Member (Account Deleted)
02 July 2015 at 15:53
Hi, I would like to know if there is anyway that I can make certain if a certain land parcel is free of legal complication Viz no claims or legal cases in the past or present in Bangalore as a third person interested to buy or develop that property other than Encumbrance Certificate. Is there a certain authority that keeps track of any past or present legal cases on land parcels that has changed multiple owners over the years? I have come to know that lot of time Encumbrance Certificate may not have the record. Thank you in advance for your response.
ravi jain
02 July 2015 at 15:51
I have booked a flat in an underconstruction property. The agreement is drafted in the following manner
First payment for unit is to be made in installments including VAT and Service
Tax.
Thereafter the builder will collect other charges just before handing over the possession of the property such as legal charges, society charges,non refundable deposits for water and electricty meters.
However the same is included in the agreement.
My query is that on what amount should I deduct TDS and under what section.i.e shall i deduct TDS purely on unit cost of property or the entire amount paid including other charges.
Pls give some reference if possible asap.
Thnk u
Y RAJYALAKSHMI
02 July 2015 at 15:51
I am a Govt employee aged 45 years married and staying with my husband (working in a private organisation) and two daughters (studying). I have an older brother, working in a private organisation (aged about 47 years - married with a son) and an younger sister (aged about 35 years) who is mentally retarded.
My father, who was a Central Govt employee, owns an independent house (valued presently about 2 crores). This house is not hereditary. He was staying in that house along with my mother(house wife) and my mentally retarded sister. He had suffered with paralysis for 12 years (completely bed ridden - he was able to talk and only left hand was working) and expired in 2007.
My father had given terrace rights (1st floor) to my brother during he was suffering from paralysis. My brother has constructed a house in 1st floor and staying there separately with his wife & son.
My mother, along with my mentally retarded sister is staying separately in that house after my father's demise. My mother is a beneficiary of family pension. We are still getting the electricity bills etc., in our father's name only. My brother is not in talking terms either with me or with my mother. My mother and my sister stay in ground floor and my brother stays in 1st floor. My mother once told me that after my father's death, my brother quarreled with her and took the house documents from her.
My brother has not taken care of my mother and my sister since then. I used to take care of them in case of any need.
My mother expired recently in June 2015 at an age of 68 in my house. She did not leave any will. My brother is not willing to take care of my mentally handicapped sister. So, I am taking care of her. My brother is talking as though he is the only legal heir of the house - like talking about giving the house on rent, locking it etc.
Now, my query is,
(i) Do I have any legal right in the house? My father had gifted me a separate plot (present value is about 50 lakhs) at the time of my marriage which is registered in my name. Whenever I talk about the house with my brother, he always says that I do not have any right in the house since my father has already given me the plot at the time of my marriage.
(ii) Do my sister get any portion? She will also get family pension after my mother.
(iii) Our close friends are saying that my brother has all the necessary papers that the house is in his name (signed by my father). Even my mother once expressed this doubt. In case this is true how do I know about it, since my brother will never talk about it and also the house documents are with him. He is already having the house key in his custody after my mother's death.
Please guide me in these matters, as we do not have any elders (like uncles, aunts etc) who can solve this problem.
anupam biswas
02 July 2015 at 15:46
Respected Sir, My name is Anupam Raphael Biswas.I had a post office MIS which was in The name of Anupam Biswas. Two years back i had done KYC in the post Office in which my name was Anupam Raphael Biswas.Now since i needed money urgently i closed the MIS. I got a cheque from the post office with the name Anupam Biswas.Now the problem is that after KYC in all the banks my name is Anupam Raphael Biswas.I requested the post master to give the cheque in the name given in KYC but he said that the cheques are issued in the name in which the account was created.Now how will i get the cheque cleared by the bank. Do i need to do an Affidavit. If so will a simple notary do the job or i have to do it by a first class majistrate. Kindly help. Thanking You, Your's Sincerely, Anupam Raphael Biswas.
anilkumar yadav
02 July 2015 at 15:24
a particular area was included into a municipal committee of Delhi in 1954 by a notification under Punjab Municipality Act 1911. Now does this area automatically becomes "urban" or further notification is necessary to declare it as URBAN. The area is included in for development in DDA master plan 2021.
what are the incidents of an area becoming rural to urban?
rob
02 July 2015 at 15:17
Patwari of my village in Sangrur, Punjab, added wrong entries in khasra girdawari register by taking bribe, without tehsildhar spot inspection method. Later tehsildhar attested it. And it comes on jamabandi. It happens around 40 yrs back. I get information from my uncle. And I complained it to revenue department, but are not hearing and saying that you apply for fresh khasra girdawari correction case. But I want action against patwari. So how can file case or send legal notice. Guide me. Is there any another way to correct khasra girdawari entry without filling case.
Anonymous
02 July 2015 at 15:13
Dear Experts.
My name in all my educational certificates is SUMIT KAPOOR but my name in Voter I'd card, ration card, Pan Card and banking accounts is SUMIT KUMAR. I am filing my ITR in the name of SUMIT KUMAR. I want to make it uniform on all documents since I want to apply for the Passport where all documents are necessary and that would create conflict in names.
PLEASE ADVISE ON VERY URGENT BASIS the procedure for the same. I WILL BE VERY THANKFUL TO YOU.
THANKS
John Victor
02 July 2015 at 15:06
My bro took a loan of 3.2 and payed for a year(rs 108000) but due to a health issue he is not working now. therefore EMI couldnt be paid. its been 8 months now. we met the collections dept to discuss after a long talk they reduced the interest and asked us to pay the principal amount. which is around 2.25lakhs upto 10 installments.they said that we need to decide before 30th of last month that is June. we said we could only 1 lakh and they didnt agree. Yesterday it happened that our family friend who said will help in that 10 installments. we went back to the guy we spoke to but he is not agreeing. He cut the phone saying lets talk in the court. what should we do now. wait untill they come back or will be too late before they take it to the court. Pls advise!
sunil
02 July 2015 at 14:22
Case u/s 144(2) filed in disguise
A case u/s 144(2) been filed by a relative “Mr K” in disguise (taking cover of a non-entity for the subject premises) against “Mr A” to cover his misdeeds and to facilitate trespassing into “Mr A” premises by another party “Mr G”.
As their mission of encroachment accomplished with the help of local goons & bad hats; “Mr K” never persuaded (2years+) his case u/s 144(2) and stop sending his lawyer to pray for another date.
“Mr K” motive is to get the 144(2) case dropped automatically. But “Mr A” the OP in this case always kept track of the development and submitted “hazira” to keep the case alive.
BTW: In the same court there is another case u/s 144(2) filed by “Mr A” against “Mr K”, “Mr G” & others.
Also a case u/s 144(2) filed by “Mr G” against ?Mr A” to take cover for this trespassing into “Mr A” premises.
Pronouncement of False Case u/s 144(2) may help “Mr A” in other pending cases u/s 448 and also u/s 506 & 509.
My question: Should “Mr A” press charges u/s 156(3) or 211 IPC? Is there any other way to get “Mr k” reprimanded for filing a false case against “Mr A”?
Please guide.
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461 cr.p.c
Hello,
Instead of getting examined on oath, the complainant filed unsworn/undated affidavit. The respondent lost the right of cross-examination which is precious right due to unsworn/undated affidavit. The case is proceeding for the trial.
The provisions u/s 200 Cr.P.C was not adhered and the magistrate summoned the accused persons.
Can the petition u/s 461 Cr.P.C can be filed as failure of justice has occasioned?