Anonymous
02 January 2021 at 14:46
During June 2016, my wife filed sop for her one-fifth share of her deceased father's bank deposits, in sub court. Judge of that period advised us to file partition suit. My wife filed partition suit through advocate. Change of judges within few months of filing suit. (Around 2016 September). Judge in his judgement on December 2020 ruled that only SOP has to be filed and dismissed suit. Even though we paid fees properly to our advocate, during crucial arguments stage, our advocate did not represent us properly not being present. Judge recorded this in his judgement saying both sides did not represent case properly despite several adjournments.We are filing appeal in district court. How can we prepare for appeal? My wife can self argue in court. Point to note is if our advocate was present, judge would have asked him why sop was not filed and we could have given the answer, which may have satisfied Judge.
Anonymous
02 January 2021 at 13:36
Sale of Vacant Land for funding the construction of apartments and Allotment of flat by beneficiary
Opinion sought regarding Capital Gain Tax and types of documents to be executed w.r.t. Income Tax, RERA & GST Act.
Facts / Background:
N purchased the property consisting of land and residential house in South Chennai measuring about 2600 sft in 1974 and 50 % share of the property was settled in favour of his wife L in 2015. N expired in 2019 leaving behind his wife L (77) and two sons K & P as legal heirs.
As the building is very old, L, K & P want to demolish the building and construct an apartment building with 3-4 flats. But they are not in a position to construct with own funds and are also not interested in a Joint Venture scheme of any builder due to variety of reasons.
R (73) – Brother of N has a vacant plot in West Chennai purchased in 1975. L and her two sons have approached R for funding the construction of the flats in their land with an offer to allot one flat with uds of land in return proportionate to the amount to be invested by R for the development & construction of flats.
It is assumed that - Since R will be utilizing the sale proceeds of the vacant land against the value of the flat to be allotted to him, there will be no capital gain tax for him. Similarly, since L and sons will be utilizing the sale proceeds of uds of land to R, by constructing flats for them, they also will be exempted from capital gain tax.
Now, with regard to execution of documents to complete the transactions one option is - L and sons have to execute a sale deed for the sale of uds of land to R and subsequently all the four have to enter into construction agreement with the builder for development & construction of flats to them.
Supposing if L and sons request for the money (sale value of R’s land)) to be paid directly to them in advance without involving the builder on the understanding that they will transfer one flat with uds for the value of investment after completion of the flats - will it be risky or alright to concede to the request.
What will be the implications of capital gain tax and the consequences if the flat is not completed by the builder as per the requirements?
Any other alternate and viable documentation to take care of Capital Gain Tax, Stamp Duty and other statutory requirement.
Anonymous
02 January 2021 at 03:14
Hi Sir,
I have received a flat from my father owned by him by gift deed when I tried to change the name in society society members are asking transfer fee and donation for transfer premium of 30000 rupees I would like to know the society transfer charges in case of gift deed along with society transfer charges
Even society has asked me to provide undertaking on stamp duty in notary, indemnity bond on 500 stamp paper and Declaration come under taking which is not mention in society bylaws kindly suggest on same Can society ask for Identity bond,Declaration cum Undertaking which is not mentioned in society bylaws?
Anonymous
01 January 2021 at 19:19
My grandfather got his share of house from his father when he divided the house into 4 equal parts amongst his 4 sons ( including my grandfather).
My grandfather had a legal will where he had his 3 children on them ( 1 son, 2 daughters).
My mother being the eldest unfortunately passed away before him and my uncle and aunt forced him to sign off her share amongst them.
My grandfather passed away a few months later.
My question is do granddaughters and grandsons have a right over his property?
How could my uncle and aunt force him to distribute my mom's share amongst them?
If I file a case in the courts, do I have a strong case?
Sudhir Parmar
31 December 2020 at 23:50
Hello Sir, our Landlord(developer) has made PAA with us in 2008 to provide ownership flats after redevelopment of our Pagdi property. No money is involved at all in this deal. Till date building has not became ready, when we demanded delay penalty, he said he will give, but suddenly started asking us to pay GST on rehab component which was never ever discussed in lifetime. Can he charge us GST ? Kindly help us with a your reply in light with relevant provisions of GST Act. Thanks.
Anonymous
31 December 2020 at 20:22
My mother set the nominee for her bank account as my cousin. (her sisters son). she was misguided into doing so, he was present with her when opening the account.
Now mother has expired and bank says money will be given to nominee and the nominee has no intentions of passing over the money to us - Legal heirs.
I know Succession certificate can be procured and matter sorted out, but we all know it is a costly and more importantly takes 5-7 months
I have found RBI circulars where it clearly states Bank should not insist on Succession certificate if the all legal heirs are available.
Bank is harping on the same tune - We can only give to nominee or get Succession certificate. We have Legal heir certificate issued by Tehsil office and Death certificate
My question is - How to bypass nominee and get money without going through trouble of getting Succession certificate
Release of Assets of Deceased Customers to Legal Survivors/Claimants
DBOD. BC.No. 55 /09.07.007/2001-02
https://www.rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=545
Additional points for the above circular
DBOD.BC.No. 63 /09.07.007/2001-02
https://www.rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=569
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Notice for the party
Sir,
Our land was acquired for District Collectorate in Tamilnadu. We have filed a Writ Petition in Madras High Court and Madras High Court has favoured us and released the land from acquisition proceedings in 2017. However, some other persons moved Supreme Court and filed SLP in 2019. When we approached District Collector, Karur, he informed that the case against your land alongwith others is pending in Supreme court. But, so far no notice has been served to us. It is requested that kindly clarify whether serving of notice is mandatory and how i come to know that my land also under SLP proceedings. Whether I can ask through RTI in SC.
Kindly help me.