Anonymous
17 March 2011 at 13:42
As i did not get much replies for my query i am posting it again. Can some expert respond on this.
I am having a property in andhra pradesh. i got this property from my ancestors through an UNREGISTERED WILL. this will (unregistered) is executed on my name before my birth. and the person who wrote will on my name died before my birth took place. recently i constructed a house in that property. I approached a private bank. they gave housing loan based on that UNREGISTERED WILL. along with that UNREGISTERED WILL they took legal heir certificate (originals) and house tax book receipts from me(house tax receipts on are on my name) to give that loan
Even though UNREGISTERED WILL is on my name , property documents are not converted to my name. they are still on my ancestors name.
1)Can some one tell me the process to get documents of my property converted to my name if its possible now ?
2)if not can i give this property as gift deed to my wife or kid in future ?
3)if so which is a better option ? giving to wife or kid ( who is less than 3 years age) ?
4)if i give this property through gift deed to my kid , can i change it in future ?
5)if i can change in future what are the number of years up to which i wil have the hold to change it ?
6)what are the cost involved with this ?
7)whats your best suggestion to handle this.
Harsh Vardhan Dawar
17 March 2011 at 12:59
X was owner of a 795 sq feet flat, purchased in 1979.
The society entered into a redevelopment agreement with a builder in January, 2011.
Based on the FSI rules, X was entitled to a 970 sq feet house in the new building.
However, in the new building X has taken a new flat of 856 sq feet and he has been paid Rs. 10 lakhs for surrendering 114 sq feet to the builder.
This lump sum amount of Rs. 10 lakhs will be received by X in parts over a period of the next 2 years till January 2013 when he will get possession of the new flat.
Till the building is ready, X receives Rs. 30,000 per month while his monthly rent expense is Rs. 25,000 per month.
Questions:
(1) What is the taxability of the transfer of the old flat in exchange for the new flat? How to calculate the Capital gains, if any?
(2) What is the taxability of the lump sum received on surrender of 114 sq feet? How to calculate the Capital gains, if any?
(3) What is the taxability of the monthly rent received or the savings of Rs. 5,000 per month?
Anonymous
16 March 2011 at 20:17
Mrs. Vandana is a professional in the Auckworks Company dealing with Computer Software. She is married to Mr. Sujay who is a lawyer by profession. She is an active blogger and often chats on the internet but one night Vandana was unable to log on to her account. Her friend, Ms. Sanjana called her up and informed her that a chat message was circulating from her account which showed a very vulgar chat of hers with an unknown guy called Mr. Shiv Sharma. Further, she informed her that she has reportedly admitted in the chat that she was having an affair with a guy called Shyam for the last two years behind the back of her husband which was sent to all her contacts and her husband’s contacts as well. The interesting factor was that the chat had been dated 3rd October 2008 while the mail has been circulated on the 5th of October 2008.
Mr. Sujay was disturbed with this fact and insisted to sever all ties with Vandana, who, on the other hand, lodged a F.I.R. with the cybercrime cell of the police in Delhi on 7th December, 2008. During the course of investigation it was revealed that there was absence of any specific IP address in India as the blogger had logged through a Proxy Server in Canada. After three months, the police could not locate any person by the name Shiv Sharma, but the person called Mr. Shyam, who was a Diplomat of Kenya in India, had been traced. The Ministry of Foreign Affairs mean while issued a demarche to the Consulate of Kenya at Delhi. The police meanwhile had sealed all the electronic records of Mrs. Vandana and was treating them as evidence.
The police charge sheeted Mr. Shyam on 21st July, 2009 for cyber hacking based on the electronic records of Mrs. Vandana available to them. Mrs. Vandana meanwhile broke down mentally as the lawyer she has consulted could not suggest her some proper solution. She, however, accused Shyam for defaming her by way of circulating the chat messages to everyone in her contact list.
Shyam denied all the allegations including the ones made by Vandana. In statement Mr. Shyam has contended that he was a good friend of Mrs. Vandana but they were not having any affair and that they both were unaware of any Shiv Sharma. The prosecution contended that Shyam had hacked the account of Mrs. Vandana with the intention to separate Vandana from her husband and also attempted to defame her.
The chat had been done through SKYPET network a Proxy Server in Pakistan occupied Kashmir (PoK). The police issued a notice for disclosure of the entire transcripts of chats as well the details of users. However, SKYPET has its headquarters in (PoK) and had refused to hand over any details regarding their users on any account. The only record which the prosecution had was the auto saved chat messages on Vandana’s computer which had been there between Vandana and Shyam, no such records were recovered from the computer confiscated from cyber cafe. In those chats it has been seen that Shyam had consistently been saying that he loves Vandana and can go to any extent to get her from the clutches of her husband. The prosecution contends that Shiv Sharma and Shyam is the same individual and Shyam had planned to break all the ties between Vandana and her husband and thus get her for himself.
When the case was put forth before the court for trial, the accused contended that the electronic records provided could not be treated as evidence according to the Indian Evidence Act, 1972 and also that, a chat which had been recorded on a foreign server cannot be treated as a piece of evidence in this regard. The defence further contended that on the alleged date i.e. 3rd and 5th of October he was in the Consulate Office of Tanzania at Delhi and he had also produced a log book of the Consulate as evidence to show that he was at Consulate. Besides, the trial court concluded that the Information Technology Act, 2000 does not have any specific provision to punish a person based on the facts of the given case. The Trial Court has acquitted him from all charges completely ignoring the issue of defamation.
The State has now moved in appeal before the Delhi High Court to prosecute Shyam for the offences of cyber hacking and cyber defamation, the accused pleads that the High Court does not have any jurisdiction in this case as the Cyber Tribunal has been vested with the jurisdiction to deal with these cases. Besides, the High Court cannot go back to the facts of the case and deal with merits in order to come to a judgment and the Trial Court has been right in deciding that the electronic records cannot serve as evidence.
However the petitioner relied upon the doctrine of exclusive knowledge and contended that burden of proof is reversed. Therefore accused was under a liability to prove his innocence and show that he had not done any of the chats to which accused contends that the exclusive theory will not hold good in this case as he was not present during the time of the chat in contention and that he could not be made to give proof incriminating against him in this regard.
The Appeal is set for hearing before Hon’ble Delhi High Court on 26th March
2011.
Note: The teams are required to prepare a case from both the sides.
Anonymous
16 March 2011 at 19:50
sir
we purchased land of sc in 1984 in karnataka, it is not a govt grant given 2 the other party, which is purchased by the other party from muslim in 1945. i want 2 know other party by whom we purchased the land, has power 2 claim the ownership of our land.i want 2 know whether a sc candidate can claim restitution of property sold by him to others on govt grant given to him or can he also claim on self acquired property.
Anonymous
16 March 2011 at 18:47
I need to register a duly stamped sale deed of residential property. To register this document, an original receipt for payment of stamp duty is required by the Registrar. I am unable to trace the original receipt; hence would like to know the proposed course of action to enable me to register the sale deed. Does an indemnity bond suffice? Is it possible to get a duplicate copy of receipt, if yes from where can this be sourced?
Anonymous
16 March 2011 at 17:30
Dear sir,
We had purchased shares of public Ltd. company in 2005.In 2006 the said company was amalgated with one Pvt.Ltd company.We were not informed about amalgamation nor offered shares in new company.The old company is now delisted.We still hold the shares in demat form.
What action is warranted to get redressal.
Regards.
Anonymous
16 March 2011 at 17:23
Company 'A' has been sanctioned a loan by a Bank. As security, corporate guarantee is required to be obtained from a foreign Company ('Company B' - a company incorporated outside India)which is also the parent co. of said Company A.
What are the formalities required under Indian Laws and regulations for obtaining such corporate guarantee from a foreign Company. Whether RBI’s permission is also required to be obtained?
Anonymous
16 March 2011 at 15:36
Dear Sir,
I am working in a Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. in this regards I have some questions which I want to clear :
1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?
You are requested kindly provide your valuable advise in the above mentioned points. Your valuable feedback will sort out all my doubts and worries.
Thanks & Regards
Anonymous
16 March 2011 at 13:45
Dear Experts,
In Strict Scrutiny the government has the burden of proving that its challenged law/policy is Constitutional. To withstand strict scrutiny, the government must show that its law/policy is necessary to achieve a compelling state interest. If this is proved, the state must then demonstrate that the legislation is narrowly tailored to achieve the intended result.
1)Like in USA is Strict Scrutiny standard followed in Judicial Review of Laws/Policies by Courts in India? If not what standard is followed in Judicial Review by Indian courts?
2)If Strict Scrutiny is not followed by Indian courts, can a lawyer request the court to follow the principle of strict scrutiny for Judicial Review in his case, like case involves Fundamental Rights under Part III of Constitution?
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idemnity bond
i have one plot in name of myself and wife and mutation is in name of both one cantonment board a muncipal body is not sanctioning building plan for house construction on the ground that idemnity bond is not signed by both the owners of plot my point is since i have already signed the idemnity bond is it mandotry as per propery law or civil law that idemnity bond should be signed by both what the law says and its remedy what i should say to muncipal body