ANJANEYULU BANDA
04 June 2014 at 12:19
Sir, I have been provided Legal Aid in the case no.1835/2000 in Metropolitan Court, Esplanade Mumbai in 2002, by the honourable Legal Aid Authority. the present state of the case is Part heard and still many witnesses examinations in chief to be done. Last examination in chief is done in March, 2010. Since then hearing is simply adjourned and no further procedure is continued. Now my Legal Aid lawyer is saying that he will not be attending the hearing in future dates and advised me to look for some one else. Can he do it ? after attending the case since 2002 to till date he suddenly decided to withdraw from the case. Kindly advise what to do. Thanking you
BAKBABU
04 June 2014 at 12:07
Dhr is to be file an ep against jdr and jdr is employee in postal department. Which benefits are to be attach under sec 60 CPC. The jdr supernuation is July 31,2014. Pl. give advise in brief .
Lakshmydevi
04 June 2014 at 11:54
I have bought about 25 cents of agricultural land about 20 kms away from Chennai which is a part of Kanchipuram district. I am a senior citizen and would like to leave a settlement deed in favour of my NRI Daughter(42 years.) Please advise how I should go about so that there is no hassle for my daughter for taking possession and do any development as she deems fit.
Surendra
04 June 2014 at 11:29
Dear Sir,
Greetings for the day !!!
We feel privileged to have your views here in this forum. I have a query regarding applicability of Service Tax and Vat on Flats.
Recently I booked a flat in Bangalore. The Company has provided flats on RIGHT TO OCCUPANCY basis and there will not be any sale deed for the said flats. We can implied from this, that whatever amount I have given to the Company (i.e. Consideration to occupy that flat) has been treated as deposit with the Company and at any point of time, when I may surrender my flat (RIGHT TO OCCUPANCY) to the Company and can get my money (consideration paid to occupy flat) back .
The Company did not charge Service Tax and VAT on such flats earlier due to their contention that it is merely transfer of RIGHT TO OCCUPANCY. But now the Company is asking for Service Tax and VAT on the said flat.
My queries are as follows :
1) What is the difference in the SALE OF FLATS and RIGHT TO OCCUPANCY only?
2) Whether Service Tax and VAT is applicable on RIGHT TO OCCUPANCY of any Flat? (since renting of dwelling units does not attract service tax, as well as the ownership in the flats has also not been transferred in my name, it remains with the Company and I enjoy only right to occupancy of the flat).
Thanks & Regards
annu
04 June 2014 at 11:19
my brother has equitable mortgaged his land and three storey hotel to bank. now he wants to release ground floor and first floor of the building. what is the procedure and documents required for it. can this be done?
kadir
04 June 2014 at 11:11
sir,
I belong to a muslim (sunni) family and a resident of ghaziabad (u.p)
my query is...
we have a ancestral property and that property is aquired by my great great grand father.and that is agricultural land.
at present some portion of this land is use as shops,house etc.because all nearby area is developed as colonies (Aabadi area).
now my grand father is alive and aged about 80 years while his older brother has been died. all property is orally divided my mutual consent between my grandpa & his late brother.
but in khatoni name of my grandpa and his nephew is shown but area of land is still combined.
now my grandpa want to make a will to his legal heirs.can he do so ? because he is not a absolute owner of his property because property is undivided in paper and he is only a co-owner of that land.
my question is..
1.can my grandpa make a will?
some of my relative said that at first he have to make a partition deed between himself and sons of his late brother.and after that my grandpa can make a will for his share.
is that true?
if so how can we make a partition deed.?
and what is the procedure to make, register that deed?
plz help me....
SUBHAM AGARWAL
04 June 2014 at 10:59
CAN 498A AND 406 CASES BE COMPOUNDABLE WHEN JOINT AFFIDAVIT IS MOVED BY BOTH HUSBAND AND WIFE TO END ALL DISPUTE AND AGREE ON A PERMANENT ALIMONY
sobhana p.r.
04 June 2014 at 10:56
Sir,
What is the law regarding partitioned property (partitioned in 1/1979)for the vellala caste( Thenkashi origin),of kerala.Is there any eligibility for daughters for the partitioned property after the death of the parents?
Member (Account Deleted)
04 June 2014 at 10:26
Sir/ Madam,
I filed DV case in 2012. Received WS from other party and 340 application on me. Replied 340 and filed 340 on opposite party. Both 340 dismissed. Now statement recording stage is there.
My query is that my cheif affidavit has not filed in the court and my lawyer is not saying anything about it. Does cheif Affidavit is not required or it is required ?
Also please let me the format of chief affidavit so that I can prepare on my own.
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Filed application under section 1/10 of cpc
With folded hands I seek your valuable advise and guidance on the following position :
The Owner of a plot and the residential house Builder entered into a Collaboration Agreement between both them stating that the Builder shall construct the Building with two flats (ground floor) and first floor flat and the Builder shall take the Second Floor (with Roof Rights) for his consideration of the Collaboration Agreement. Further, the agreement stipulates that the builder shall arrange funds from his sources. The Buillder approaches me and enters into an Agrement to Sell for Second Floor Flat (with roof rights) and starting taking money as planned. Practically, Builder does not completes the Construction and fulfill the responsibilities under the Agreement. The Owner of the plot takes possession of the Second Floor Flat which is planned to be given to the Builder as a consideration for construction of the Building. The Collaboration Agreement is not registered with the concerned Authority at the time when it was executed.
The owner filed a complaint with Police Station for not having completed the work in time. A three month's extention time was mutually agreed between the Owner and the Builder. The Owner was not happy and did not pay any heed to the request of the Builder. The builder filed a case in court of law for claiming possession under specific perfomrance of the agreement. I have paid more than what was scheduled to be paid under the "Agreement to Sell" and the balance was to be paid on complete and satisfactory transfer of the flat, which the Builder did not do. I was a loser and had to move forward to the gain possession of flat in whatever possession.
Since the work was not complete, the owner was also in touch with me. He opined that you take the possession. I moved into the flat and complete the remaining major work and incurred lacs of rupees. On the first date of hearing the case filed by The Builder against the Owner, I filed an application under section 1/10 of CPC for allowing me to make my submssions before the court. The Builder expired after filing the case in the court. The legal representatives have requested the court to be a party to the Case.
What is my status under section 1/10 of CPC under the above circumstances.
The case is titled between the Builder and the Owner. Should I also file a case against the Builder and Owner to consolidate my position.
Major Question : In case the Owner of the Building sells the newly constructed building, will the transfer of Title be genuine to the purchase. Shall I face difficulty in case the new purchaser asks me to get out of the top floor (second floor) Please advise no one can pass a better title than one has.
For your information, the owner has executed a general power of attorney in my name before the first date of hearing of the case filed by the Builder.
Please explain the scope of the Floor with Roof Rights.
Your valuable advice is solicited and this would help me in forming my course of action in the above case.