Vijay Kumar
23 February 2017 at 10:59
Sir My question is regarding Benami Property as like :
Original Allottees Say Mr. A and Mrs. A has been allotted a DDA Plot by DDA on leasehold basis. Mr. A and Mrs A sold out a his DDA plot to a financier Mr. B for an amount of Rs.30 Lakhs on lease hold basis by executing agreement of sale in 2015 in the favor of Mr. B. No sale deed was made and registered between Mr. A and Mrs A and Mr.B before 8th November 2016 to avoid the stamp duty. There is no clarity on Payment mode between Mr. B and Mr. A and Mrs. A and No idea about registered Power of attorney between Mr.A and Mrs.A and Mr.B.
Later on, in Sep 2016, Mr B (first party) made an agreement of sale of same property by mentioning "forself and on behalf of Mr A and Mrs A" to sell this property with freehold right to Mr.C (second party) for sale amount of Rs.44 Lakhs (Rs.10 lakhs as earnest money and Rs.34 as balance money to be paid at the time of registration of sale deed). Mr. C paid earnest money to Mr. B by cheque at the time of execution of agreement of sale between Mr. B and Mr.C. One thing has been mentioned in agreement is that First party shall execute the deed.
Now Mr A and Mrs A (Original Allottees) applied to DDA for freehold the property after date of agreement of sale between Mr. B and Mr.C. Mr. A and Mrs. A got conveyance deed of a house at same plot in his name i.e. Mr.A and Mrs. B in November, 2016. Now there is no construction. Only vacant plot is there. No electricity, water connection is there. No body is living there.
Mr. C had applied for bank loan to pay out balance amount of Rs.34 Lakh. That amount to be paid out to in the favour of Mr. A and Mrs A. Mr. B said he will return the Rs. 10 lakhs to Mr. C and then Mr. C will pay the amount to Mr.A and Mrs A to show as margin money for the purpose of bank loan. Now Sale deed will be made between Mr. A and Mrs A and Mr. C and same will be got registered by Mr. C.
My questions are that:
1 Whether these transaction come under purview of the Benami Transactions (Prohibition) Amendment Act, 2016.
2. Who will be the culprit?
3. There are any legal remedy available in view of Policy of Demonetisation by Central Government on 8th November, 2016.
4. Whether Mr A and Mrs A are transferring same property twice i.e. firstly from Mr. A and Mrs A to Mr. B and secondly Mr. A to Mr. C.
5. What will happen about deal made between Mr. B and Mr. C?
6. Can Mr A and Mrs A are benamidar as per Benami Transactions (Prohibition) Amendment Act, 2016. if so, Can both transfer the same property to Mr C.
What are the legal remedies to Mr A & Mrs A; Mr B and Mr C .
iqbal Singh
22 February 2017 at 20:29
I erroneously filed an M.A. for Condonation of Delay along with OA before the CAT, Principal Bench, New Delhi. But now after perusal of the critical dates involved, I came to know that there was no need for the MA for Condonation of Delay. My OA is well within the Limitation. Can I file another M.A. craving leave of the Tribunal for withdrawal of my earlier MA for Condonation of Delay and treat my OA as well within the Limitation period….
Praveen
19 February 2017 at 14:58
Sir i was charged under excise act 68/1/14 for drinking in college 4 years back. I was taken to the district and sessions court, where i was fined 200 rs , which i paid in front of CJM ,the next day..Now, i want to know whether i can get a govt job , under this case ? I am preparing for SSC and Bank jobs. Plz reply...
In case if not, what steps should i take to make myself eligible, as i am on verge of getting a good reputed central job.. PLz Help
anisha
17 February 2017 at 13:03
Sir
I work in aiims patna since 2014 before which I was at IGIMS Patna since 2012 at same grade pay as staff nurse grade II
Q1: am I eligible for pay protection even if I have not mentioned the term but followed the procedure by obtaining NOC.
Q2:Will I be given priority during quarter allotment at aiims if technical resignation is considered?
Kindly give reference for my benifit
venkat b.
16 February 2017 at 23:28
Sir,
My friend is a distributor for a MNC Company products, wherein certain discount to the tune of 40 % needed to be given to some customers regularly thereby creating an Under sale situation.
And the company would provide additional stocks to the tune of discounted amount at zero value. This is creating a VAT calculation problems.
Kindly advise what precautions needs to be taken to continue to be in this business.
regards.
Amit Singh
16 February 2017 at 15:42
We want to know that how to enter share in Khata-Khatauni.
The share division in a property mention below:
A have 50.65%
B have 16.45%
C have 16.45%
D have 16.45%
In traditional way khata-khatauni have all four name A, B, C & D with Khata No. & total land area.
Note: The share comes from inheritance property from registered will.
jatinder kumar
15 February 2017 at 21:41
tenancy of urban property in 2014 but document of tenancy not registered as per the punjab rent act.
document of tenancy should be registered. now what is the remedy for the landlord. in view of citation 2016 (1) RCR (R) 525 CR number 3509 of 2014 decided on 9-5-2016 by justice ajay tiwari punjab and haryana h cthe provision of east punjab urban rent rest. act are not applicable to the tenancy commenced after 30-11-2013
thanks
please revert asap
niky......
15 February 2017 at 20:17
Hello Respected Experts,
The case is regarding evac of a old rented house which is filed by plaintiff based on false grounds. We are the Defendants, landlord being the Plaintiff. I am the C.A of Defendant (son) and defending my own case. Not that I am a lawyer but circumstances has forced me to do it myself. Defendant being very old person (90+) cannot come to court to take cross examination of Plaintiff. For 2 hearings the cross examination happened which was taken by me. But in 3rd hearing, suddenly Plaintiff's laywer brought a point that a C.A of Defendant cannot take cross examination, it needs to be Defendant himself. Is this correct?
Even if this is correct, and Defendant is old and cannot come to court so what can I do to tell/convince court that let me continue to take the pending cross examination?
Please advise. Thank you.
Anonymous
15 February 2017 at 16:10
Pleas sir help me.
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Regarding w.p.
Good evening respected jury,
A W.P. was filed challenging D R T orders to
pay 5,00,000 & squash the order. The Hon'ble
H.C. passed an order to pay 2,00,000 giving
4 weeks time.
The amount could not be paid in time in the
mean while the issued Physical position notice giving 7 days time, basing on the
magistrate's order.
I filed an IA to stay the physical position
and paid 2,00,000 as per the directions or the court.
The H.C. stayed the physical position.
What happens to the DRT order after I paying the amount ?
What happens to physical position notice
issued by the bank ?
Have I to file again a separate IA to squash the physical position notice issued
by the bank.
Please advice the correct procedure
Tks..