Hindu Succession Act

Dear Sir,
My Maternal Grandfather and Grandmother died in 2001 and 2008. They have 3 children - 2 brothers and 1 sister (My mother). They have ancestral property (agricilture land) by grandfather's name.Now 2 brothers have sold the proprty without giving anything to my mother.
My querries are:
- is my mother is eligible for 1/3rd portion?
- Is it necessary to have name on 7/12 for a claim.we dont have copy of 7/12 and dont know whether her name is there on it ?
- If the land is sold out,what is the way we can claim and in how many days?
Thanks

Negotiable Instrument Act Sec138 Dishonour of Cheque

Dear Sir/Madam,

We run hospital in pune one patient had issued cheques towards his outstanding bills.
The said cheques is dishonour & sent notice to patient & give sufficient time to deposit money in account.

However the cheque re deposited in our bank account.& the cheque dishonour again

I am going to suit file against patient u/s 138 of cheque dishonour


Is it possibility to recover the amount?

If yes How much time will take for recovery?

Regards,Choudhari

Sucession Certificate

Whether, one of the legal heir can cliam sucession certificate on behalf of all other sucessor ? In case he required to get transfered the share certified registered in the name of deceased....

Queries: Income from Salary

Dear All

Please help me with the following queries:

1. Whether cash gift given to employees by the employer are fully taxable in the hands of employees in all cases?

2. Whether reimbursement of Coaching fees given by the employer is fully taxable in the hands of employees in all cases?

3. Is special allowance given as a part of salary fully taxable?

Please quote reference of relevant sections of the Income Tax Act.

Thanks alot!

production of fake ST Certificate at the time of recruitment

After verification of Caste certificate the concerned District Authority held that the ST certificate produced by Mr XXX at the time of appointment is fake and not issued by the Dist Authority. But he is infact belongs to ST category and issued a fresh certificate. The Departmnent after conducting proper enquiry removed Mr XXX from service on the allegation of 'production of fake certificate at the time of appointment'.
Now Mr xxx has submitted a appeal petition to his higher authority for his reinstatement.
Whether he is fit for reinstatement or otherwise ?

Appropriation Of Funds

Dear Sirs
A,B,C &D (4) persons guaranteed a CC limit against hypothication for 9.90 lacs in 1989.
D withdrew immediately within 10 months of signing the guarantee from company.

Bank then enhanced the limt to 18 lacs in 1992 with guarantee from A,B,C of the old and a new guarantor E. Admittedly D did not sign this .

Company went NPA shortly and Bank took hypothicated goods worth 12 lacs in possetion & filed suit against all GuarantorsA,B,C,D &E (5) guarantors for Rs 22 lacs with interest.Defendents included D ,the one who signed for 9 lacs.

Court held that D is responsible upto 9.90 lacs only.
12 lacs value of goods in possession of bank be appropriated for all the defenders and decree for 10 lacs (the balance) was passed against all (5)A,B,C,D & E saying that Balance after Set off is equal to the sum guranteed by D also

Sir, My question is whether any case law or Citation can support my thinking that while appropriating 12 Lacs,court should have satisfied the first limit of 9.90 lacs & then the balance against Enhanced limit. and D should have been deemed to have satisfied his Guarantee of 9.90 lacs.

Pl. provide some Case Laws /Citations & suggest How D should proceed as he can not go in appeal to DRAT for his inabilty to make a deposit.

Thanks & best Regards
Suresh

Sec 2(22)(e)

Can a loan with 12% rate of interest given to the son of shareholder be treated as Deemed dividend under sec 2(22)(e)?

Share Application Money

Can a Pvt. Ltd. Company accept and refund back share application money from a person who is neither a member , director nor a relative of a director?

Clarification on Section 13 of I.T.Act, 1961

A charitable trust/institution purchased Wipro computer from a private ltd company (wipro dealer), in which one of the trustee is a director and having substantial interest. The value of the computer purchased is equal to/less than the market price. The assessing officer applied section 13(1)(c)and rejected to give benefit under section 11(1). Plese clarify the section 13(1)(c) read with section 13(2)(e)

will query