Member (Account Deleted)
22 September 2014 at 10:34
Hi,
My divorce case is on final stage. will decide in a month. My husband has several residential flats in his mother name.
1 flat in which my in-laws reside is given by Government to Husbnad's Nani (grand-mother) on 99 years lease in sindhi colony which later transfered to my mother-in-law name.
I have a daughter 5 years old and have her custody (not through court but husband and in-laws not interested in taking child).
Does she has any right on nani property (flat in sindhi colony)? If yes then how should I proceed for that and is there any time-limit for that claim?
Paresh Vaidya
22 September 2014 at 10:27
A and B have flats admeasuring same area in the same co-operative housing society in Mumbai City (townside). A’s flat is on 5th floor and B’s flat is on 3rd Floor. Now A and B are willing to exchange their flats. Since B will be shifting to upper floor, B has agreed to pay A some incremental amount.
My queries in this regard are as follows:
1. Whether there is a need to make two different sale deeds, i.e. (i) one for sale of flat on 3rd floor by B to A and (ii) another for sale of flat on 5th floor by A to B?
2. What will be the registration and stamp duty procedure? How much stamp duty will be payable on each agreement?
3. Let us say the selling price for 3rd floor flat is Rs 100 and for 5th floor flat is Rs 105. In such case, can the transaction be done only for net Rs 5, whereby B pays to A only net Rs 5?
4. Will there be any VAT / service tax on these transactions?
5. Whether any permission from
society is needed before entering into this transaction? Whether society will claim transfer fees from both A&B, even if it is merely an exchange of flats?
6. Simultaneous with exchange, A wants to add names of his six children, viz. three sons and three daughters (A doesn’t have living wife) to the new flat on 3rd floor. What will be the procedure to do so? Can so many names be added as co-owners?
Thanks in advance....
Prashant
22 September 2014 at 10:25
Hi,
This issue is regarding the diary farm in a residential area.
There is dairy farm which is operating by the family with 20 buffaloes, this diary farm is creating a lot of problems in the area as there is no cleanliness in the area and the smell is very foul always and because of the buffaloes there are huge no flies which is contaminating the water area around and these flies come and sit on the food also contaminating it and this is causing health issues.
Is there any legal way to tackle this problem?
Nimish Karwa
22 September 2014 at 10:10
In ER 1 Return in case of purchase return of dutiable goods we have to show " Reversal of cenvat credit in serial no 5 as " Credit utilized when input goods are removed as such "
My question is whether we have to show assessable value of purchase return in ER 1 Return
Nimish Karwa
22 September 2014 at 10:08
If exporter get payment in foreign currency then bank charges some service tax as per Rule 6(7B) of Service tax Rules 1994 which is as follows
Upto 100000 - 0.12% of the gross amount of currency exchange
Or RS. 30 which ever is higher
Exceeding 100000 – upto 1000000 120+0.06% of the (Gross amount of currency exchange
-100000)
Exceeding 1000000 660+ 0.012% of the (Gross amount of currency exchange
-1000000
or
6000
Whichever is higher
My question is whether exporter can take the cenvat credit of this.
Argument 1. As per Cenvat credit rules 2004 Input service includes financing , auditing . accounting etc
(In inclusive part of Definition)
Argument 2 N.N. 52/2011 of Service tax For refund of service tax on specified services in point 12 this service is mentioned for refund (This notification is applicable before negative list came . After this it has been with drawn
After negative list regime came this (N.N. 52/2011) is withdrawn , then N.N. 41/2012 has been been placed it also support for refund of service tax .
This means if refund is possible we can take cenvat credit .
Please confirm wheather we can take cenvat credit of this service of bank
fm
22 September 2014 at 09:58
in which court car parking matter are filed in regards to mumbai co -op society and can we appoint special inspection person from court to come and note the discrepancies in parking space allotted
chandrabhanu
22 September 2014 at 00:02
Sirs we are running a property related case in karnataka high court. But my apponents are threatening us & keep on asking us to get compromise. The same is being told to my relatives also. It is getting very difficult for us to answer them & we are getting a fear. Can we file a criminal suit against them? Please Please Please suggest..
Thanks in advance.
chandrabhanu
21 September 2014 at 23:58
Sirs, This is related to will has been forged and i need to file the criminal against him. I consultead an advocate and what the advocate saying is I need to get the original will what he has forged to file the forgery case. But practically it is not possible to get the forged will from my apponent. Please suggest how do I file a criminal case against him.
Binayak Acharya
21 September 2014 at 23:32
Sir,
I am having all other suitale like CCR ,No Dept. proceedings,25 years of experience,Superseded by junioras against a promotion scheme by three Ranks. The case of GR under 365/34 is pending in SDJM Court against of which the stay is there. I was court forwarded in 2008 ,stayed 17 days under custody and was suspended for 3 years 4 months and 9 day and was rein stated on 17/10/2011. Other two earlier suspensions are duty made . One in 2005 was with simple punishment of stopping of one annual increment for one year .
Sir , under all above conditions shall i be promoted as par with my juniors,colligues etc.
Please reply .
Namaskar
Binayak Acharya,Bhubaneswar
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Procedure for filing recovery suit order 37 cpc against bounced cheque
Hello Everyone,
I am young practicing advocate in Delhi District Courts.
I have filed a case for my client u/s 138 of Negotiable Instrument Act, in May '2014. The Cheque amount was Rs. 50,000/- against certain bills. The accused is appearing in this matter and taken bail.
In August '2014, my client issued a legal notice to the same accused (against whom case u/s 138 case filed in May' 2014), for further bouncing of cheques. The cheque amount is Rs. 22,500/-. In reply to this legal notice, the accused has admitted the supply & cheques which are subject matter of case pending u/s 138 NI Act filed in May;2014.
My query is:
kindly suggest me the procedure to file Recovery Suit under order 37 CPC and it will be kind enough if someone sends me the Sample Format of Recovery Suit under Order 37 CPC,
Do I need to send any mandatory legal notice to initiate proceedings under Order 37 CPC?
I have annexed all the Original Bills, Original Cheques and Original Documents in the complaint case u/s 138 NI pending before Ld. Magistrate filed in May' 2014. Under these circumstances what documents to annex in Civil Court because originals are not with me.
Can a Civil Court decree a suit on the basis of Photocopies of Bills and Cheques; if not; what procedure do I need to adopt.
Thanks for an early reply.