harsha
03 August 2015 at 13:26
MR.A HAS TAKEN PROPERTY IN 1944 THROUGH a SALE DEED and transferred a part OF THE PROPERTY to his brother MR B & MR C in 1965 through a Katha transfer respectively.
NOW MR.B SOLD THE PROPERTY (only his land ) TO MR x THROUGH SALE DEED IN 2009
Q 1)IS THE MR X RIGHTS ARE CLEAR.
(NOTE SONS OF MR A , KNOWN THE ABOVE TRANCTION AND STAY IN ONE PART OF THE PROPERTY which belongs them.) THE PROPERTY IS KARNATAKA.
neelam
03 August 2015 at 13:24
gud afternoon..
Meri dadi ji ki death abhi kuch din pehle hui h hamari house property unke nam thi and is property k 4 log haqdar h. dadi k 4 bete h. 2 bete ground floor per rehte h or 2 bete first floor per. hum lof first floor per rehte h and uper ka portion kuch is tarah se bata h ki 6 room me se 3 room chachu k pas h and 3 room hamare pas. lekin angan common h even let/ bath ki galery bhi common h and bahar jane ka rasta bhi common h. chachu ab chahte h ki wo apna portion let out ker de coz wo kahi or reh rahe h. unhone apna portion lock ker rakha h.
hm ni chahte ki portion let out ho coz kafi area common h.
abhi property transfer ni hui h kisi k bhi nam. hum sirf hamare portion me reh rahe h bus.
mere ye questions h..
1. kya chahu hamari bina permission k property let out ker skte h?
2. agar jabardasti kirayedar rakhne lage to kya hum use rok sakte h? agar ha to kaise? hum kya procedure le sakte h iske lie?
3. meri 3 bua h kya wo bhi is property me baraber ki hissedar h? chachu and tau ji bua to hissa ni dena chahte.
4. propety apne nam per transfer karane k kya procedure h? and kya uske bad chahu apna portion let out ker skte h agar area common h to without our consent ?
please reply as aaj kal chahu ne preshan ker rakha h.
Thank you for your valuable time.
siril
03 August 2015 at 12:18
Can any one provide me the address of consultant they have represented before central excise case of rice mill machinery manufactures association of india
The case fact mentioned below
lassification of rice parboiling machinery -reg
Circular No 924/ 14/2010-CX
F.No. 167/42/ 2009-CX.4
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Custom
.....
New Delhi, the 19 May, 2010
To,
All the Chief Commissioner of Central Excise,
All the Chief Commissioner of Customs
All the Director General
All Commissioners,
Sir,
Subject: Classification of rice parboiling machinery -reg
It has been brought to the notice of the Board that classification of Rice parboiling machinery is being disputed in certain jurisdictions. Two tariff headings under consideration for its classification are 8419 or 8437. It has been represented by the Rice Mill Machinery Manufacturers Association that the practice so far followed by the department was not to charge excise duty for many years but suddenly it has been sought to charge duty on these machines by proposing classification under heading 8419. The matter has been examined by the Board.
2. Paddy processing plant consists of sections with functions like parboiling, drying, rice milling and polishing . Parboiling plants and drier plants are used for steaming and drying paddy and also for reducing the moisture content in the paddy. The processed paddy is then sent to subsequent sections where husking, hauling, milling and polishing are undertaken. Briefly, parboiling process involves three stages, namely, pre-steaming, soaking and steaming. In the first stage, clean raw paddy is steamed for 3 to 5 minutes. In the second stage, pre-steamed paddy is soaked in water tanks for about 4-5 hours. In the last stage, the soaked paddy is passed through steaming process for 3-5 minutes. Subsequently, steamed rice are dried in a dryer. The dryer is also supplied alongwith parboiling rice machinery. It has been mentioned by the Association that 100% of parboil plant and equipment are used only in rice mill industry and that the parboiling process is exclusive to paddy. It has also been contended by the Association that parboiling units are integral part of rice mill. Subsequent to the parboiling process, the further process of dehusking and drying is carried out in the same unit. Therefore, parboiling rice machinery is an integral part of rice mill plant. Thus it has been argued by the Association that these machines merit classification under heading 8419 because of following main grounds:
i. Rice parboiling machineries are used only in rice mill plant.
ii. These are integral part of rice processing plant and these cannot function in isolation. Therefore, function of Rice parboiling machinery/ drying unit is complementary to other function of rice processing plant.
3. On the other hand, in support of classifying it under tariff heading 8419, it has been argued that Parboiling and drier plants perform the function of steaming and drying which are independent of milling and these occur before milling process. Therefore it has been viewed that parboiling and drier plant are not essential and integral part of rice mill and therefore it would merit classification under heading 8419. It has also been opened that machinery performing specific functions like steaming or drying are specifically covered by heading 8419. Further, reference has also been made to Chapter Note 2 to Chapter 84 to justify the classification under heading 8419.
4.1 On examination of the issue, the Board observes that the General rules for interpretation of Central Excise Tariff provide that “for legal purposes, classification shall be determined according to the terms of the headings and any relative Sect
RAJESH SHARMA
03 August 2015 at 11:54
what is the meanSpecial Appeal Defective
raviteja
31 July 2015 at 15:45
sir, my grand father has got some property from his father and my grand father has 4 sons and my father is the last and my grand father was transfering that property without the willingness of my father and i need help to stop that registration. please help me in this matter.
manjit Singh
31 July 2015 at 15:12
Sir,
My grandfather died in 1995 Feb and has written a will of which a copy i had in which he had bifurcated his 240 yards house to 4 brothers as per map showing proper marking as per names but nobody had cared to registered it as per law and my father also died in April 1995 and my grandmother also died in June 1995 and my father has not left any will behind, my mother is alive and i had one sister also who is married that now i want to sell that property a portion of that house as per will left by my grand father.now i want to make the RD of my portion and as my mother and sister is ready to transfer the rights to me.now please tell me how to make the RD in my favor as the said WILL is not registered and moreover brothers of my father is not alive at present and my uncles widows daughter in law in staying in their portion of house divided as per WILL and marking of the House.Please guide me.
Venkat
31 July 2015 at 12:27
Duni Chand distributed his property by "deed of Will" to his 4 sons, and his wife, in 1944. The property is situated in Kasauli, Himachal Pradesh. Since the land was of Defense, meaning Government of India, and was alloted on the basis of old grant and as such mutation was entered in GLR (General Land Register) by Military Estate Officer -- at designation of Defence Estate Officer.
Question is: Once an entry is made in the GLR in 1944, could Duni Chand re-gift that property to another person in 1954, without a Court Order especially when the property remained mutated for 10 years in the name of the persons mentioned in the "deed of will"
hemanshu
31 July 2015 at 09:57
can we amend the suit for partition, in the main suit, suit property was 4acers, now i want to show 20acers as ancestral property with documentary proof
but in amendment body of the plaint completely changes
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