LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SIVA KUMAR   30 November 2017 at 20:05

Gift deed executed

Sir, My grandfather and his two brothers had separated their joint family properties and executed partition deed in the year 1935, by then they lived independently. After 1935 my grandfather independently purchased some properties with his personal income earned by business, we have much documentary evidence for the same. All the properties which he purchased after 1935 sold independently by himself since 1944 to 1982 except three items, out of that two items without my grandfather knowledge his elder brother executed Gift Deed in favour of his daughter and son-in-law on 1986 mentioning wrongly that he has 1/3 share in said two items, another item he has not claimed the entire land in said two items enjoying and possessing by my grandfather and us only since 1938 by paying land revenue tax to Govt. under our personal Patta, still gift items our names are continuing in revenue records since 1938. The donor and his sons not mentioned said gift items in their regd. partition on 1955 where they admitted partition among my grandfather and his brothers took place in the 1935. Donor did not claimed gift lands filed before land ceiling tribunals. Donees and Donor never in possession at any time. After demise of my grandfather in 1987, the legal heir of my grandfather got (regd) partitioned including said gift items in 1989. My grandfather and my father mortgaged (regd) entire land in said gift items on 1969 to Ag. Bank. The legal heirs of deceased donees filed suit for declaration of title and right on 2005 in the trail court of A.P. against us, trial going on. Kindly suggest your valuable suggestions with latest Supreme Court judgments regards. (MODIFIED)

Pooja Porwal   30 November 2017 at 18:28

Cheque bounce after stop payment

Hello to all , i give cheque of 50k to person as security. and after clear all dues with him, i make stop payment of cheque from online net banking sbi. after 2 month when i check statement, i check that that cheque is bounce by him and bank deduct charges too. my question is -
1. how bank deduct charges if i stop payment already
2. is section 138 is same for both condition, a. cheque is active (not stop payment) and , or b. cheque payment stop and cheque is inactive. but bank bounce.

please help me.

simple thing can anyone deposit cheque that is stop payment already . and bank bounce it and he want to take legal action against me , on this bounce cheque.

Pooja Porwal   30 November 2017 at 18:23

Loan against property - npa account - bank sell property

hello i take loan of 12 lac from Shivalik Bank by Mortgage my Office in Mall area 210sq ft. Bank do valuation of property and this cost 25 lac and as per bank rule, they give 50% loan to us in jan 2016, our EMI deposit regular but unfortunately after sometime in aug 2016, Mall owner want to relocation all shops and dismental all shops and relocate new shop to us in same premises. We inform to bank but they take no action. because they need only EMI. as our business total loss so we unable to pay EMI, and from apr 2017 bank start sending notices to us. and say account is NPA. but how we pay EMI, we request them to restructure loan but they did not. after sometime in nov 2017, we got notice that they sold office to someone without our presence (as sarfaesi act) at 14.25 lacs and clear all dues of bank, then after 5 day we get call from a person and say please unlock office because they need this for them. and tell us now my queries is -
1. how they can sell without our presence, as to change registry they need thumb impression, ratina scan, and signature.
2. if bank valuate property 24 lac at time of give loan (its in dec 2015), how they can sell in least amount,
3. will person who buy property , should have original registry without change in name or what else.
4. can we pay 12 lac or 14.25 lac to person and take our office back or we again have to buy it.

Anonymous   30 November 2017 at 17:54

To lend

Dear experts,
I give money to my neighbor in his emergency situation without any agreement. After 2 days he give me written statment in normal white paper and ask me he'll give me my money with in one year.
Now one year is finish when I ask him to return my money he always tell me for wait and he is trying to arrange . What should I do ? Suggest me expects is it any legal option for this situation?

Anonymous   30 November 2017 at 17:52

Notice u/s 142(1) r.w.s 129 of income tax act 1961 read mor

Dear Experts,

Assessment for an Assessee (individual) for AY 2010-11 has been completed u/s 147 in March 2015.
Assessee has filed Appeal with CIT(A) and same is pending as on date.
However now Assessee has once again received notice from ITO u/s 142(1) r.w.s 129 in June 2017 for AY 2010-11.
Since in Appeal - Ground of Appeal contain that notice was not served properly and other things like that the ITO has issued new notice u/s 142(1) for the same matter.
Kindly help me on which ground, section and case law I can challenge the notice?
Thank you in advance.

Anonymous   30 November 2017 at 17:37

caste

Dear experts,
I'm belongs to Genral caste if I marry with ST caste girl after marriage which catagory she'll belongs? Genral/ST ?

Anonymous   30 November 2017 at 17:33

property

Dear experts,
I'm belongs to Genral caste live in punjab and looking to purchase relative's land who belongs to tribal caste live in West Bengal . Is it lagal in west Bengal ?

Anonymous   30 November 2017 at 17:27

property

Dear Experts, suppose....I would like to buy a SC/ST land in West Bengal. The seller is in very need of money. He is interested to sell the land to me only. It is not permissible legally as I belong to General. Is there any alternative for the deal. your views are highly appreciated Deepak

Sunil Kumar   30 November 2017 at 16:55

Succession certificate.

Respected Sir,
It is submitted that my friend's mother is a widow and a haryana govt. pensioner and have three sons. Out of two do not care of my friend's mother and not spent even a single penny on mother. One day my friend's has to face heart attack problem and admitted in the Haryana Govt. panel hospitals and died. An expenditure of Rs. 3 lacs has spent on medical by my friend and the mother before death submitted a an notary attested affidavit that after my death all the expenditure of medical claim will get my friend. when my friend apply reimbursement of medical claim the haryana govt. department officials have intimated to submit succession certificate. My friend has submitted an indemnity bond in which write down if any other brother claim then I will pay back all medical claim amount. After that the haryana govt. department is not ready to pass the medical bills and harrass my friend to submit succession certificate.

Please solve the query. My friend's mother has submit an affidavit that after my death all the medical claim amount will received by my friend and also my friend submitted an indemnity bond in which no body claim for medical amount then why the haryana govt. officers demanded succession certificate and harass my friend.
Is the affidavit is not valid or indemnity has no value in the eyes of haryana govt. employees.

Please advise what can I do in this matter.

Anonymous   30 November 2017 at 16:07

Huf property

My question. Property is in the name of vimal Jain huf he has 4 sons In 2010 with agreement with his coparsenors he has transferred the property to his elder son. Now after the death of his elder son he wants to file a suite stating this property got transfered without my concern. Can he file the suite or he need other coparsnors permission