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afzallokhandwala   09 March 2015 at 23:16

Aop (construction business)

4 members of family purchased a plot jointly (25%) with a plan to construct flats and sell it.

Now, a CA advised to start an AOP for the purpose.

Questions:
1) Without forming an AOP, is it not possible to share expenses of construction among members and share profits as STCG ?

2) AOP v/s Partnership firm?

3) Procedure to form AOP and accounting, taxability and compliance?

Udit   09 March 2015 at 22:03

court fee on execution petition

Sir, how much court will be paid for filing of an execution petition for execution of an order of Rs. 8 crore and monthly Rs. 9 lakh rent. Can it be filed without depositing court fee that court will be paid later on recovery.

Rakesh   09 March 2015 at 22:02

A lawyer doing criminal activity

A lawyer who is having an earlier criminal case against him has illegally & forcibly taken possession of a property which is on rent with us from last 5 years,being associated with criminals he rushed to my shop with more than 20 people being armed with pistol and iron rod and they criminally tress-passed into my shop and assaulted us and threatened to vacate the shop immediately claiming that the shop is rented to him for which he does not have any documentary evidence also and further he has made a false case against us too . He has been declaring to everyone in the locality that as he is an Advocate therefore no law can be enforced upon him and he has formed an group in a bar association of a lower court in westbengal so that we cannot take certified copy of our FIR against him from court. Being a law student I have no clue how can a lawyer get a certificate after being associated in so many criminal cases and still perform such criminal activities under that. Is there any way I can take some strict action against him? please help.

darrel   09 March 2015 at 21:22

Noc from lawyer - closed case

Hi,

Have a very simple question regarding a property case. The case was being handled by a lawyer who did not do his job properly. However, somehow the case came to a closure because the parties involved reached an agreement. The order was decreed in our favor. The case as of today stands closed. My questions are:

1. Do we still need a NOC from lawyer who handled the case for registering the court order?
2. Do we need an NOC from the lawyer if we decide to sell the property in the future?
3. The court order was in favor of 5 parties with the property being divided 20% each. If one of the parties is willing to buy the other's share in the property and register the same, is an NOC from the lawyer required.

Few lawyers we have spoken to say that NOC is required, and few others say that it is not required. Our main concern is that if we proceed without an NOC would the lawyer who handled the case be able to create trouble in the future. We want to be completely sure from a legal standpoint. We have been trying to contact the lawyer, but he is not answering his cell phone, or keeps asking us to come today / tomorrow. He is using delay tactics, and does not seem to be intending to provide the NOC.

Most of the online community states that if the case is closed then a NOC is not required.

Could someone who is an expert in this field advice what the reality is. Is an NOC necessary??

Thanks for our time and help.

Darrel

sumit   09 March 2015 at 21:07

54F

Mr A sold Land for 78 Lac in Mumbai n invest in 3 villa 91 Lac my question is Land can we consider as House ?
Can A get did. If yes ?

jas   09 March 2015 at 21:02

Ipc 420 and etc etc

Hello experts my and family ipc 498a case is pending for hearing at allahbad after mediation failed... And today i received a call from I.O stating have i taken bail for ipc 420 case if not warrant will be issued... We haven't received any complaint letter.
Background car was purchased during marriage under my name 90% payment done by inlaws and rest by me to avail discounts and they have reported fraud. Foolish me i was helping them to get discounts
I. O has informed me to settle matter however want to ask i have 2 dates one next week where i have filed suit to take her stridhan and furniture back and second after 15 days at allahbad for bail or surrender orders now can they come to arrest me??? For precautions i have gone to other place and do i need to take separate stay for this ipc 420 for which i don't have any letter from police

Kittu   09 March 2015 at 20:40

Annulment - if mutually agreed

Hi All,

I wish to know if it is possible to get an annullment if both parties agree? My marriage is not even 5 months old and I have discovered my wife's illicit affair. If the elders intervene and allow us to separate can we go for annullment instead of marriage?
1. Should I allow her to file for it on grounds of non consumation due to my impotency and I dont reply and court grants it? How long can this take? Can she withdraw her application in between?
2. OR Should I file on grounds of Fraud and hiding of facts+non consummation and ask her not to respond? How long of time window will she have time to respond? Can I make her respond saying she accepts this and courts grant it?

What could be the fastest and safest way forward.
Please advise.

kaya   09 March 2015 at 20:37

NI ACT 138

http://www.lawyersclubindia.com/mobile/forum/ni-act-138-06-03-2015-117669.asp

AMOL KULKARNI   09 March 2015 at 20:30

Execution of hypothecation deed

Dear member
Required guidance on following situation
Hypothecation deed is to be executed for a loan proposal the stamp is purchased after the disbursement of the facility is this stamps will be acceptable for deed of hypothecation or not and what is the solution to this

Ravi Bagewadi   09 March 2015 at 20:13

Encroachment over property

My property extends from one lane to the otherlane, But 30 yrs ago, a Service lane was laid, and after service lane some portion of my property exists, and it being a small triangular portion 180 Sq.ft, was not noted in CTS maps.My neighbour got his share of land beyond service lane, has encroached over my property by constructing staircase in my property, and accordingly I applied for mandatory and permanent injunction,
The defendant has admitted in cross examination that my property exists to his western side, He further admits that in his partition deed there is mention made about ezxistence of my property which is a registered partition deed,but says that it has been wrongly mentioned, Futher he has produced the Building Plan which is a mere zerox copy fake dicument,in which the staircase has been shown internally thro the building, where as he has admitted that he has constructed from outside,
The plan of building was not marked,
Further we had asked the court to appoint court commission, but our request was denied saying it will be waste of time.Now the case if for final judgement,Will I win the case?