Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

V.N.K. MENON   28 May 2015 at 06:44

Problem with tenant

My son-in-law has a house in Kerala which is rented out to a tenant by his parents. Now the property has been partitioned. Now he wanted to sell the property to square up some of his liabilities. A case has been filed by him for eviction as the tenant refuse to vacate.

He asks for 5 years. There is a judgment by Apex Court that tenant can vacate after 5 years PROVIDED THE PROPERTY IS REQUIRED FOR PERSONAL USE by landlord/owner.

The an anticipated problem is that he showed the property to some brokers. But nothing materialised.

I am now dealing with the matter myself. I am a retired senior citizen with no property in Kerala.

In such a situation, I take the route of gift to get the property vacated at the earliest; meaning if the property is gifted to me. Can the act of showing property to some brokers create a negative point for me?

QUERY: can I (in my or own use taking advantage of my my age and gift deed.

Thanks and regards experts.

aditya sharma   27 May 2015 at 22:23

Interest rate on unclaimed deposit

Hello,

I have faced a crucial case on which i need your help. My mother had opened a FIXED DEPOSIT in 1991 OF THE AMOUNT 13000/-(MATURITY AMOUNT MENTIONED 17000) IN HER OWN NAME at her hometown and gave it to her grandmother. After some time my mother's grandmother expired and at that time nobody remembered about that FD.

A few months back my Mother's Uncle found that F.D. RECEIPT OF SBI IN OLD BOX. When we went to Bank the Bank is giving only 17000 saying that you had not renew the F.D.

I want your advice that it has been remained UNCLAIMED SINCE LAST 20 YEARS SO WHAT IS THE MINIMUM RATE IF INTEREST THAT WE CAN GET ON SUCH UNCLAIMED AMOUNT as a matter of prejudice the bank has channelized this fund in banking since last 20 years so we must get our share of minimum interest on such amount for 20 years.

please help.

aditya sharma   27 May 2015 at 22:12

Interest rate on unclaimed deposit

Hello,

I have faced a crucial case on which i need your help. My mother had opened a FIXED DEPOSIT in 1991 OF THE AMOUNT 13000/-(MATURITY AMOUNT MENTIONED 17000) IN HER OWN NAME at her hometown and gave it to her grandmother. After some time my mother's grandmother expired and at that time nobody remembered about that FD.

A few months back my Mother's Uncle found that F.D. RECEIPT OF SBI IN OLD BOX. When we went to Bank the Bank is giving only 17000 saying that you had not renew the F.D.

I want your advice that it has been remained UNCLAIMED SINCE LAST 20 YEARS SO WHAT IS THE MINIMUM RATE IF INTEREST THAT WE CAN GET ON SUCH UNCLAIMED AMOUNT as a matter of prejudice the bank has channelized this fund in banking since last 20 years so we must get our share of minimum interest on such amount for 20 years.

please help.

ketanpopat   27 May 2015 at 21:42

Partnership firm

Hello Experts,

We are planning to make a partnership firm with 20 partners, each will contribute Rs.50,000. Our firm will engage in trading business.

We have some questions: Can any partner(e.g. partner A) from our firm borrow money independently on behalf of firm? If yes, then lets assume that partner A runs away with that money(considering that he borrowed in cash), then is there any way to protect firm or other partners from that liability?

Please advice, thank you.

Poorva Singh   27 May 2015 at 16:29

Obc certificate

I was born in Himachal Pradesh and was married in Uttar Pradesh 3 yeas ago. After marriage I am having great problem in obtaining OBC-NCL certificate. I know that caste and creamy layer is decided by parents and not by in-laws side. Tehsildar at my birth place says that since you are married into UP you will have to apply for certificate there. I said OK. I obtained the document from HP tehsildar verifying my caste and then applied for OBC certificate from UP tehsil. My caste comes in Central list for OBC of HP state but not of UP state. The tehsildar in UP refuses to make certificate for me saying that their software enters only the UP caste and then first prepares the state certificate and on basis of that central certificate is made. Since, my caste does not come in OBC list of UP, the tehsildar says that he can not make my OBC certificate. So in spite of being an OBC, no one either from parents side nor from in-laws side, are ready to make my certificate. What should I do?

Karan Gaur   27 May 2015 at 16:15

Others

Greetings of the day to all learned experts....

Inspite of all information provided for the query lot of experts asks following question....

"How you are concerned with this query...."

I humbly want to know the reason behind this question... If a person don't know how much is 2+2 then instead of giving the answer should we ask him that why are you asking this... I know that law is not a matter of mathematical precision... Different lawyers have their own opinions....sometimes judges have different opinion...

balaji   27 May 2015 at 15:20

Desertion on whose ground

Sir,

Wife has made a forge passport and threaten the husband that she will carry along with her child girl out of country . Wife further threatening that she will not turn up at matrimonial place if her demand in terms of monetary terms is not get fulfilled.

Husband is residing in a parents house. However, wife has a flat in her own name. But she is not residing there but staying at her parents house. Both husband and wife is a professional .

Is it desertion on whose part? Husband or Wife? can husband can claim that he is ready to stay alongwith her wife in the flat which is in her name?

kindly advise friends.



Jaya Pathak   27 May 2015 at 15:20

Sec 28 - hindu adoption & maint. act - effect of transfer of property

The wordings of the Sec 28 is as below:



Where a dependant has a right to receive maintenance out of an estate, and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee ........



Now my question is:


1) Does right by birth of a minor child in ancestral property fall within the ambit of the above Sec 28? Some of the ancestral properties are commercial and have rental income.



2) The right by birth exists since the day the child was born so any property gratuitously transferred after the child was born can it be brought under this section if the father of the child is not taking care of the minor child and has gifted all his rights in ancestral property to his own real brother and sold some to other cousin brother and didnt take any consideration from the cousin brother?



The opinions of the experts will be highly appreciated.


Thanks
Jaya

V.N.K. MENON   27 May 2015 at 15:14

Slp in apex court

As you are aware it is vacation time now. I had filed SLP against Division Bench Order rejecting early hearing application.
The case is registered and I am waiting for listing.

If the SLP is granted, whether fresh appeal has to be filed? I am petitioner-in-person.
Ld. experts please guide.

Monesh Agrawal   27 May 2015 at 13:58

Income tax refund

सर
मेरा इनकम टैक्स रिटर्न FY. 2009-2010 के लिए फाइल किया था जिसमे मेरा Rs. 11340= का रिफंड बना था. जिसका चेक मुझे डेटेड 08-11-2012 को प्राप्त हुआ और मुझे पता चला कि रिटर्न फाइल करते वक़्त मेरा बैंक अकाउंट नो गलत लिख दिया गया था. जिस वजह से मेरा रिफंड का चेक क्लियर नही हुआ. मैंने अपने अधिवक्ता से बात किया लेकिन उसका अब तक कोई उपाय नही निकला और मुझे मेरा रिफंड प्राप्त नही हुआ. इस सन्दर्भ में कृपया मेरा मार्गदर्शन करे कि कैसे मुझे वो रिफंड प्राप्त होगा.