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Anonymous   07 November 2011 at 10:00

Property

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

Sale of flat

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

Possesion of my flat

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

Ssi exemption unde central excise

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

Desined suit

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

Central excise

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

Penalty under ap vat act

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

Anonymous   02 November 2011 at 03:15

Retirement plan which is entirely exempt from judgments and bankruptcy

Do we have any retirement plan or any kind of trust or scheme in India which is entirely exempt from judgments and bankruptcy?

Something like the Private Retirement Plan mentioned at this website http://www.rjmintz.com/retirement-plans/

Or something like the Married Women’s Property Act, 1874 mentioned at this website http://www.vakilno1.com/bareacts/Laws/The-Married-Womens-Property-Act-1874.htm

varma   01 November 2011 at 15:19

Absolute owner

http://www.lawyersclubindia.com/experts/Absolute-true-owner-235501.asp

In above link as i did not get exact answer I am continuing for above link..
sir,
any of my neighbour i.e 4 side of my house not showing interest in involving in this legal litigant.So I decided to go with outside defendnt.Now
1)Any one can design a suit for me for my above link query for how to become me as plantiff praying in court for relief of permanent injuction which involves indirectly me as absolute owner(only relief suit but not declaratory title suit) for my property against defendant.
NOTE:My plan is here I want to suit on defendant(dummy).After suit defendant does not respond for court summon.Then I will pray for EXPARTE decree for permanent relief by showing all my proofs & declared decree in my favour

E J SANCHIS   01 November 2011 at 15:03

Associate membership of cooperative housing society

My mother who was the first owner died without making a Nomination or a Will. Our youngest brother is the second owner in the Agreement. We are remaining seven siblings. We wish to become Associate members of the Society. Please advise how to go about it.

Col EJ Sanchis