gosc
18 June 2012 at 10:41
I would like to know the rules for the profession Tax – recoverable towards Chennai Corporation. Please give the rules / definitions for the applicability to individuals / to organisations – particularly whether it is applicable to non-profitable establishments staff.Or whether Professional Tax is applicable to all employees/workers without any regard to the category of the organization please clarify.
S.Ram
varma
18 June 2012 at 09:05
lakshmi has 3 sons namely Ram(35Y),Raju(33Y) & Satya(30Y). In year 1985,lakshmi given her propety 4.2 acres of land through Will in name of Raju 2 sons say 'A' & 'B' - 2.1 acre & satya '1' son say 'C' -2.1 acre & that WILL also registered in subregister office.
Main contents in WILL are
1)Raju & Satya can enjoy the property of 2.1 acre & 2.1 acre till their death but no rights for sold the property.
2)After death of Raju,his 2 sons say 'A' &'B' get ownership rights on 2.1 acre & after death of satya,his only son say 'C' get ownership rights on 2.1 acre land.
Lakshmi was died in year 1988.But before her death ,Ram &satya become unique & created fraud GPA for 1 acre land of Raju on name of satya in year 1987 & same land was sold to Mr Ram on 5 Rs stamp paper but was not registered.
In year 1988,Raju came to know that out of his 2.1 acre his 1 acre land was sold to Ram on 5Rs stamp paper by satya through registered GPA in year 1987.
In year 1989,Mr Raju had filed suit on Satya & ram for making fraud GPA & for declaration of Title.But unfortunately,the case was lost in year 2000 & Mr Raju appealed the suit in High court in year 2000 .
During running the case in court,Ram had died.Now Ram son say 'D'had sold the entire property by making plots in year 2002 & same is reported to court .
Court had ordered enquiry commission for tracing whether land was sold or not. Infront of enquiry commission,'D' had said that he sold the property of another 1acre land which is in same survey but not land of Raju.
since ,Encumbrance certificate also not clear about sold property,enquiry commission also gave positive report for 'D'.From that day onwards to now, the property has changed to 2 to 3 hands through sale registeration but case was running in court.
In year 2006,Mr Raju had died.In year 2009 ,Mr Satya had died.After death of satya,one of the the plot holder constructed the 2 floor house in 700 sq yds & same is mrtgaged to finance company also.In year 2012,Mr 'D' had also death.
Now the case was running i.e Mr 'A' & 'B' had suit on Mr 'C'& 'D sons'.
In year 2012, A & B applies EC for that building & they got all proofs that their land was sold to others & enquire commission report also wrong.All photo also available.Now my questio is
1)since that emty land was not developed till year 2007 & in year 2008 only same part of land was developed i.e house was built by plot holder.PLZ give suggstion how to aproch the case,so that A & B can increase winning of chance
2) whether 'A' & 'B' can prayed in court for immidiate injuction for vacate of house from plot holder
3)Whether Building plot holder also any chance of winning the case as he was alredy constructed the house which was brought during running the case in court
4)If A & B success proving that 1 acre of land was sod,then it will become adverse to Mr C &'D'.
5)If GPA of satya is proved as genual but stamp duty is not sufficuent for solding the land to ram & since Lakshmi had died..In this situation who will get winning of chance.
KAILASH KUMAR SINGHANIA
17 June 2012 at 22:06
Sohan Lal
Muni Ram Balli Ram
Wife- Godawari Devi Gauri Shankar Badri Prasad Wife- Suati Devi Gauri Shankar and Badri Prasad is not Real brother
Land Purchase in individual Name
Om Parkash Binod ( Adopted ) ( first son of Om Parkash adopted by badri prasad )
Binod Bahadur Rohit Gopal Ravi Kailash Praveen
we have land :---
1 Sapwa tola land purchase in the name of Gauri Shankar, Godavari Devi and Om Prakash ( Approx. 34 ekar and valuation 75% of our property)- Grade A
2 Khadda and Saraiyan land, about 50% in the name of Gauri Shankar and 50% in the name of Badri Prasad (Approx. 50 ekar and 15% valuation of our property )- Grade B, C & D
3 Kela Bagh Land, all in the name of Gauri Shankar ( approx. 13 ekar and 5% in valuation) - Grade B & C
4 Manwa Pul Land, all in name of gauri shankar and godavari devi ( approx. 7 ekar and 7% in valuation ) - Grade A
5 5 residential and commertial town land and property all are in the joint name of Binod and Om Parkash ( approx. 3% in valuation )- Grade A
Binod Lal provided 1978 parterner ship firm inccometax proof and agreement letter for such partner ship firm.
so far, my knowledge is to concern, in 1995 land ceiling act. came into effect and a case has been registered on us
in 1995, in land ceiling case, Binod given a written statement that I am not different, but I am a part of om prakash family and equal sharer with other six, but Binod
retained here his father name with him as Badri Prasad. I mean Binod known as Binod kumar singhania S/o Late Badri Prasad
he created first unit as our brother and second unit for Suati Devi as his mother ( wife of Late Badri Prasad )
Binod created total 9 units and taken 2 units for him ( one as brother and second of Suati Devi ( Suati Devi was alive in 1995 )
Binod lal also somehow manage to take signature of all of us on a blak rolling paper for all these ceiling activity, at that time our youngest brother Praveen was minor,
but Binod lal somehow manage a Pan card for Praveen, giving the age as he has completed 18 yrs age.
Total Land has been divided in 4 grade ( A, B, C & D ), Binod created his two units of only grade A ( mostly of Sapwa Tola - most valuable land in the name of Gauri Shankar )
and rest B, C & D has been divided in 7 units for all of us.
Binod kumar done all these things to save the land from ceiling, but he given it as name of partition
He also given a statement that every thing is happening with the consent of us.
court done dakhil and kharij and sent it to anchal for jamabandi, jamabandi is running since 1995 in all 9 unit halders name.
at the time of that partition Manwapul land and 5 Residential Land ( No. 4 & 5) was not distributed among 9 units
I ( Kailash ) Want :---
Either 9 equal share in all Grade A, B, C & D land to all unitholders. Or
Badri Prasad property to Binod lal and Gauri Prasad property to Om Parkash and his 6 son
KAILASH KUMAR SINGHANIA
17 June 2012 at 22:04
Sohan Lal
Muni Ram Balli Ram
Wife- Godawari Devi Gauri Shankar Badri Prasad Wife- Suati Devi Gauri Shankar and Badri Prasad is not Real brother
Land Purchase in individual Name
Om Parkash Binod ( Adopted ) ( first son of Om Parkash adopted by badri prasad )
Binod Bahadur Rohit Gopal Ravi Kailash Praveen
we have land :---
1 Sapwa tola land purchase in the name of Gauri Shankar, Godavari Devi and Om Prakash ( Approx. 34 ekar and valuation 75% of our property)- Grade A
2 Khadda and Saraiyan land, about 50% in the name of Gauri Shankar and 50% in the name of Badri Prasad (Approx. 50 ekar and 15% valuation of our property )- Grade B, C & D
3 Kela Bagh Land, all in the name of Gauri Shankar ( approx. 13 ekar and 5% in valuation) - Grade B & C
4 Manwa Pul Land, all in name of gauri shankar and godavari devi ( approx. 7 ekar and 7% in valuation ) - Grade A
5 5 residential and commertial town land and property all are in the joint name of Binod and Om Parkash ( approx. 3% in valuation )- Grade A
Binod Lal provided 1978 parterner ship firm inccometax proof and agreement letter for such partner ship firm.
so far, my knowledge is to concern, in 1995 land ceiling act. came into effect and a case has been registered on us
in 1995, in land ceiling case, Binod given a written statement that I am not different, but I am a part of om prakash family and equal sharer with other six, but Binod
retained here his father name with him as Badri Prasad. I mean Binod known as Binod kumar singhania S/o Late Badri Prasad
he created first unit as our brother and second unit for Suati Devi as his mother ( wife of Late Badri Prasad )
Binod created total 9 units and taken 2 units for him ( one as brother and second of Suati Devi ( Suati Devi was alive in 1995 )
Binod lal also somehow manage to take signature of all of us on a blak rolling paper for all these ceiling activity, at that time our youngest brother Praveen was minor,
but Binod lal somehow manage a Pan card for Praveen, giving the age as he has completed 18 yrs age.
Total Land has been divided in 4 grade ( A, B, C & D ), Binod created his two units of only grade A ( mostly of Sapwa Tola - most valuable land in the name of Gauri Shankar )
and rest B, C & D has been divided in 7 units for all of us.
Binod kumar done all these things to save the land from ceiling, but he given it as name of partition
He also given a statement that every thing is happening with the consent of us.
court done dakhil and kharij and sent it to anchal for jamabandi, jamabandi is running since 1995 in all 9 unit halders name.
at the time of that partition Manwapul land and 5 Residential Land ( No. 4 & 5) was not distributed among 9 units
I ( Kailash ) Want :---
Either 9 equal share in all Grade A, B, C & D land to all unitholders. Or
Badri Prasad property to Binod lal and Gauri Prasad property to Om Parkash and his 6 son
P V VAITHYANATHAN
17 June 2012 at 20:54
I am 70 years old, and own a flat in Chennai. Recently the owners of our flat decided to go in for a joint development of our property with a contractor. Each flat owner now receives a lumpsum as goodwill money from the contractor. Please let me know whether this goodwill money is taxable in any way. If so, how to avoid or minimise the same? Appreciate your valuable advices. Thanks.
khalid masood
17 June 2012 at 16:21
My client has given 2 properties as collateral security to a nationalised bank for availing some overdraft facilities. His has been a loan account for the last ten years. His loan account has been classified as NPA for the last one and half years and bank has tried to sell his properties in public auction after serving SARFEASI notice,but it could not succeed due to want of buyers. My client has got customer for one of the two properties and hence he took him to the bank and asked for redemption of that particular property.But bank is against this proposal and suggested that unless he brings customer for both the properties they cannot release the mortgage.When my client pointed out that 75% of the debt would be cleared by selling of this one asset and he would bring customer for the second asset after some time they did not budge. They seem to have told my client that partial release of mortgage is not possible as rules do not permit them.Can any one of the experts throw some light on this issue. When my client persisted with his demand saying that principal along with interest is accumulating bank was ready to accept this proposal but refused to release the title papers of that property and also says that they would not issue mortgage discharge letter pertaining to that property. More ever he was told that they would release the title papers only when both the properties are sold. My question is whether partial discharge of mortgage is possible or not? Why cant bank give title deeds and NOC for this particular property? Thanking u in advance.
varma
17 June 2012 at 11:59
sir,
lakshmi has 3 sons namely Ram(35Y),Raju(33Y) & Satya(30Y). In year 1985,lakshmi given her propety 4.2 acres of land through Will in name of Raju 2 sons say 'A' & 'B' - 2.1 acre & satya '1' son say 'C' -2.1 acre & that WILL also registered in subregister office.
Main contents in WILL are
1)Raju & Satya can enjoy the property of 2.1 acre & 2.1 acre till their death but no rights for sold the property.
2)After death of Raju,his 2 sons say 'A' &'B' get ownership rights on 2.1 acre & after death of satya,his only son say 'C' get ownership rights on 2.1 acre land.
Lakshmi was died in year 1988.But before her death ,Ram &satya become unique & created fraud GPA for 1 acre land of Raju on name of satya in year 1987 & same land was sold to Mr Ram on 5 Rs stamp paper but was not registered.
In year 1988,Raju came to know that out of his 2.1 acre his 1 acre land was sold to Ram on 5Rs stamp paper by satya through registered GPA in year 1987.
In year 1989,Mr Raju had filed suit on Satya & ram for making fraud GPA & for declaration of Title.But unfortunately,the case was lost in year 2000 & Mr Raju appealed the suit in High court in year 2000 .
During running the case in court,Ram had died.Now Ram son say 'D'had sold the entire property by making plots in year 2002 & same is reported to court .
Court had ordered enquiry commission for tracing whether land was sold or not. Infront of enquiry commission,'D' had said that he sold the property of another 1acre land which is in same survey but not land of Raju.
since ,Encumbrance certificate also not clear about sold property,enquiry commission also gave positive report for 'D'.From that day onwards to now, the property has changed to 2 to 3 hands through sale registeration but case was running in court.
In year 2006,Mr Raju had died.In year 2009 ,Mr Satya had died.After death of satya,one of the the plot holder constructed the 2 floor house in 700 sq yds & same is mrtgaged to finance company also.In year 2012,Mr 'D' had also death.
Now the case was running i.e Mr 'A' & 'B' had suit on Mr 'C'& 'D sons'.
In year 2012, A & B applies EC for that building & they got all proofs that their land was sold to others & enquire commission report also wrong.All photo also available.Now my questio is
1)since that emty land was not developed till year 2007 & in year 2008 only same part of land was developed i.e house was built by plot holder.PLZ give suggstion how to aproch the case,so that A & B can increase winning of chance
2) whether 'A' & 'B' can prayed in court for immidiate injuction for vacate of land from plot holder
3)Whether Building plot holder also any chance of winning the case as he was alredy aonstructed the house which was brought during running the case in court
4)At time of constuction of house,A & B had objected the plot holder & it was denied but it was not reported to court but now they are ready to inform i court.
PLZ give necessary suggestion regarding winning of case by 'A' &'B'
B.S.Tanwar
15 June 2012 at 12:42
When a company give share stamp duty to revenue department, on the covering letter company has to affix a court fee stamp, in which act or notification/order mentioned information related to court fee stamp? where is table related to court fee stamp mentioned .
rajesh
15 June 2012 at 12:22
author : rajesh
Posted about 22 hours ago
in suit for bare injuction the trial court errored by decreeing
then we approached senior as RA there appelete court reversed trial court ordered in our favour. It was ordered in our favour in high court, karnataka & supreme court of india in our favour. Now they have approaced first time suit for posession as thier name are in extract copy but dont have blue print who constructed the shop. Brief fact of case- The suit is multi storied our posession is in ground floor from 1971. suit is of ground floor and opposites are in first floor. now the query is of adverse or limitation. We have not put counter claim. We only want case to be dismissed. so request is for citations and any good sugesstion or documents. Pls. help
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Co-operative act
As per section 59 of West Bengal Co-Operative Societies Act,2006, the co-operative bank is entitled to deduct the defaulting amount/debt/other demand of the borrower from the salary, wages or gratuity payment by the employer and in this respect an undertaking agreement generally is entered between the borrower and the bank in order to secure such demand. In addition, the employer is legally liable as a Deemed surety to pay the debt as demanded by the bank, failing which necessary interest may be imposed by the bank to such employer.
1) Whether the employer statutorily will be binding for such payment/demand as made by the bank as the concerned employer is not a party to the undertaking agreement ?
2) Whether the bank can touch the gratuity payment of the borrower in case recovery of loan amount?
3) Whether SARFASI Act will be applicable for co-operative bank ?
4) Your views.