Anonymous
05 June 2010 at 18:57
my wife filed 498a after i filed for rcr.infact she dont want to live with my old parents and she sold some gold which they gifted to me and to her at marriage time for her brothers studies.i recorded in my cell phone number of times when i call her that "she is happy in my house.and she left the home with total gold.and no dowry demand,harassment in my house."is this audio evidence can be consider?
Anonymous
05 June 2010 at 18:32
(THIS WAS MY YESTERDAY'S QUERY).
Sir,
((my tenant is not giving rents since 2 years.
he has filed IA seeking permission of court to deposit rents but has not done till date.
In the absence of written agreement he has falsely stated lesser rents, even that he is not paying.
I am surviving on rents only for my livelihood.
It has become difficult to sustain my family.
My counsel is not guiding me properly.
Respected Sir, What should I do?
PL FOR GOD'S SAKE ADVICE ME WHAT TO DO?
THANKS))
In continuation, the problem is that my:-
tenant has obtained a interim injunction against me and is troubling me with out paying rents water bill and untimely paying electricity bills.
Allegation is that i have threatened him with anti social elements.
Tenant has not approached the police to complain, knowing that the allegation is a false.
He is showing less rents in the absence of written agreement in the form of fake rent receipts that are forged.
The extent of plint area of the rented residence stated in the plaint by tenant is half than what he is actually occupying.
This is how is misguiding the court.
He is using the house for other than residential purpose. I have docs to support my claim and filed in court.
I badly need rents to sustain my family as the only source of income.
Its 2 years since he gave rents. He filed IA seeking court permission to deposit rents as we refused it.
I am preparing to file eviction suit as per your advice.
What grounds should i state in the counter to see that the interim stay is immediately lifted.
Pl advice me madam/sirs.
Thanks.
Anonymous
05 June 2010 at 18:09
Sir, Thanks for the quick response. As i have written that present market value is about Rs 35 lakhs on which stamp duty is payable. However due to love and affection it was sold at RS 5 lakhs to my nephew.
Sir My question is that Value for the Stamp duty is taken for the Income tax purpose. Can the donee claim the balance amount as "Gift" for exemption purpose.
regards
Riya
Anonymous
05 June 2010 at 18:01
Sir,
There has been conflicting answers received for my query. I shall be thankful if you kind enough to clarify the following on the GIFT TAX
1. the original value of the shop purchased 5 yers ago is say 30 Lakhs
2. Present market value as per Circle rate is say 35 Lakhs
3 Now a sale deed was prepared at discounted price of Rs 5 Lakhs as it was sold at Rs 5 lakhs to "relative" (son of elder Brother) out of love and affection .
Kindly let me know whether the Income Tax is Payable at Rs 35 Lakhs by the Donee (Real nephew) OR
An amount of 5 Lakhs is Taxable OR
It is total tex free as it falls in the Gift Categories
I shall be thankful if u kindly let me know the details and other precaution to be taken while preparaing the sale deed and gift deed
Regards
Riya
Anonymous
05 June 2010 at 17:57
Sir,
There has been conflicting answers received for my query. I shall be thankful if you kind enough to clarify the following on the GIFT TAX
1. the original value of the shop purchased 5 yers ago is say 30 Lakhs
2. Present market value as per Circle rate is say 35 Lakhs
3 Now a sale deed was prepared at discounted price of Rs 5 Lakhs as it was sold at Rs 5 lakhs to "relative" (son of elder Brother) out of love and affection .
Kindly let me know whether the Income Tax is Payable at Rs 35 Lakhs by the Donee (Real nephew) OR
An amount of 5 Lakhs is Taxable OR
It is total tex free as it falls in the Gift Categories
I shall be thankful if u kindly let me know the details and other precaution to be taken while preparaing the sale deed and gift deed
Regards
Riya
Anonymous
05 June 2010 at 17:52
1. The Private Company was incorporated in beginning 2007
2. The Paid up Capital of Rs.1 lac (10000 shares of Rs.10/- each) was divided as follows:
1. Mr.P 99.90%
2. Mr.Q .1%
3. Mr.P, Q, R and S were the directors of the Company. Mr.P had entered into a shareholder agreement (SHA) with R and separate agreement with S to form this new Company, whereby Mr.P was to transfer 10% of shares each to R and S respectively. The same was done in year 2008 at face value. The SHA however, does not form part of the articles and is being informally agreed between the parties.
Revised Shareholding pattern in 2008 (Post above transfer) is as follows:
1. Mr.P 79.90%
2. Mr.Q .1%
3. Mr.R 10%
4. Mr.S 10%
4. Now, there was a deadlock in management as Mr.S could not bring in desired business and there was non-performance. Mr.S has resigned in end 2009 at his will and has also returned the shares at nil consideration and wants to move on. The same has been mutually agreed to between Mr.P, Mr.R and Mr.S.
5. The Book Value of the Company is very high in view of accumulated profits. Mr.R wants to just return the shares without any consideration and move on.
6. The Company has further done private placement in March 2010 for 40,000 shares to a Company which subsequent to this becomes its holding Company (80%). The Total Paid up Capital now is Rs. 5 lac.
Query :
1. Company Law : How can he return the shares to the Company so that it does not hit section 77 (Purchase of own shares by a company) and Section 100 (Reduction of Capital) of the Companies Act, 1956.
2. Tax : Please enlighten on the tax implications u/s 56 or any other section. We do not want any tax implication in the hands of the recipient.
Manohar
05 June 2010 at 17:40
Hi sir/madam,
I am from hyderabad,andhra pradesh.
What is the difference between legal hair and family members certificate.
My father expired 8 months back. He was APSRTC employee.( He have not nominated any one, but there are no legal problems as he has only one family)
We have received PF and gratuity amount on family members certificate. But they are refusing to settle other claims(SRBS, and SBT) on family members certificate issue by MRO.
They want only legal hair.
Please tell me what is the difference between them , and how and where we can obtail legal hair.
Regards,
Manohar
pratik
05 June 2010 at 17:34
Meaning Of Treepass AS per Indian Penal Code, 1860.
If Possible any examples & NOTES.
tHANKING U ALL EXPERTS IN ADVANCE.
pratik
05 June 2010 at 16:55
As Per Section 4 what is the meaning of Easement with the examples. Pls Because the examples give under the act is not properly understood by me as per the definition. so pls it is a request to make me understand the defination in detail & also the example(s) in details pls.
the extract of the section 4 are as belowmentioned:
4. “Easement” defined.- An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own. Dominant and servient heritages and owners The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
meaning of beneficial enjoyment .
Thanking u all experts in advance.
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recovery of salary
sir
i did not have issued any appointment letter , i have worked for 40 day and i quit the job, employer not given me the salary for that 40 days, if i am asking through telephone they are telling, we will give your salary
i worked for 40 days
can able to take legal action against company
i had issued only one identity card which shows permit card
and i was used to sign over the attendance register daily,but i cant get that attendance register now
please give me advice