Anonymous
07 November 2011 at 18:20
Sir,
The cousin brother of my husband say “O “ was recommended an alternative plot by delhi govt. in lieu of his land acquired in delhi. The “O” sold the rights of said plot to “X” in 1999 and several documents like ATS, GPA IN FAVOUR OF “X” after receiving the entire consideration from “X and even a “Will” WAS EXECUTED BY “O” IN FSAVOUR OF “X” which was registered at SR delhi . In april 2000 a plot was allotted to “O” by dda . The intimation of allotment was not sent to “X” . In july 2000 the “O” executed a Will of that said plot in my favour . The said plot was thereafter cancelled BY DUE TO NON-PAYMENT by “O” . Thereafter as per policy another plot was allotted to “O” by dda in july 2003 . Thereafter AFTER THE ALLOTMENT OF THE NEW PLOT in august 2003 “O” expired . After “O “ s death I showed the said Will EXECUTED BY “o” IN MY FAVOUR to dda official and requested him to mutate the property in my name but dda verbally told me that the said plot cannot me mutated in my name as the property number is different ( the will is having the earlier plot number allotted to “O”) . Thereafter my husband , as legal heir of “O”, applied for mutation in dda and managed to get the mutation in his name . The dda as per policy entered my name also in perpetual lease along with my husband . Thereafter we sold the said property to some one else. Therefter my husband died . Thereafter in 2009 “X” applied for the probate of the WILL of “O” executed by “O” in his favour in 1999. The court notice was issued and served to me . My advocate appeared on first date and told the court that he will file reply . Thereafter ,as per my instructions my advocate , did not appeared as I had already sold the property . The court then granted ex parte probate order and LOA in favour of “X” . The “X” is now claiming his right over the said property on the basis of LOA . In the meanwhile the children of the real brother of “O” has also come to know that I and my husband have got the mutation in our name and sold the property to some one else . They have also given NOC to dda to mutate the property in favor of “X” . Now both “X” and the children of the real brother of “O” are threatening to file cheating and fraud case against me .
Now my query is HOW CAN I RETAIN MY PROPERTY . ? 2. WILL THE PROPERTY GO AWAY FROM MY HANDS ? 3 WHAT ARE THE LEGAL REMEDIES AVAILABLE TO ME ? PLEASE HELP
deepak
07 November 2011 at 10:39
jugement issues,1)do plaintiffs prove their right,title & interest oversuit prop.2)do plaintiffs prove that defend.are in permissive possession of the suit prop.3)do defend.prove that they are posseessing sit prop. in their independ. capacity as tenant?4)do plaint. prover that they own the entire material of the suit shop?5)whether plaint. are entittled for the reliefs claimed?6)what order & cost?Findings answer,1)yes,2)yes,3)no,4)yes,5)yes,6)as per inal order.ORDER,suit stands decreed with costs. defend. are hreby restrained by order of injun. from working or conducting saloon business in suit shop having shop xyz. H.C.FIRST Appeal for stay,order is pending.notice U.XXIrule 22&32(1) served for exition.can i get possession of the suit permissive? 2)i ask for civil prison & attachment ofsuit property?
Anonymous
07 November 2011 at 10:00
The cousin brother say "O" of my husband was recommended a plot under dda alternative scheme . The "O " had already sold the rights of the plot to be allotted to some third party in 1998 and also executed a Will in his favor . Thereafter "O" was allotted the plot by dda . The "O" thereafter executed a Will in my favour in respect to the said partricular plot allotted . thereafter the dda cancelled that particular plot due to non payment and allotted a fresh plot as second chance. After the death of "O" i showed the Will to the dda and requested them to mutate the property in my name but the dda refused to do so as the plot number was different in the Will . Thereafter my husband some how on the basis of legal heir got the mutation of that property done in his name . thereafter my husband sold that plot to soimebody else. thereafter my husband died In 2009 the purchaser filed the probate of the Will executed by "O " in his favour . The n otice was isuued to me . My advocate appeared and requested to the court that he will file reply . thereafter my advocate did not go to court and the matter was proceeded ex parte and the Will was probated in purchasers favour . Now the children of the real brother of my husbands cousin brother has come to know that the mutation has been done by dda in my husbands name . They are now asking the dda to cancel the mutation and mutatye it in their name and are also threatening of filing FIR against me for fraud . please advise how to retain the plot and what are the legal remedies available to me.
niraj
06 November 2011 at 19:57
I bought a flat in 2005 January and did the payments as asked by the builder in regular intervals. I bought another flat in 2009 Aug and took possesion of this flat in July 2011. Till now I have not got the possesion of the earlier flat bought in 2005 and have been advised to sell my allotment or transfer it before the possesion as I can avail long term tax benefits . Is that right?
niraj
06 November 2011 at 19:51
Sir i got possesion of my flat in July11 and after that I did few changes in the internal wall without disturbing any columb or casting or pipeline just for the sake of vastu. Now the builder is saying that they will not allow any changes as they have still not got the completion certificate and telling me to redo it like before though now I am doing the fitouts. Pls tell me as how they gave possesion without obtaining completion cert and now what is my position legally.
G.JAYAPRAKASH
04 November 2011 at 15:10
AN ASSESSEE CAN AVAIL THE SMALL SCALE EXEMPTION UPTO 1.5 CRORE VALUE OF GOODS PRODUCED OR MFD IN A FINANCIAL YEAR AND IT HAS TO BE AVAILED FROM THE BEGINING OF THE FINANCIAL YEAR.tHE SAME IS APPLICABLE FOR A MANUFACTURER FROM ONE OR MORE FACTORIES OR BY DIFFERENT MANUFACTIRERS FROM ONE FACTORY.tHE SAME CANNOT BE AVAILED OR DIS CONTINUED MID WAY IN A FINANCIAL YEAR . THIS IS AS PER MY UNDERSTANDING OF THE PROVISIONS.
G.JAYAPRAKASH
SUPERINTENDENT, CE
varma
04 November 2011 at 11:44
sir,
I requested to all experts (Advocates: prabakaran sir,makkad sir,ajay setti sir,ramachandran sir, shonee kapoor sir....) PLZ reply for my query for below link which I posted on 3/11/11 but I did not get full answer..
http://www.lawyersclubindia.com/experts/Design-a-suit-245186.asp
Anonymous
03 November 2011 at 21:51
My client has an SSI unit who were were under Central Exise for whom 1.5 cr is exempted every year (not crossed 4 cr in any previous year)
During FY 10-11 they had opted for Central excise payment from 1st of April itself and paid duties till july. During Aug this unit shifted their premises to new location which comes in different range and commissionerate in same city. Before shifting they have surrendered the license.
After shifting to new unit they have not gone for execise regn immdlty and not charged duties in their bills from Aug to Nov. They have taken new license when total company turnover neared 1.5 cr (including 50 laksh done in previous premises)
My queries are:
- is there any issue because they have not taken new license in new premises immdlty and not started paying duty immdlty.
- Are they now liable for duty payment during the period they have not registered or not charged to customers.(Aug to nOv revenue in new premises)
- if they are liable to pay - can they charge this to customers to customer through debit note and can customers take cenvat credit based on this debit note. (they were not having registration during the period of this billing in new premises)
- Is there any provision for a company if they wish to surrender the license in middle of the year and re-start again?
- is there any case laws on this
Anonymous
03 November 2011 at 18:20
respected sir
i have made underdeclaration of out put tax amounting to rs20000 for the month of april-2011.but there is no tax loss to the government as i have a carriforward of rs 45000 for the end of april -2011.
i like to know that , whether the above case of under declaration is liable for penalty or not .my contension is that although there is under declaration of out put , there is no tax loss to the govt. so penalty is not levieble.some one may please clarify
thanking you
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Accident claim macp
i met with an accident 12 years back. had major injuries and the case was in the court for more than 12 years.
i got a claim passed but again the ratio of 70: 30 and i am jobless for more than 5 years now. i am an educated person and can start some small business if i get the money.
i was just 35 years old when met with the accident but today i am 47.
what will i do with the money after six years .
and how would i survive till then. is there a law where here are provisions for relaxations in this supreme court( they say) verdict.? can any expert help ?