Adv. Mohan Chandra
14 March 2016 at 07:43
Sir,
Can submission made under oath in one case can be used as evidence in another case against the same party.
Thanks
zubair
14 March 2016 at 03:54
Hi every one need an advice.
I made an for sale ad of my flat
In newnewspaper.after 4day's I received a legal notice from an advocate stating that his Clint is having a share in flat no.105 on my name and he published the beware notice in same newspaper which Ihave given ad
Point 1- I have not given my flat no. In newspaper.
2- I am not selling the claimed flat nor I am the owner of the claimed flat no.105.
Now my question is DO I NEED TO BE BOTHERED ABOUT THE NOTICE.
DO I NEED TO REPLY THE LEGAL NOTICE FOR THE SAME.
Anonymous
14 March 2016 at 02:07
Dear ,
I have a plot which I had purchased in2011. In 2012 I had given plot on development to developer. For this he had taken irrevocable power of attorney . And after that he notri the development agreement. ( power attorney registered and development agreement notrirised ). In the agreement he had stated that he will complete the project with in 24 month. Now the problem is as follow.
1) for construction he has not obtained the necessary permission from planning a athority. (Mmrda). Biz of this no bank is giving loan on the project.
2) since my plot was agricultural. He has not obtained n.a oder from collector.bcz of this also no bank is giving loan to the project.
3) till now it's almost 40 month is over only he completed 35 percent work( time given for completion of work is 24 month)
.
4)after all this using his muscle power he doing the sale of the flat. He is selling the flat by doing registry in register office. With fake n.a oder copy ( i have the document)
Now sir I am tired of this kind of development I want to cancel this power attorney and development agreement to be canceled. I want my plot back.
Please help me . Weather I should aproach civil court or consumer court.
Sultan
14 March 2016 at 02:03
1. Selling tenanted property in mother's name in Mumbai.
2. From sale Buying ownership property in son' s name within 3 months of sale.
3. Option of buying in joint ownership between mother and son ruled out.
4. Tenanted property is more than 40 years old.
5. Want to create absolute right in son's favour.
6. Other option possible, the tenanted premises can be transferred to son's name before
selling to third party without paying considerations to landlord.And thereafter proceed with
Son's name for entire transactions,but short term gain arise.
7. Want possible option in this scenario, kindly help.
8. Although various views are possible, want to avoid tax litigation. According to the Delhi High Court, the predominant judicial view was that, for the purposes of section 54F, the new residential house need not be purchased by the assessee in his own name nor was it necessary that it should be purchased exclusively in his name. It noted that in the case before it, the property was not purchased in the name of a stranger, somebody unconnected with the assessee, but in the name of his wife, and that there was no dispute that the entire investment had come out of sale proceeds and that there was no contribution from the assessee's wife.
Having regard to the rule of purposive construction and the object of section 54F, the Delhi High Court held that the assessee was entitled to the benefit of exemption u/s. 54F.(CIT vs. Kamal Wahal 351 ITR 4.)
9. While noting the decision of the Bombay High Court in the case of Prakash (supra), the tribunal took the view that where a statutory provision was capable of more than one view, the view favouring the taxpayer should be preferred.
10.The Andhra Pradesh High Court, in Mir Gulam Ali’s case reiterated the acknowledged position in law, while deciding in favour of the assessee’s claim for exemption, that the exemption provisions should be liberally construed. None of the sections, under scanner, expressly require purchase or construction in the name of the assessee himself and a concerted effort is required by the courts to read that requirement in the law so as to deny the benefit of exemption to the assessee.
11. Further whenever certain assets are sold and particularly when such assets have been received by way of gift or through Will or by succession or by inheritance, then the cost of acquisition of the asset will be deemed to be the cost for which the previous owner of the property acquired it as increased by the Cost Inflation Index of that year in which the previous owner originally acquired the property ( prior to 1981 hence FMV).Further, the law provides that if any capital asset was acquired by way of gift, at this point there is no liability to pay capital gains tax for the recipient and it would be deferred to the point of sale of asset. Whether there will be little difference between between sale proceeds and a indexed cost of acquisitions in hands of son. Than that option is feasible.In process of searching valuer for tenanted property to ascertain FMV of 1981.
12. Another way may be that the mother may purchase the new propety in her name and get exemption from capital gains and then gift the same to her son. In that case there will be no gift tax implications and if son transfer the new property later capital gains will accrue to him in which case cost of acquisition for her mother will be taken as son's cost of acquisition. Period of holding shall also be reckoned from the point of view of mother, i.e. period of holding will be reckoned from the date of purchase by mother till the date of transfer by son. Kindly provide your input on above interpretation. Will the LTCG tax minimal in such scenario.
Thank for reading and your valuable input.
Dr Shahid Nadeem
14 March 2016 at 01:28
If any person by making forged and fabricated documents pleaded his case , and forgery in preparation of these documents came to the knowledge of Judge then what actions must be taken by judge against him ???
If sou moto judge didn't take any step then, can opponent may lodge FIR or criminal complaint case against such person who have prepared forged documents and submitted same to the court?????
Ashwini
14 March 2016 at 00:37
Section 32 of Hindu succession Act defines Class I heirs as daughter of Pre-deceased son..
Do they mean grand daughter while still the son (i.e. father ) is still alive .
Pre means before.. so it means before the death of the father.. so they mean grand daughter ?
Ambrish
14 March 2016 at 00:33
Dear Sir,
My father had purchased a agriculture land (6 Acers ) 14 years back in solapur, now he want to tranfer 3 acers of that land to my name.
I have three sisters and my father want the rest of the 3 acres land to be kept on his name.
Also we want that there should be separate 7/12 of my name of that 3 acres.
Sir,kindly advise how can we do this.
Do we need to pay stamp duty to get separate 7/12 of my name.
Ambrish
7715849229
vicky
14 March 2016 at 00:25
Sir, my wife has made me suffered by her many acts like scrating my face, southing and abusing loudly at home and even hitting people and myself outside home being short tempered , restrict me to invite my parents at home and so on. Soon after I filed a case for divorce on the ground of cruelity my wife filed case of maintenance. She is qualified n did BEd on my expense. She left home 2 years back stating me and my family are poor people and not giving her lavish lifestyle wat she used to have at her parents place. She took jwellery n her academic certificate n left two years back. As of now she is teaching in her private school. Does she deserve maintenance once she left house on her own will.. and how can I prove dt she left volunteers.
rv
14 March 2016 at 00:07
A WILL filed by the defendants with WS in a partition suit was mistakenly denied by plaintiff 1 but not by plaintiff 2 who was transposed later. On carefully reading the WILL written in Hindi, it was found that this WILL actually admits creation of HUF. Question 1. Can the Plaintiffs make use of this WILL to prove that the HUF existed ?
Question 2. Can the Plaintiff 1 apply to court to change the denial and admit the document now ? The suit is at the stage of cross examination of Defendants.
Question 3. Why Plaintiff 2 who was initially a defendant was not required to admit or deny documents ? Is she bound by the denial by P1, the original Plaintiff ?
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