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Member (Account Deleted)   30 April 2017 at 18:22

Cheque issued by Directors from partnership firm

Sir need your help we are many people stuck in legal battle with a fraudulent person who was well versed in law and is we are all fighting legal battle against him but loosing.

Mr Amit sarup ans Mr pradeep sachdeva posed as partners of a company M/s Pritika fashions and gave me a franchise for my store in indirapuram, i was to be paid 35% commission in sales and had the right to take out my profit from the store. It was clearly mentioned that brand PRITIKA is registered brand of this company and only this company has rights to open any new store of PRITIKA.
Soon after they approached me for a store in Rajori garden of Pritika, and took 26 lacs from me and wrote on the cheque that "taking this money for store of Pritika", the money was taken this time in account of new company with same name as PRITIKA FASHIONS pvt ltd(in which they r Directors), and we were told that they have converted pritika fashions a partnership firm into pvt ltd company.
After taking money he started asking for more money, And also showed an article in popular business magazine which had ad of PRITIKA FASHIONS pvt ltd using logo of PRITIKA FASHIONS and also his interview with same logo(thus making both appear as the same company).
Under pressure i gave 4 lacs more, and then he provided an MOU with PRITIKA FASHIONS pvt ltd for a store in kamla nagar instead of Rajori garden. Money was taken as REFUNDABLE SECURITY DEPOSIT and was taken in the name of company(Directors signing so treated as agents of company).
Anyways cut the long story short, didn't give any returns and than closed the store and meanwhile transferred all property in wife's name.
I filed FIR and on the basis of FIR it was found REFUNDABLE SECURITY DEPOSIT has gone into another partnership firm of his and his wife, and into his personal account, also he has also transferred all properties in the name of his wife.
I also filed a civil fraud on him and his wife and partner(after he had transferred all in his wife's name around 3cr worth properties).
Now he is saying wife had nothing to do with the case and was only a vendor.
Problem is he has kept nothing in his name.
I also have a mail forwarded by him to me from that company, which is a mail sent to both him and his wife, the mail was of sales record of my first outlet. (I.e internal mail of sales record showing showroom was run by both of them).
If he looses case and claims bankruptcy, can i challenge the transfer of property after agreement but before case filed, in the name of his wife by him, who is also a beneficiary of REFUNDABLE SECURITY DEPOSIT transfer, and was also running store 1. Company has long been shut and no scope of recovery from company.

sridhar   30 April 2017 at 18:15

Legal heirs debts

Are legal heirs bound to settle debts of deseased

DrishyamDrishti   30 April 2017 at 17:58

Noc without prior approval

I am in govt service and had applied for another govt service without intimating about it in my current office. I got selected for my coveted job and has been called for interview with NOC letter. What best can be done now ? I want to show my years of experience ahead. I may be rejected an NOC or a technical resignation.

Phiroze   30 April 2017 at 17:18

Occupying pagdi system house without name on rent receipt

Hello,

I have a query regarding my house. Any guidance from you is highly appreciated.

We live in Mumbai in a *pagdi* system building. We have a house. This house was bought by my grandfather from the past tenants. But due to lack of knowledge in those days, no proper documentation and transfer was done. Hence, the property was bought in cash and they (my grandfather) occupied the house since then.

And now the house is occupied by my family (myself n my father after the death of my grandfather) since the last 40 years. Now due to expanding family, we are in need of selling this house and moving to suburbs. However, we are unsure about our legal position in this case and the way in which to approach it. i.e. How do we approach the landlord and what are my legal rights and what are his. What amount can he demand from us to transfer the property.

To provide a better understanding, here are the documents that are in our name (my father's name) :

1.Electricity bill
2.Passport
3.Aadhar
4.Gas bill

And the following are in the name of the earlier tenant:

1. Rent receipt chalan (which we still pay monthly by cash)

Can the esteemed lawyers please give a rough guidance as to what position we are in. Anyone who has faced/facing the same issue, if you can pitch in, that would be highly helpful.

Also would like to know that if we continue living in the said house by keeping possession intact would be better or what would be our situation if the building goes for redevelopment.

Waiting for your guidance,

Warmly,
Phiroze Lakhani

Mohammed Rizwan Shaikh   30 April 2017 at 17:17

Execution of a will

Sir,
A Muslim client of An advocate who is also the executor of the Will. Before the death of his few days before he handed over the copy of the said Will to the Clients son. The son lodged false complaint with the police that the will is forged and bogus however the original will is in the advocates custody and not yet lodged for probate.

Can any advocate handover the copy of the will to his before the death of the testator? will this act go against the Advocate if the son says that the will is forged? what will be the courts view?

Regards,

Mohammed Shaikh

Anonymous   30 April 2017 at 16:38

Intra family adoption procedure

Dear experts,
I am from Indore (MP).In 2014,My elder brother died due to heart attack in the age of 30 Years.At that time,My sister in law was pregnant & later she had a baby boy.Since she was very young and hence we get her remarried.
The child is with me and I am taking care of him.
Now I want to adopt him legally so that in school & other record,My name can be written as father name & my wife's name can be written as mother name.
Could someone pls let me know this intra family adoption procedure?
Thanks in advance.

Manjul   30 April 2017 at 15:21

Liabilities of directors

We have registered a pvt Ltd company and selected for Incubation at a IIT. We took loan of Rs 5,00,000. But we couldn't make our business a successful one. So we want to quit from business. Our paid up capital is 1, 00,000. The company is consist of five directors each of having shares of Rs 20,000. Our company is recognized as a start-up by DIPP, GOI. How much money have to be paid by each director if we close our business ? Will we get any subsidy under Startup India initiative?

During loan agreement one of my relative put signature as a guarantor. Will he face any legal compliance?

Kindly suggest.

Rohit   30 April 2017 at 14:22

Local ito not processing my tax retification and refund

Respected Godfather of Law,

First of all I would like to express my gratitude from the bottom of my heart to guide us and provide us your valuable suggestion. Hands off to all of you for your valuable time and suggestion.

I'm facing one another problem related to my income tax rectification. I observed in my form 16 for the assessment year 2016-17 that the HRA has not been considered by my company and excess tax has been filed mistakenly. I have requested the rectification for the same on 10-03-2017 and file has been forwarded to my local jurisdiction Bihar Sharif, Bihar. I contacted them and Since I'm working in Coimbatore I asked my brother to get the details and status but the problem is the ITO officer is not responding properly and they are always asking him to come on another day. After that I filed RTI on 06.04.017 to Chief Commissioner of Income Tax (CCA) , Patna to know the status of my tax rectification.

Now I need suggestion that as per RTI Act 2005 will I get any help from RTI on this and how many days RTI could take to provide me the information. Also how I can proceed further here in this case. Will I be able to get the excess tax paid or not?

Please let me know for any further details.

Once again Thanks for your time and have a good day!

Excellent job!

Regards,
Rohit Kumar.

NEHA SINGH   30 April 2017 at 13:20

Property

Dear Sir / Ma'am
I m Neha Singh , around 2 Years back I purchased a house in Rohini , from a party Rajini and Ranjni purchased house from party named M.P Visistha . Rajni purchased house in Nov 2013 sold us on May 2015 . Rajini file is Notarized and my file is registered . Now Mrs MP Visistha claim that she is heir of the property as Mr MP is died .
In this case Rajini Notarized file is valid or not and also my registered file is valid or not ?

Jidnyesh Behere   30 April 2017 at 13:07

Transferred property take return

Hi team,
My grandmother had given some additional agri.land to my uncle apart from his part of land on basis that he will take care of her till her death. And made registration deed to transferred agri. Land to uncle account.
But now 8 came to know that the transferred of agri land is done by other way to keep blind for this transaction to her and get it done.

Now due to uncle refuse to take care of her and send back.
Now is it possible, if then how.
Please guide us for the same.

Regards,
Jidnyesh