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julie MDsouza   20 July 2017 at 15:18

What is the proceedings to file a case against a sra project

I would like to know what is the proceedings to file a case against a SRA project where the building is come up last nine years but no room is allotted by the builders and the documents are forged as by the builder authority and now is denying to allot my flats in the said project from the last 11 years. The builder was paying rent but for two years has stop the payment and is now saying we dont have enough evidence to claim the room. We had send a legal notice which he did not acknowledge. Where should i go and what step should i take in this case.

anish   20 July 2017 at 14:50

House property income-vacant commercial property

SIR
As per Income Tax provisions I Tax is to be paid on House Property Income. Barring one property chosen as self occupied, on other properties even if they are not rented income tax is payable on deemed rent income.
However for vacant commercial properties (in addition to one self occupied property) there is confusion. One view is that even if such properties are earning no rental income, Income tax is payable on deemed rental income. Another view supported by Tribunal judgement says the intention to let out commercial property is to be considered. If such property is put up for let out but tenants are not found house property income in this case would be nil and no income tax on account of house property income on such cases is payable.
Experts can you please clarify whether house property income tax liability in such additional vacant commercial properties arises, assuming there is already one self occupied residential property.

Harshavardhan   20 July 2017 at 13:31

Resignation during probation period

Sir,
I am an ex-servicemen (officer) and i have been re-employed in the Central Government (coast guard) from the last 8 months. My appointment letter indicates that i am under probation for a period of two years which implies that i am in probation period. I want to resign from the present service due to domestic issues. I have following queries:-
(a) Can i resign by giving a notice period of one month as specified in Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965.
(b) If not, what is the procedure to resign and under what rules.

Garima Randhawa   20 July 2017 at 13:03

Power of attorney by NRI

If both husband and wife are filing a mutual consent divorce and the wife has made a Poa and she gets it attested from Indian embassy in Australia and sends it to India, does the father in India will have to get the Poa registered in India? Even though the Poa is only for court proceedings of divorce and not related to any property.

gk   20 July 2017 at 11:10

The issue regarding the legal role/part of a husband

Dear Experts / Peers,

Namasthe!

This is regarding an issue arised during the document verification prior to a property deal in Kerala.

I wish to purchase a land (aprx 11 cents) and it is presently owned by a female (Name: Valli, widow, 84 yrs old). She is presently staying with one of her sons. She has 4 sons and a daughter. The existing doc last registered specifying/indicating that the above land has been bought by Mrs. Valli and her mother Kamalam in 1973. (I mean the deal has been registered in the registered office in 1973). And in 1998 Ms.Kamalam died and the property been owned by her only daughter Ms.Valli. Now after keeping 44 years, Ms.Vallu wish to sell this property and we have decided to purchase the same.

They (seller) have the following docs:
Original 1973 bought/registration doc along with prior docs (adiyadharams) of1972,1971, 1960 etc.
Original Pattayam issued to Valli in 2016
2017-18 year tax paid receipts with EC and a possesion certificate obtained after paying the tax.
BTR copy
Death certificate of Kamalam (in the death certificate, her husband's name column has not been filled and recorded as: Name Not recorded)
No legal heirship certificate found but the local tahsildar/village officer given a certificate of relationship to Valli mentioned as she is the only daughter of Kamalam.

Do we required any other docs for purchasing this land? And Late Gopalan Menon (or any docs related with him) is having any role here? Because a local doc writer informed me that even though Gopalan Menon has been died in 1951 (before his wife buying this property), there should be some authentified confirmation about his death and his share if any with Mrs. Kamalam (his wife). I could not understand this Do you have any advice on this matter whether further thorough verifications required or docs to be obtained to avoid any future complications to me AFTER Registration/buying this property.
Please provide me your advice, if possible
Thanks in advance
Regards
Krishnan

Aashish George   20 July 2017 at 07:46

Legal validity of compromise/settlement/razinama entered PS

What is the legal validity of a compromise/settlement/razinama reached by the parties in the police station? Is it binding on the parties? Can the court refuse cognizance on the basis of such compromise?

Situation : a drunk gets beaten up by his neighbor, intially the mlc does not disclose any serious injuries, the drunk who's bac is at .800% is asked to sign a "razinama" he does so, on the next day he feels pain in his eyes, he thinks it's just swelling and does not go the doctor, eventually one of his eyes starts to loose sight, he goes to a doctor and he then undergoes immediate surgery, the drunk files a case in court, the police file atr stating he was drunk, intial mlc does not disclose his injury and he has already settled, can the court deny cognizance on the basis of that razinama? Does the police have the power to "settle" such case? If so, under what provision of law? What is evidentary value of such a compromise? Any citations in this regard? Kindly share your knowledge, it will help me immensely. Thank you.

Anonymous   20 July 2017 at 02:41

Departmental inquiry proceedings

Sir
I have been given charge sheet under rule 14 mentioning the loss of government property.
Inquiry is closed but inquiry officer is adding additional documents which were not asked by me nor provided to me with charge sheet.
kindly give your suggestion whether such documents can be added during inquiry proceedings.
They do not have any other documents to support their charges

regards
sp verma

Manish   20 July 2017 at 02:26

My termination

2.15months back I was hired as biz head for a luxury car dealership. On a given day I was fired by the boss for taking the company car home after receiving a warning. However I had meetings n official work to do but yes the company does not allow overnight drive. My query is holding such senior position can I be fired on spot offering me only the pending salary and then later being told fnf takes 45 days. I want to know if I can claim notice period salary etc

Ajitesh Mehra   19 July 2017 at 22:22

Bad neighbours

DEAR ALL PROFESSIONALS, PLEASE ADDRESS MY FOLLOWING QUERY:
MY SELF LIVING IN A CITY BY TAKING A RENTED HOUSE I AM REGULAR IN PAYING ALL THE RENT AND OTHER DUES TO THE OWNER. I AM IN A RELATIONSHIP WITH A GIRL, SHE OFTEN COMES TO MY HOUSE AND WE SPENT TIME TOGETHER. A FEW DAYS BACK WHEN SHE WAS AT MY PLACE PEOPLE GATHERED AND STARTED KNOCKING ON MY DOOR I OPENED THE DOOR, THESE PEOPLE STARTED SHOUTING AT ME AND WERE ABUSING ME.THEY WERE SAYING YE LADKI KYA KAR RAI HAI AAPKE YAHA? I MANAGED TO COOL THEM DOWN AND EXPLAINED THEM...
THIS MATTER ENDED NEXT DAY WHEN SHE WAS WITH ME A POLICEMAN CAME TO MY HOUSE AND SAID YOU ARE DOING WRONG.
I SAID ON WHAT LEGAL GROUNDS ARE YOU SAYING ME THIS? I EXPLAINED HIM WE ARE IN RELATIONSHIP AND SHE IS WITH HIM AT HER OWN WILL I HAVE NOT FORCED HER. HE SAID YE SAB NAHI CHALTA..

NOW PEOPLE OF MY SOCIETY ARE FORCING ME TO VACATE THE HOUSE I HAVE FOLLOWING QUERIES 1. IS THE ACTION OF PEOPLE LEGALLY VALID? 2. IS THE POLICEMAN WHO CAME TO MY HOUSE IS LEGALLY AUTHORIZED TO DO SO ?

Jagdev singh   19 July 2017 at 21:58

Case for 304 ipc

I have got convicted in case of 304 kindly help by giving me the judgements of other courts