Ashutosh Shukla
03 January 2021 at 00:32
In 2012, a person had threatened me and I had called the police. Despite taking punitive action against such person, police released him. After some time, I had received a notice under section 107/16 for keeping peace. I had gone to executive magistrate office and bailed myself. I had stop going to the court of executive magistrate after two dates.
I want to know that this fact will create problem in police verification or I need to mention it in my attestation form?
Anonymous
02 January 2021 at 22:37
My brother took signature in Mamlatdar as i write all property come from my dad will go to his name in future after my dad passed away and now he removed name of 7 / 12 utara but out of 5 sister 2 did not give signature. Can i file objection for this as he forced me to write my rights on his name ?
father añd mother both passed away. We are 6 sisters and 2 brothers. Part of property is self acquired and rest is not.
Anonymous
02 January 2021 at 20:00
Is there any issue in adding an Executor in the Will?
What is the procedure if the Executor does not execute the Will?
Anonymous
02 January 2021 at 18:14
Sir,
Our land was acquired for District Collectorate in Tamilnadu. We have filed a Writ Petition in Madras High Court and Madras High Court has favoured us and released the land from acquisition proceedings in 2017. However, some other persons moved Supreme Court and filed SLP in 2019. When we approached District Collector, Karur, he informed that the case against your land alongwith others is pending in Supreme court. But, so far no notice has been served to us. It is requested that kindly clarify whether serving of notice is mandatory and how i come to know that my land also under SLP proceedings. Whether I can ask through RTI in SC.
Kindly help me.
Anonymous
02 January 2021 at 14:46
During June 2016, my wife filed sop for her one-fifth share of her deceased father's bank deposits, in sub court. Judge of that period advised us to file partition suit. My wife filed partition suit through advocate. Change of judges within few months of filing suit. (Around 2016 September). Judge in his judgement on December 2020 ruled that only SOP has to be filed and dismissed suit. Even though we paid fees properly to our advocate, during crucial arguments stage, our advocate did not represent us properly not being present. Judge recorded this in his judgement saying both sides did not represent case properly despite several adjournments.We are filing appeal in district court. How can we prepare for appeal? My wife can self argue in court. Point to note is if our advocate was present, judge would have asked him why sop was not filed and we could have given the answer, which may have satisfied Judge.
Anonymous
02 January 2021 at 13:36
Sale of Vacant Land for funding the construction of apartments and Allotment of flat by beneficiary
Opinion sought regarding Capital Gain Tax and types of documents to be executed w.r.t. Income Tax, RERA & GST Act.
Facts / Background:
N purchased the property consisting of land and residential house in South Chennai measuring about 2600 sft in 1974 and 50 % share of the property was settled in favour of his wife L in 2015. N expired in 2019 leaving behind his wife L (77) and two sons K & P as legal heirs.
As the building is very old, L, K & P want to demolish the building and construct an apartment building with 3-4 flats. But they are not in a position to construct with own funds and are also not interested in a Joint Venture scheme of any builder due to variety of reasons.
R (73) – Brother of N has a vacant plot in West Chennai purchased in 1975. L and her two sons have approached R for funding the construction of the flats in their land with an offer to allot one flat with uds of land in return proportionate to the amount to be invested by R for the development & construction of flats.
It is assumed that - Since R will be utilizing the sale proceeds of the vacant land against the value of the flat to be allotted to him, there will be no capital gain tax for him. Similarly, since L and sons will be utilizing the sale proceeds of uds of land to R, by constructing flats for them, they also will be exempted from capital gain tax.
Now, with regard to execution of documents to complete the transactions one option is - L and sons have to execute a sale deed for the sale of uds of land to R and subsequently all the four have to enter into construction agreement with the builder for development & construction of flats to them.
Supposing if L and sons request for the money (sale value of R’s land)) to be paid directly to them in advance without involving the builder on the understanding that they will transfer one flat with uds for the value of investment after completion of the flats - will it be risky or alright to concede to the request.
What will be the implications of capital gain tax and the consequences if the flat is not completed by the builder as per the requirements?
Any other alternate and viable documentation to take care of Capital Gain Tax, Stamp Duty and other statutory requirement.
Anonymous
02 January 2021 at 03:14
Hi Sir,
I have received a flat from my father owned by him by gift deed when I tried to change the name in society society members are asking transfer fee and donation for transfer premium of 30000 rupees I would like to know the society transfer charges in case of gift deed along with society transfer charges
Even society has asked me to provide undertaking on stamp duty in notary, indemnity bond on 500 stamp paper and Declaration come under taking which is not mention in society bylaws kindly suggest on same Can society ask for Identity bond,Declaration cum Undertaking which is not mentioned in society bylaws?
Anonymous
01 January 2021 at 19:19
My grandfather got his share of house from his father when he divided the house into 4 equal parts amongst his 4 sons ( including my grandfather).
My grandfather had a legal will where he had his 3 children on them ( 1 son, 2 daughters).
My mother being the eldest unfortunately passed away before him and my uncle and aunt forced him to sign off her share amongst them.
My grandfather passed away a few months later.
My question is do granddaughters and grandsons have a right over his property?
How could my uncle and aunt force him to distribute my mom's share amongst them?
If I file a case in the courts, do I have a strong case?
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False rape and dowry case
Dear sir,
Mine is a case of false dowry and rape case. I am a government employee. I secured anticipatory bail from court.
The brief facts of the case:
1. Earlier the girl herself backed out and asked me to say no to her parents. She denied marriage first not me.
2. This case was registered when I denied marriage after performing roka ceremony.
The girl ,her parents ,even her brother earlier told me that I should not marry. But as the date of marriage approached they started troubling me for marriage. I stood firm and marriage was not performed.
3. I applied for AB and same was granted. The case is in trial, however some frivolous RTI ( naming me and my case and sections) has been sent in my office after 2 years. What could be the impact of RTI on my job and my case?
4. Can I take action against the applicant of RTI as he is trying to name and shame me in my office n society as the case in undertail And I have not been proven guilty?