houses structure is existing on the said land.
Whereas the vendors as AGPA Holder has already paid stamp duty of Rs.2,80,050/- through Agreement of Sale cum GPA vide registered document No.1010 of 2006, dated 5-1-2006, registered at S.R.O. Kukatpally, which amount is adjustable as clarification of I.G. & RS and CCRA in para II(5)(i) of is Procgs.No.MV1/18289/95, dated 1-7-1995.
SCHEDULE OF PROPERTY
All THAT Part of Agricu1tural Land bearing Survey No.905 admeasuring Acre l-0 Guntas(Out of 02 Acres and 01 Guntas)Situated at KUKATPALLY VILLGBE Balanagar Mandal, Ranga Reddy District, and bounded follows:
In witness whereof the Vendors as AGPA Holder has signed on this Deed of Sale with free will and consent on this day, month and year first above mentioned.
I would like to know
1.Whether the document is legally valid?
2.Can the AGPA holder transfer the property in to his name along with others as a Vendor as well as Vendee?
3.Are there any mistakes in this documents, or it is rightly executed?
4.Will any purchaser of this property from the present owners (parties in the Sale deed including the AGPA Holder) needs to look into, like mutation, or entries in ROR, or Patta pass books etc?