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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Bhushan K. Vachharajanli   22 November 2013 at 15:34

Partition of property

Res. Expert,
The case is,the owner of the property made a will to give rights to live in the property to his step wife till death , then property will go the his owner's son. But Owner's son has expired and step wife is alive. Son has made will in favour of his real sister as he was unmarried. is he is eligible for preparing will ?
Now, the daughters of owner's first wife has filed partition suit asking that as the son has expired before become property owner, the property is vested with all the heirs equally. Can they entitle ?
Now, what defense can be taken by step wife in the partition suit?
Clarification :- Owner is already expired before his son's death and secondly property was self earned by owner not hariditory.

Anuj Kumar   22 November 2013 at 15:21

Service tax

We have made a credit note of a bill of 2010. in this bill, there was output service tax.
Can we avail input service tax in our books as we are giving credit note to the party ?

sherry   22 November 2013 at 14:58

Agreement to sell unregistered for land

Dear Experts
My friend(seller) have executed a agreement to sell for his land.When contract was not completed, he returned the part payments received by him to the purchaser and the original Agreement to sell was torn.Purchaser had kept photocopy of the same.Now what is the fate and legal value of this agreement on basis of photocopy.
kindly reply

Saurabh Sharma   22 November 2013 at 14:44

Transfer of dda flat within family

Dear Sir,

I wanted to know few things-We have a DDA flat at Dilshad garden, Delhi, as DDA new rules if property is leasehold then one has to get converted it into freehold but my question is that my mother and father wanted to transfer their property to their two sons by way of gift deed kindly guide whether it is also required to be freehold first

Thanks
Saurabh

R K Gupta   22 November 2013 at 14:28

Suggestion to file fir

01-YESTERDAY, TWO COLLECTION EXE. CAME TO MY HOME WITHOUT INTIMATION THROUGH PHONE CALL/SMS/EMAIL, EVEN I WAS REGURLARLY IN TOUCH WITH BANK VIA EMAIL.

02-I WAS NOT AT HOME, MY MOTHER (65 YRS OLD) WAS AT HOME ALONE AT FIRST FLOOR. THEY OPENED THE DOOR THEIRSELF AND ENTERED IN MY HOME WITHOUT CALLING DOORBELL/KNOCKING. AS THEY CAME TO UPSTAIR MY MOTHER WAS AFRAID TO SEE THEM AND RUSH TO INSIDE AND LOCK THE DOOR. SHE ASKED THEM WHO ARE YOU AND WHY CAME INSIDE THE HOME. THEY DIDNT REPLY AND ASKED ABOUT ME. MY MOTHER SAID I M NOT AT HOME. THAN THEY CAME OUTSIDE THE HOME AND STAYED IN FRONT OF THE DOOR AND CALLED ME I PICKED THE PHONE AND THEY STARTED SHOUTING SO THAT NEGHBOURES CAN HEAR THE VOICE. BUT THEY DID NOT INFORM ME THAT THEY ENTERED IN HOME WITHOUT PERMISSION. AS I CAME BACK TO HOME, MY MOTHER WAS VERY AFRAID, SHE IS UNDER MEDICAL SUPERVISION, I CHECKED HER BP IMMEDIATELY THAT WAS VERY HIGH I RUSHED TO DOCTOR IMMEDIATELY. THEREAFTER I CALLED TO BANK'S CUSTOMER CARE AND COMPLAINT THE SAME. PLS SUGGEST SHOULD I FILE A POLICE COMPLAINT/FIR AND A CASE AGAINST BANK TO SPOIL MY IMAGE IN MY NEIGHBOURHOOD.

03-MY DUES ON CREDIT CARD IS JUST FROM TWO MONTHS OLD DUE TO LOSS IN SHARE MARKET WHICH I ALREADY INTIMATE TO BANK BEFORE VIA EMAIL. I CHECKED THE AGENCY NAME AND COLLECTION EXECUTIVE NAME AT BANK'S WEBSITE BUT THEIR NAME IS NOT MENTIONED IN THE LIST ANYWHERE.

vijay   22 November 2013 at 14:28

Property document


sir,

what to do, when the vendor or seller document no is typed wrongly in the sale deed and the vendor is not alive anymore

Member (Account Deleted)   22 November 2013 at 14:14

Company registration

Dear Sir,

our company register in 2007 as Private limited, we are in the business of consulting services and we operate only 8 hours. general shift, now we are planning to operate 24X7 like three shifts. please let me know the process and required documentation and registrations.

Shivakumar   22 November 2013 at 13:54

Agricultural land and dc convertion

Dear sir,


I have a query.

1)Phani is applicable for agricultural land or it is applicable to DC converted land also

2)Once this agricultural land is converted to DC then also we have to refer phani

Regards.

Shivakumar

MSC Shekar   22 November 2013 at 13:43

Can transfer of property be done without link document

Absence of LINK DOCUMENTS IN ANY DOCUMENT FOR REGISTRATION for Transfer of property invalidates the Transfer Document As per a sub registrar

Every sub registrar of any Registration Department primarily checks the link Documents before registration.

Hence my query is can we effect a Document for transfer any property without link documents ? Is the sub Registrar correct in saying that unless link documents checked a document for transfer of property can be accepted for Registration?

Thanks in advance



kailash   22 November 2013 at 13:41

Regarding promotion

R/Sir please clarifies:

In our organization as per recruitment rules there is 50% Direct and 50% promotion method for the post of 16 Assistants and the prescribed quota is full i.e. 08 by Direct method and 08 by promotion.

50% 50%
Promotion method Direct method

08 employees 08 employees


As per 6th CPC the department sends Recruitment rules of non-teaching staff to MHRD in March 2010 for revision and MHRD approved the same in June’2011.

In the meantime one Assistant retired from the post of Assistant under the promotion quota on 31/1/2011.

In the revised RR of Assistant only method of selection will changed and other columns are remain same as mentioned in old RR. (Total 16 posts)

Old Method of Section Revised Method of Selection

50% Direct (08 Posts) 20% Direct ( 04 posts)
50% Promotion (08 Posts) 40% Promotion (06 Post)
40% Limited Dept Exam (06 Posts)

Now the position of Roaster after revision of RR is :

20% Direct 04 posts lying excess
40% Promotion 01 Post lying excess
40% LDE 06 post lying Shortfall

I think now if any vacancy is lying vacant it should be filled through LDE method to fill up the shortfall of vacancies as per Revised RR. Please clarify

In the above said case one incumbent is eligible for promotion on 01/02/2011 (under promotion quota as per Old RR) and the Recruitment Rules are Revised in June’2011 and putup to MHRD in March’2010. After revision of RRs the administration were filled 03 vacancies of Assistant under LDE Method against the vacant posts where in incumbent never apply for Limited Departmental Exam nor appear in Departmental exam even though she is eligible for that and demanding to promote her. The department has also conducted two DPCs from the date of Change of RR but due to shortfall in LDE method automatic promotion through DPC was not done.

Now she put up her representation with the request that the Revised RR are approved by MHRD in June’2011 and she is eligible for promotion w.e.f. 1/2/2011 and one post of promotion is lying vacant before approval of Revised RR so that department should/must give her promotion orders from that date .

I want to Know that:-

1. Can her request is genuine. Even though department filled three vacancies through LDE method and 3 DPC already done w.e.f. 1/2/2011 to till date even though she is eligible between 1/2/2011 to June’2011 as per Old RR. ( Department not conduct any DPC w.e.f. 1/2/11 to June’2011)

2. As per Revised RR she is eligible for LDE method as per revised RR wherein she is not appear in LDE exam conducted by the Department. Can such automatic promotion may be granted to him.

3. The RR are revised 3 years back and as per revised RR the department filled many vacancies and can such cases are considered now.


Please clarify and also mentioned the rules. Your early reply is appreciated.

Thanking you,