sneh agarwal
13 August 2014 at 19:57
sir, my mother was the sole owner of our house. we sold the house about two and a half years ago. my mother did have a bank account at that time. my mother is illiterate and prints her thumb instead of putting signatures. also she is paralyzed and it is not that easy to take her to a government office/bank to put her thumb impression. so we asked the buyer of the house to transfer money directly into my account. he deposited cash (the entire cost of the house) directly into my account. no gift deed (a gift of cash from my mother to me) was executed. at that time i did not know anything about capital gains tax. two years later i came to know about capital gains tax from a friend. he told me that such a transfer of cash directly into my bank account without a gift deed was illegal.
was he right? if yes, how can i convert this transfer into a legal one. is it possible to execute a gift deed now two and a half years later?
i used three-fourths of the money to buy a flat( the flat is under construction right now). can i pay capital gains tax on behalf of my mother six months later (three years, since we sold the house, will be completed six months later)?
if i can pay capital gains tax will i be exempted from paying tax on the three-fourth amount that i used to buy a house within three years from selling our old house.
how can i convince the authorities that the money deposited in my account was actually obtained by selling the house owned by my mother?
Suresh Kumar Shaw
13 August 2014 at 19:50
Dear Sir/Madam
I have resigned from my previous company on 16-01-2014 and requested the manager to clear my all outstanding payment including salary for the month of July 2013, August 2013 & January 2014 within seven working days from the date of my resignation on my resignation letter but only salary of July & August 2013 was released and yet the company has not issued final salary cheque to me after several calls to Local office and Head office. I have also sent two mails to local office (Kolkata) but no reply yet received from them. Over Phone, the accounts department of head office told me that they have not received any documents from Kolkata office to settle your account. The branch manager of Kolkata, is making delay this thing intensenally.
I need your advice to get my outstanding amount from the company. Also I need your advice that what legal options can be used in this case.
Amount Receivable from the Company
1.Salary for the month of January 2014(26 Dec 2013 to 16.01.2014) Rs 7026/-(9900*22/31)
2.15 days salary deducted and held by company from August 2011 Rs. 4500/-
3. Bonus from 1.4.2013 to 16.01.2014
4.PF Amount deducted but neither deposited into PF account nor given to me for the month of November 2011. Rs 523/-
5.PF amount deposited in account but the director not signing my PF claim Settlement form
Documents available with me: 1. Letter of my resignation duly signed my Manager.
2. Xerox copy of Exit Clearance duly signed my Manager. Awaiting your valuable advice and suggestion.
Best Regards Suresh Kumar Shaw 0990186364
mahesan
13 August 2014 at 19:36
Sale agreement date 15.7.2013.
period one year.
legal notice issued on 17.07.2014.agreement holder have valid under law. What remedy to agreement holder against land owner?
Biswajit
13 August 2014 at 19:34
Dear Sir,
Thanks for responding our my request in past and it really helped me to understand better.
I just wanted a clarification, if an associate member can become part of Managing committee?
Please refer to the below with further details?
The provisions in the Maharashtra Cooperative Societies Act and Maharashtra Cooperative Societies Rules clearly state that the nomination of an associate member for election gets disqualified if his name does not appear first in the share certificate and such member cannot contest an election. Maharashtra Cooperative Societies Act’s Section 2(19)(b) clearly defines that the associate member, as a member who holds jointly a share of a society with others, but whose name “does not stand first in the share certificate”.
As per the Rule 56M of MCS Rules, 1961 and Section 2(19) (b) of MCS Act, 1960, an associate member can only cast his votes and participate in the election process but never become an office bearer in the society, where his name appears as an associate member in the society register.
Rajesh
13 August 2014 at 19:33
Hello Sir,
as we are aware that the AIBE VII is now scheduled for 7-Sep, so i need any kind of prep material and list of bare acts which i have to take in the examination hall.
any kind of guidance is highly appreciated which help the new students to clear the said exam
fightingforjustice
13 August 2014 at 19:14
Hi Experts,
I have just filed a petition in court, notice is yet to be served to the other party. But my lawyer missed out few points in pleadings. and for all these pleadings I have appropriate proofs with me to prove these facts. is there any way I can include the missing points in pleadings?
Radha
13 August 2014 at 19:00
Dear Sir/Experts,
I have filed a 125 case on my husband for seeking maintenance from him. I have a small son and I work in a corporate company. I earn 25000 per month in hand salary. My husband is a businessman and he owns property also. The problem is that the business is owned by my FIL & all properties is in my FIL and MIL name and nothing is in my husbands name.
On my lawyer's advice, I mentioned my salary as 10000 and his monthly income as Rs. 300000 and I also mentioned that he owns a building. Now I am not able to give any income proof of my husband.
What legal steps I should take to get maximum maintenance from my husband. I have not allowed my husband to see or talk to my son and also I have not attended to the RCR case filed by him. Also there is a 420 case filed by my husband on me.
Kindly suggest the steps I should take to get maximum maintenance order for me and my kid. I have demanded 50000 per month in my 125 case.
Vidhya
13 August 2014 at 18:50
I vidhya Lobo do not hold any credit card with standard chartered bank but I am gettin harassment calls from the bank and when I asked them when was this card taken they say it is in the year 2003. They already called me before 3yrs and threatened me that they are sending the legal notice but till today I recieved nothing from them. They say in proof they only have my salary slip from the company and nothing else. no government proof. I have also recorded the call and please advice me how shd i go abt this,, it is very heartaching for me.
pratik
13 August 2014 at 18:42
1) can Muslim women seek Restitution of Conjugal Right after divorce.
2) which court has jurisdiction to entertain suit for dissolution of Muslim marriage
3) can marriage be restore after divorce in Muslim
kindly help on above topic along with section of perticuler law
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Non payment of loan amount
To All experts,
My client had taken a loan of Rs. 50 lacs from a nationalised bank for his business of manufacturing automobile spare parts. It is a sole proprietorship. His friend had given collateral security. My client paid only few payments of loan. Now the company is running in loss and the outstanding balance went upto 80 lacs as on date. The security given is much less than the outstanding loan amount. What is the procedure adopted by the Bank for recovering the loan. In case if the security given falls short of the loan amount, will the bank attach even the personal properties of the principal debtor and guarantor which are not given as security.
Ravinder, Advocate.