Nidhi
26 July 2012 at 09:46
Dear Sir,
One of my client is shopping Mall, who has given shops on rent to retailers for which they have entered ito an leave & licence agreeement with them. In agreemnet they have also inserted a cluase of having minimum Rs. 1 cr. as paid up capital of retailers. In few cases they have not inserted such clause. If paid up capital is below Rs. 1 Cr. then Maharastra Rent Control Act will be applicable. I want to know what are the provisions of MRCA which will not be favourable to Mall owners & hence they have to ensure minimum paid up capital clause in their agreements.
Faiz
26 July 2012 at 00:46
In the state of U.P. (Bulandshahr) my father had given various properties- houses, shops & open lands to different people under "Registered Permanent lease". Please note that document does not say 99 years, but 'hamesha hamesha' or 'patta dawami'. All rights were given to the tenants including renting out, construction/alteration and above all 'Right to Transfer his Rights(further)'.
Premimium (Nazrana) was also taken from the tenant at the time of registration of document.
The only right my father had reserved with himself was the 'right to evict the tenant in case he fails to pay half rupee per year'. My father died in 1988 and i have never realised any rent from them after his death, neither i have any old rent receipts, if there were any.
Now these tenants claim themselves to be the absolute owners of the properties held by them. Many of them have even SOLD the properties calling themselves as the owners in the sale deed.
My questions are:
1. Do i still have ownership over these properties?
2. If yes, proceedings shall be done under rent control act of T.P. Act? if there is an option which is faster?
3. Is it true what i have heard that rent control doesnt apply in case of permanent leases?
4. If they are still my tenants, can i sell/ transfer my "ownership rights" to a third person?
5. Can i go to the court to get a higher rent fixed as per market rates ?
6. Can i also initiate criminal procceedings against those who have sold the properties calling themselves as owners of property?
7. After my father's death, was it supposed to be the tenant's duty to deposit rent (half rupee per year) in the court or send it to me?
Thanks a lot in anticipation.
Faiz
Member (Account Deleted)
25 July 2012 at 23:49
we had been thinking that the house we have been living for years now was in name of my grandmother purchased by my grandfather late in 1950's. Grandfather had a son from first wife(my step uncle)and two children from second wife(my dad as one of them). Grandfather died in 1999 intestate.Grandmother died in 2010 intestate.Now the man from first wife (step uncle) has filed a case against my father asking for his 1/3rd share in the property. He has produced a paper in court which shows that my grandmother had released the property to my grandfather in 1974 to which (my step uncle)was a witness himself and that the release was registered..But my father clearly remembers that in 1984,my grandmother had signed all papers/formalities in order to construct a house on that plot..Also after my grandmothers death,bill for house tax is coming on my grandmothers name only. I want to know- In case a woman on who's name a plot has been purchased releases the land to her spouse,does the title not transfer to the spouse? how can the house tax be on my grandmother's name if the release was registered? If the property had been released on his name,Why was my grandfather not authorized to sign in 1984,when we wanted to start construction and why my grandmother signed that time?
Vaibhavi
25 July 2012 at 19:49
Does Auction take place if the Insolvent fails to pay the amount asked to pay by Court ??? OR Is there any Clause where in Insolvency where the furniture and any household things are been sealed by Court ???
Rama mohan Acharya
25 July 2012 at 17:20
The case in brief is that the Industrial tribunal passed an award holding the applicant as the employees of the establishment and directed to regularised them(they were contract labours) without back wages. Management preferred a Writ in high court challenging the award. Simultaneously the union has also filed a writ for back wages. Both writs are pending for disposal without any interim order. After few days union filed an application before the RLC(c) for implementation of the award.RLC(C) started discussion with both parties. Again after few days union filed another application before RLC(C) u/s 33C(2) of ID Act.
My querry is whether the RLC can conduct proceedings while the very award is challenged by both parties in High Court?
If no, any citation, rule position may please be provided & oblige.
RAJESH CHOUDHARY
24 July 2012 at 12:54
An assessee died after completion of financial year (in May 2012), he has lot of capital gain. His representative has to file IT return, can his representative invest money in capital gain account scheme u/s 54B and 54F to claim exemption in his (assessee) name? If not then what is remedy available with representative to save tax?
Himanshu Binani
24 July 2012 at 10:13
Dear Sir/madam,
An assessee has received some loan from some person on which no interest has been charged by the party. Can the A.O treat the same as gift received and charge it under other sources. OR
There is no problem if the loan taken is shown in the books without any interest liability.
Thus it arises an important question that whether every loan taken or given has to bear interest.
Abhishek Mawle
23 July 2012 at 22:04
My mother had filed a tax evasion petition against our neighbor with the income tax department subsequently she also filed RTI to know the status of the same but the Assistant Director of Income tax has denied the information vide notification dt 27/03/2008 that office of director of income tax investigation is in the second schedule of RTI act hence provisons of RTI act are not applicable to his office as per sub section (1) of section 24 of RTI act.Please advise how can we get information.
Rahul Singh
23 July 2012 at 20:36
In the case the insured(owner)had died much before the date of accident, vehicle was transfered in wife's name after 5 months of the period of expiry of policy.Permit was in the name of dead(owner)on the date of accident.Ins.policy covers the date of accident. Claim has been filed by a third person for hit by this vehicle. What is the status of Ins.Co. in the matter and whether co. is liable or not. Kindly guide and also if there is any judg. on the point do share it.
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Regarding shares
Dear Sir,
I and my cousin jointly held 400 andhra bank shares(200 each).Actually I paid for all the 400 shares.we took shares from primary market.Iam the primary applicant.Due to family problems we both are seperated now.Shares are in physical format and all the share certificates are with my cousin only.Without my knowledge he forged my signature and transferred 300 shares to his account.When I recieve dividend for 100 shares,I got shocked and emailed to andhrabank shares division.They replied that In december 2010, 300 sahres were transferred on my cousin name.Please advice me what to do?This has happened without my knowledge.
Thank you sir,C.Ramesh