ss
29 November 2009 at 01:31
A plot measuring 160sq.yrds. was allotted to my late father under the East Pakistan Displaced Persons Scheme in Delhi against Category (b) of Note 1 under para (v) in the Press Note dt.4.1.66 of Governemt of India,keeping in view of the land revenue receipt submitted by my late father indicating the property held by them in East Pakistan and certificate of bonafied displaced person from East Pakistan. The property is a leasehold property in the name of by late father. My late father had migrated from East Pakistan during Dec, 1948 at the age of 5 years. My father died during Dec, 90 living behind three legal heirs ( widow wife, two daughters) without making any will. The elder daughter has two children (minor). please advise on the following points:-
(i) can I claim three shares i.e myself, and my two minor children in the said property as in my view my children are entitled as the property acquired by late father was in lieu of the property they had in East Pakistan earned by my ancestors in East Pakistan.
(ii) can my father make a will on a property which was in lieu of the property in East Pakistan and not earned by him. As per condition laid down in the lease that the lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said land of building thereon with the previous consent in writing of the lessor i.e Govt. of India.
(iii)can other brother and sisters of my late father and their siblings have a claim in the said property or legally entitled to file partition suit.
Kumar Krishan Agarwal Advocate
29 November 2009 at 00:57
1. In a suit for partition and separate possession can we sue as a pauper and indigent way so that no court fee will pay by the plaintiffs in the partition suit.
Or
The partition suit will not file without the court fee on each share ?
2. Will I have to get permission first as a pauper suit for partition from the court of law
OR
May I Attach/file an individual pauper application for exemption of court fee with the "partition suit petition".
Anonymous
29 November 2009 at 00:02
Our building is under construction and builder has formed provisional committee to have better control over maintenance work.
This provisional committee received many complaints caused due to nuisance caused by the Bachelors and Spinster tenants in the society such as having late night parties every week with loud music, Drinking liquor in society premises and going on top of the society terrace, Girls coming and staying overnight with the boy tenants (of course bachelors and same happening with boys staying over night with girl tenants). 99% of the society members complained about it and asked to expel bachelors and Spinster tenants. So this provisional committee has passed a resolution unanimously that no flat owner is permitted to rent his/her flat to Bachelors or Spinsters. Is this valid as per Maharashtara Society Act? If not then why? What action can society take against such bachelors and spinters if the resolution passed is illegal? PLS SUGGEST!!
Anonymous
28 November 2009 at 23:44
Hello,
i have a query,i have resigned from my current employer. As per my offer letter in case of resign "A candidate has to serve for three months or has to pay three month basic salary".
Now in my case i have given them only one month time in my resignation latter and i am not in condition to serve for all three months,where the company is forcing me to serve the entire 3 months period.
Is there any way through which i can get release in month month only by paying 2 month basic salary to them.
thanks.
Reshma K
28 November 2009 at 23:04
hi, Can you help me understand the difference between Rent agreeement and lease agreement or both the same.
Scenario / Question 1: For example in Bengalure, when I take a house saying I want it for rent, I pay 10 months advance of the month rent amount and then pay monthly rent. What is this - is it lease, rent - pls clarify.
Scenario / Question 2 - Again in Bengaluru (may be other cities also) we have an arrangement where in we pay for example Rs 3 lakkhs in the begining and stay for 1, 2 or 3 years and no periodical payment and when we leave the entire amount is paid back. What is this?? Poople generally call this as lease?
Question 3 - In Secion 105 of the TP Act there is mention of Price and then of Rent. What is the difference. Can you pls explain with an example the difference between the two.
Anonymous
28 November 2009 at 22:55
Many builders are there in the real estate market who are cheating innocent public openly. Even after cheating they are running their offices very prestigeously today.
IS OUR LAW IS SO WEAK THAT EVEN AFTER FILING CASE AGAINST THEM & KNOWING EVERY THING ABOUT THEM OUR LAW CAN NOT PUNISH THEM EASILY. AS THEY KNOW WEEKNESS OF OUR LAW & ITS PROCEDURE THAT IS WHY THEIR
BOLDNESS HAVE INCREASED & THEY ARE FEARLESS.
Ananth
28 November 2009 at 22:48
Sir,
We were residing at chennai until July 2008, and moved to Mysore in July 2009 end
My father had cancer and we took him to chennai for treatment in June 2009 and he died at an old age home ( aged 84).
We ( only son and daugter )applied for Legalheir certificate for his family pension
for my sister who is unmarried and unemployed aged 42 yrs and stays with me at Mysore .
We submittd the same to VAO at chennai and told him that we are currently at Mysore and had vacated the chennai house 6 months back , he says it isnt possible to issue ,
Though I enclosed the death certificate of my father and mother , as well as the ration card copy for his perusal.
Please advise me , what i shd do now.
rgds
krishna
rajendran
28 November 2009 at 22:45
A is the elder brother. B is the younger brother. A has three valuable property. All the properties bledged with bank .Son of is C. Daughter of B is D. C Married D. Due to some reason D leave the matrimonial House. Being agreeived by this B threatened A and forcible obtained all the property by way gift settlement deed. Subsquently A cancell the said gift deed. Possession of the all property with A. Whether the cancellation is valid or not? any citation please
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Sce. 119(2)(b) of Income Tax Act 1961
Respected Experts,
one lady who retired RBI employee, took Early Retirement under a scheme fraimed by RBI which is as per RBIs letter not a VRS scheme in financial year 2003-2004 & therefore she was not able to take the benifit U/S - 10(10C) of Income Tax Act. & a big sum was taken by Income Tax authority from her as TDS,
Subsequently from IT Tribunal & recently from a High Court a decision was taken that such scheme is a VRS scheme as the scheme is satisfying all the condition of Sec. 10(10C)& therefore the scheme becomes eligible for deduction U/S 10(10C), which is subsiquently intimated by RBI to all the previous employees who took retirement under such scheme at that period,
Now as the demand for refund was not claimed at the time of submission of IT Return & also the time for Revised IT Return has also gone, so ITO has refered the case to CIT & an application subsequently demanded by & also submitted to CIT U/S - 119(2)(b)of Income Tax Act. 1961,
Now CIT is keeping the case pending & advising us to wait,
Now my question is -
1. Is there any time limit within which period such case is to be complete by Income Tax Authority?
2. Can CIT deny to give the benifit of Sec.10(10C)?
3. If CIT denies to give such benifit then what steps can we take?
Pls. answer the questions
Thanks
Debashis