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subhashchander   02 April 2015 at 12:21

Please help me

I am Subhash chander , age 68yrs, properiter.

Q-1 A portion of my commercial office has been rented out. Please intimate its rent will go to my commercial income or in house property head .this property is purchased with the binding of seller that it can only be used for commercial purpose?

Q-2 We have various types of commercial business like Export, Trading and Shares etc. Please intimate loss in one business can be adjusted against profit of other business ?

anilkumar   02 April 2015 at 12:10

Query regarding partition of ancestral property

My mother' parents have expired and they did not leave any will and all the agriculture land has been transferred in the name of my mother and her 2 sisters and 1 brother as per jamabandi details available on haryana land record website.

My mother want her but her brother has objection on the ground that daughter should not take share in property as per customs and my mother's other 2 sisters are also not cooperating with us.My mother had filed partition case in the tehsil 1.5 yrs back.I think tehsildar,SDO and my lawyer all are harassing us by delaying the matter as it is a very small town and my mama has good relations with tehsil people.They are saying that my mother's share in coming in 4 khewats and there are total 70 people doing cultivation in those khewats apart from my mother,her sister and brother so unless those 70 people also give their consent,partition can not happen.

When tehsil proceedings were about to finish after 1year of filling the case,6 people out of those 70 have filed appeal in upper court.

I had sent rti to tehsil to know the till date proceedings but they have replied me that your lawyer is appearing on your behalf and as per RTI rule,information can not be provided of running case and case is already in appeal so if you have any further query,contact tehsil.

Pl. confirm me what can i do in this case.

Adv.Vishal Anil Vyavahare   02 April 2015 at 12:05

bail in section 489 A and 489 B 420 ipc

Respected sir,
Offence registered against 9 accused under section 489 A and 489 B 420, 34 of ipc and section 2 n 3 of maharashtra prevention and eradication of human sacrifice and other inhuman, evil and aghori practices and black magic Act. .. but serious allegations made against accused no 1 only and counterfeit currency notes also recovered from accused no 1. So other accused can have a chance to get bail. ...
Please guide me on this issue. .

Regards,
Adv Vishal Vyavahare 9371821992

jiteshjain   02 April 2015 at 11:13

Scrutiny under 133(6)

Hello All,

My freind Pratik is under going an scrutiny from Income Tax. The case is as follows:

His uncle started a business on his name of Diamond Trading in Surat. For the Business his uncle opened a Bank account in Axis Bank for the Financial Year 2011-12. He was just adviced to sign blank cheques and other activity of business was carried out by his uncle. He nither knew about what was happening about that business. When he received his Income Tax return the turnover was 100cr. in which the profits was only 4 Lakhs shown. Now, from last 1 and half years he was receiving notice from Income Tax to present the Sales and Purchase Register and Bank Statement. He contacted the uncle but uncle was not available at that moment.
Uncle adviced directly to visit the CA who had audited his accounts but CA refused to attend the notice on behalf of him. He contacted the orginal party who did all the transactions on his name. They also did not entertained him. At last he appointed a new CA to attend the Case. They both went to the Assesing Officer and informed him orally about the whole story. The AO issued 133(6) summon to the orginal party and the Bank to provide the details of my freind. As soon as the notice was received by the original party and the CA both became active and CA summited all Purchase and Sales register and Bank statements but that my friend had given him for submission. The AO asked for Letter of Authority from the CA but he didn't had the same and left. AO called my friend and told to give statement in written for the whole story but my friend did not submitted and left from his office as his new CA adviced not to submit because if the orginal party did not accept the case then all the liabilty would be transfered to pratik.
AO wanted to close the case by 31st Mar 2015 but was unable to do. In this Case the AO is not agreeing with the calculation of Profit Margin which is shown as 0.04% on the total turnover. AO says the profit should be atleat 4% on the total turnover rather than 0.04%

Please advise now what action should pratik take as he is innocent on the case and do not want any further liability.

Currently the Case is under an appeal in Income Tax but my friend has not attended the appeal. 2 Hearing were called out. for the same. Can any one advise what can he do now for saving himself.
Is there any possibility under Law to book a case against his uncle for this fraud.

aditisingh   02 April 2015 at 10:49

Sapinda or not??

Dear experts..
I have a situation where son of my uncle (mama) want to marry daughter of my aunt (bhua).... Is it possible According to Hindu marriage act??

Sumit   02 April 2015 at 09:53

Transfer in a housing co-operative

Dear Sir,

My father being member of a housing co-op socy under the West Bengal Co-operative Socy Act had obtained a sub-lease on a plot of land via a deed of conveyance in the year 1978, the sub-lease was for a period of 99 years.
In 2003, my father wanted to sell his house and applied for permission for transfer of lease-hold rights and membership to his tenant.
Socy took my fathers letter as resignation(even though he never used that word) and took resolution to transfer his sub-lease plot with constructed house in favour of tenant.

Socy got permission from registrar and gave membership to our tenant. My father had entered into an agreement for sale to his tenant, however the property was never sold and the transfer also could not be completed. The tenant never paid money to buy the property. The tenant is in possession of the property.

Now, Father died in 2009 and present situation is that we have inherited the property and the co-op claims that our tenant is the member.

It is a strange situation.

My question is:- Can a Co-operative Housing Socy. in West Bengal transfer the Sub-lease to our tenant when the sub-lease has already been conveyed to my late father for 99 years(as per earlier deed)? Particularly when the property has not been sold yet and the original member has not transferred his property.

Regards
Sumit Basu

b kumar chsndrs   02 April 2015 at 05:29

Add h.s. at servivenook

I am biswasear I am join serly tech 3 2013 a.and after technical resignation o join Early same post 2015 .I am HS passed 1998. But at the time of north fromfillyp I submitted MP and It I .it criteria of the post minimu MP and NcVT so I confused. At the time of SeRly and RRBKolkata veto ovation they told for add HS I give them copies SERLy include H.s. but ERlY .not agree to include it they told me at the time of from fill up it is oy include so Include not possible. My quary The service continue and service record came from SErLy can automatically include or not. What process I include it. I have no monytary benefit to it
Can it is a matter suppression. Plese help advice to solved it. I am a handicapped person

Samanth kumar   02 April 2015 at 00:19

Certificates of surname of father

namaste to experts,
sirs,
my friend is selected for pharmacist job in a central govt company at ranchi jarkhand state. he belongs to warangal district of telangana state. on all his original certificates surname of his father was not included. [his name is jatoth.rajanna., his father name is bhav singh]. on all certificates, i.e., 10th class, inter, degree in pharmacy surname of father was not included. now at the time of joining the job the concerned personnel manager is rejected his certificates for no surname of father on them. what to do ? please give advice sir

rajan chopra   01 April 2015 at 22:08

SERVICE OF ACCUSED

SIR A CASE U/S 138 OF NI ACT IS AT THE STAGE OF SERVICE OF ACCUSED THROUGH NBW AND COULD NOT BE SERVED DESPITE REPEATED ISSUANCE OF NBW .POLICE REPORTED "ACCUSED NOT MET OR HAS LEFT FOR AN UN KNOWN PLACE " EVERY TIME THE COMPLAINANT ONE DAY HAPPENED TO MEET THE SERVING CONSTABLE AND WAS TOLD"POLICE HAD REACHED AT ACCUSED HOUSE AND FOUND HIM THERE BUT DID NOT CATCH HIM DUE TO THE ASSURANCE GIVEN BY GRAM PRADHAN THAT ACCUSED WILL BE PRESENT IN COURT ON THE DATE FIXED AND A PICTURE OF ACCUSED BEING CAPTURED BY SERVING CONSTABLE IN HIS MOBILE WAS SHOWN TO COMPLAINANT.NOW SHOULD COMPLAINANT BRING ALL THIS IN THE NOTICE OF COURT BY WAY OF ORAL OR AFFIDAVIT OR WHAT CAN BE DONE BY COMPLAINANT UNDER THESE CIRCUMSTANCES TO MAKE SURE THE SERVICE OF ACCUSED?

pujols20   01 April 2015 at 22:06

Regarding land

Dear experts,
Bought a plot/land from a real estate company in a venture around 8 years back. Real estate company initially bought this land from 2 owners. One of the siblings of the 2 owners raised a concern that her NOC was not taken at the time of selling this land to real estate company and sent court notice to settle this matter to all the customers who bought the plot from this real estate company


1. Who needs to settle this matter with the person who raised the concern, would it be Real estate company or individual customer ? In case if there is any amount involved in settling the matter with the person who raised concern, is real estate company obligated to pay this amount and settle ?

2. During the initial discussions real estate company was saying they will take care of settling this matter, but now dont know what happened, Real estate company is calling the customers and asking/forcing them to sell the land at very lower price( almost half of market value). With this matter pending in the court , can the customers sell this litigation land to other customers ? is it legal ? or should the customers wait till the disposal of this matter in the court ?

please suggest. Thanks !