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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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ChandanLawyersclub   11 December 2014 at 20:37

Law on section 54 of it and home loan to buy property before 1 year of selling another

Dear Experts,
I planning to take a ready to move flat in Bangalore city. For which builder is asking to pay in 2 months. To meet this time line I need to take home loan from bank. I have another flat in Chennai which I will sell within 12 months and pay all my all bank loan( My old property is 8 yrs old which I will sell) Can I adjust Long term gain of Chennai Property in Bangalore, since I am taking home loan for 3-12 months demanding upon how fast I can get money from Chennai , to cover time gap.
I have checked to couple of CAs , there are mix opinion on section 54 of IT on LTCG.
1. One lot of CAs says you cannot take loan to adjust LTCG(you are not using direct funds to buy property)
2. another lot of CAs says section 54 do not talks about home loan, basic purpose of section 54 is to keep money invested in housing sector
Request legal experts to through some light on this.
Thx
Regards
Chandra

Adv M.D.Azhar   11 December 2014 at 20:21

Regarding the will

sir, there is a ancestral property of agricultural land. after the death of the father 4 sons individually cultivating the land. one of the brother who had no child bequeath his part of land by way of registered will to his nephew. Now as he passes away, entry regarding the will came in the knowledge so they challenged entire registered will, and further plead that, he can not make a will, because all the brothers have equal share in the property and property has not been divided.Now problem is that, deceased's land has been cultivated by his brother and his nephew since he was alive. that stand has been taken by us in written statement. but after hearing by both the parties court has granted injunction application of the plaintiff having said that, other co-share signature is not observed in a will so will prima facie looks suspicious and against the provision of succession act. Now i want to know that, is it necessary to obtain the consent of the other sharer, it is lawfully required? and lower court also has not given the findings regarding the possession, which is specifically plead by the defendant that, defendant has been cultivated a land since deceased was alive. yet court has not considered our possession. so i need your suggestion for the appeal.

Raghavendrahari.N   11 December 2014 at 20:17

Land grabbing,illeagal pocession of the land

Hi,

my cousin stays in USA and he has agricultural property in his name and has all necessary documents.But his neighbors grabbed and forcing him to not to claim as his land.He complained to police but they ignored.What cases(sections) can be booked.what is the punishment.

Dr. Shekhar   11 December 2014 at 19:50

Adding another advocate

Please clarify the law that deals with adding another advocate in the same case.

Can the client do so and what is the law that law with its procedure.

Member (Account Deleted)   11 December 2014 at 19:03

section 340

Sir my all fake cases are in evidence stage like 498 , dv act, 125....now I want to know that when nd where I can use section 340 , 156 against my wife ??? Any other case can I file against my wife??

NIYATI VISHNUBHAI PATEL   11 December 2014 at 17:34

Gift deed

Is it necessary to make gift deed in case of gift of money through cheque by husband to his spouse ?

Please guide me what should i do make it effective ?

Raghavendrahari.N   11 December 2014 at 17:07

Abetment of suiced - punishment details

Hi,

One of my cousin attempted suicide in 2012 and died leaving a letter naming 10 people in the suicide note.What is the punishment for this.All culprits are roaming freely now.Is there any strong action for this crime.(IPC section 306 act).Please guide and help me.

rahul   11 December 2014 at 17:06

Court procedure

Respected Madam/Sir,
I have following queries:
1) What does 'In Camera' means in case of deposition of witness in a Session Court?
2) What is the need of a closed door / In camera deposition of witnesses?
3) What are the redressional options if a Session judge did addition or deletion of versions of witnesses while recording deposition effecting adversely any party complainant or accused ?

please be kind enough to en light me on the above queries.
With regards: Rahul paul

Amit   11 December 2014 at 17:02

Birth certificate related issue.

Dear Sir,
I am born in Sultanpur(Allahabad, UP).
My DOB is 01.05.1989 & i have no birth certificate.

I am done my Postgraduate from Mumbai university & I have all documents (Pan card, All result, Adhaar card,Bank related document, Leaving cert. & job related all document).

for the Passport purpose i need birth certificate due to after 01.01.1989 birth cert. is mandatory. The Main problem is my all family are settle in mumbai no any going village.

Pls Help to Making Passport Or birht Certificate.


Regards
Amit Gupta

Terry DCruz   11 December 2014 at 16:58

Sarfaesi act and limitation

Section 36 of Serfaesi Act says:-
36. Limitation
No secured creditor shall be entitled to take all or any of the measures under sub-section (4) of
section 13, unless his claim in respect of financial asset is made within the period of limitation prescribed
under the Limitation Act, 1963 (36 of 1963).

Claim is often made by a notice under section 13(2)to the borrower to discharge in full his liabilities.

For any money claim the limitation is 3 years so can a notice u/s 13(2) be issued beyond 3 years after classification of debt as NPA.

I request Experts opinion of this.