LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Smrity K   25 July 2023 at 12:39

Restructuring of maintenance of a housing society

Our society consists of two 2 bhk AND 1 bhk flats and some shops . Our maintenance charges covers equal amount for the common services and Sinking fund and Repairs are charged as per the Area.

We had asked them to charge seperate for water inlets which are more than one for the larger flats, however they didn't agree.

Now while raising the maintenance they charged extra for a shop owner who is running a clinic and has taken seperate connection. while other shop owners pay short by that amount. Also the shop owners are not charged according to the commercial rates.

Can the smaller flat owners ask for restructuring of the maintenance for the extra water inlets . Is it possible , as the other part is saying, once done cannot be restructured.

Please advice.

DHARMASHOKA PANDA-BBA LLB   25 July 2023 at 12:22

Conversion of agricultural land by mortgagee

can a mortgagee convert an agricultural land at BLAR if yes any judgement supporting the statement
Mortgage type equitable

Prathik   25 July 2023 at 11:03

Home loan deduction without being co-owner but co-borrower

Hi Team,

In 2017 - My Father paid the amount and got the property(2400 sq ft plot) registered in my Mother’s name alone. My mother is the sole owner as per sale deed. We wanted to build a house on that plot. Since my mother had no source of income, bank made me co-applicant and I along with my mother took home loan. Later on I being co-applicant paid EMIs and claimed home loan interest and even deduction in 80c for home loan principal while filing tax returns. In 2021 - My father expired. In 2022 We took top-up loan jointly in the name of me, my mother and my brother(for taking tax deduction for home loan interest and principal) and constructed 1st floor and it is self occupied. Construction is complete and we have occupied the building same year.

Bank manager told if my mother is not claiming home loan interest and 80c deduction then I being co-applicant can claim. So I claimed and never got any notice/enquiry from Income tax department. I think Income tax will check via cibil if a person is having any home loan or not. That’s why they might have not asked for further clarification.
This year I got to know that only if we are the co-owner then we can take deduction for home loan interest and under 80c for home loan principal.

I want to know how can I add my name and my brother’s name to the co-owners list along with my mother which can be accepted by Income tax of India in case of query.

If we execute via gift deed - we end up paying 3-4% of property value via registration and stamp duty charges. Also in future if we rent out this property. We need to show rental income as well.

If we can make non-registered legal agreement with the help of notary involving my mother, brother and me stating “my mom is not claiming any deduction and we are the legal heirs. So my brother and I wish to claim equal home loan related deductions”. Provide a copy of this agreement to bank and take deduction while filing IT return. If we get any notice - will it stand as a proof. Can income tax officials accept this?

Since the property is mortgaged with the bank. In the Encumbrance Certificate (EC) - if I apply and get for EC till today - we see my name, my mother’s name and my brother’s name under owner and it is pledged with bank. Can it be shown as proof of ownership to income tax officials?

Aditya Mishra   25 July 2023 at 09:32

Buyer right vs legal heir right

Land was with A (mother) . B and C are son and daughter respectively. After A died, B sold land to X. Sale deed executed and Mutation completed. X sold it to Y and then Y sold it to Z.
After 10 years of initial sale (B to X) , C filed a suit of getting equal share from mother. What should be Z ‘s stand here ? Will Z have to carry the loss ?

Anonymous   25 July 2023 at 06:12

Agreement of sale of immovable property.

The owner of a flat executed Agreement of sale with the purchaser and handed over the vacant possession on receipt of 80% of the sale consideration and later on died without registering the sale deed. Whether the Legal heirs are bound to honour the agreement of sale executed by their predecessor ?

Anonymous   25 July 2023 at 01:57

Regarding relocation allowance recovery

As mentioned in my offer letter, relocation assistance can only be recovered in case of termination/resignation within one year from the date of joining. I have already completed around 20 months(6th Dec 2021 - 10th July 2023) and hence this deduction is not applicable to me.
But company is asking to return the same stating the reason given below.

"""Please note that all employees are required to relocate to the city of the office they are tagged to on or before their date of joining. Considering the multiple effects of the pandemic and many challenges that employees would have faced to complete this relocation, company had accommodated delayed relocation and provided employees as much as possible time to take care of their personal needs before taking any action/decision regarding relocation. Considering this, had to make necessary adjustments to the policies in terms of reimbursements and corresponding recovery. You would appreciate that in an ideal scenario, the Company would have required employees to relocate on or before their joining date (instead of a delayed relocation) and hence the recovery would reflect the date from which the assistance would be received by the employee.

Please note that we must adjust policies to align our practices with evolving market trends and business requirements. The policy on Relocation Assistance clearly states that ‘the relocation expenses that are reimbursed and the amount spent on accommodation is recovered in full along with applicable taxes, if the employee decides to leave the Company before one year from the date of payment’. (not stated before joining or during joining, changed in between)

Additionally, the Employment Agreement that governed your employment with Arcesium also provides and states that ‘The Employee agrees to abide by all policies, rules, and guidelines generally applicable to other employees of the Company. The Company’s policies, rules, and guidelines may be amended from time to time and shall be treated as incorporated in this Agreement’. Accordingly, note that the then current policy of the company will supersede the provisions of the Offer Letter.

For your question Also, was this policy shared with me before the joining date?(I asked this in mail chain) – We don’t share policies with employees before their date of joining owing to confidentiality.

Please be assured that this decision was not taken lightly and was made in accordance with our policy, which we truly believe continues to uphold the spirit of providing relocation assistance and imposing recovery in case of separation within one year from when the benefit was received. It is important to note that this recovery applies uniformly to all employees in similar situations. The rationale behind such a recovery is to ensure consistency and fairness in the application of our policies across the organization.

We understand that this recovery may cause some financial inconvenience, and we genuinely regret any negative impact this may have on you. However, we believe it is essential to maintain fairness and uphold the integrity of our policies for all employees.

Thank you for your understanding and cooperation in this matter. We appreciate your contributions during your tenure with us and wish you the very best in your future endeavors. """

What would you advise in this case?

Ennis Douglas   24 July 2023 at 17:30

How to hire a certified recovery expert

Submitting this assessment is my way of demonstrating to Wizard Web Recovery how much I acknowledge everything they have done for me at one of the most trying and terrible moments of my life. They were professional and helpful at a time when I was doubting my decision to hand over $850,000 worth of bitcoin to a trading con artist. As long as there are issues, there will also be remedies. Wizard Web Recovery gave me incontrovertible evidence that confirmed my worries about the likelihood of finding or recovering my lost money. I am confident with the choices I made after getting in touch with Wizard Web Recovery. All of my sent money was eventually recovered, though it took some time. Their compassion was greatly appreciated during a time when I felt as though my entire world was collapsing around me. I heartily endorse their products and services as Wizard web recovery can be communicated through: (wizardwebrecovery@programmer. net) website (https:// wizardwebrecovery. net)

Ram Prakash   24 July 2023 at 17:28

Relinquishment of tenancy rights

My Tenant Abdul has died. He left 2 sons.

Now one son A wants to continue as tenant.

Whether a registered relinquishment deed is to be executed by other son B for relinquishing his share of tenancy rights in favour of A ?

Or a simple letter from other son B will be sufficient ?

Ennis Douglas   24 July 2023 at 16:29

How to hire a certified recovery expert

Submitting this assessment is my way of demonstrating to Wizard Web Recovery how much I acknowledge everything they have done for me at one of the most trying and terrible moments of my life. They were professional and helpful at a time when I was doubting my decision to hand over $850,000 worth of bitcoin to a trading con artist. As long as there are issues, there will also be remedies. Wizard Web Recovery gave me incontrovertible evidence that confirmed my worries about the likelihood of finding or recovering my lost money. I am confident with the choices I made after getting in touch with Wizard Web Recovery. All of my sent money was eventually recovered, though it took some time. Their compassion was greatly appreciated during a time when I felt as though my entire world was collapsing around me. I heartily endorse their products and services as Wizard web recovery can be communicated through: (wizardwebrecovery@programmer. net) website (https:// wizardwebrecovery. net)

Ennis Douglas   24 July 2023 at 15:33

How to hire a certified recovery expert

Submitting this assessment is my way of demonstrating to Wizard Web Recovery how much I acknowledge everything they have done for me at one of the most trying and terrible moments of my life. They were professional and helpful at a time when I was doubting my decision to hand over $850,000 worth of bitcoin to a trading con artist. As long as there are issues, there will also be remedies. Wizard Web Recovery gave me incontrovertible evidence that confirmed my worries about the likelihood of finding or recovering my lost money. I am confident with the choices I made after getting in touch with Wizard Web Recovery. All of my sent money was eventually recovered, though it took some time. Their compassion was greatly appreciated during a time when I felt as though my entire world was collapsing around me. I heartily endorse their products and services as Wizard web recovery can be communicated through: (wizardwebrecovery@programmer. net) website (https:// wizardwebrecovery. net)