All Resolved Open

Queries Participated

P.C. Joshi 20 June 2017 at 10:57

Lease agreement vs leave and licence

Dear Friends,

I need a peice of advice. SUppose I have to rent out a flat in Delhi/Noida for 11 months, whether I should get it through a lease agreement or a leave and licence agreement. Which is better for my legal safety.

Thanks,

P.C. Joshi

Continue

P.C. Joshi 20 March 2017 at 22:01

Freehold of dda flat

Dear Learned members,

This is a personal query of one close friend relating to freehold of a DDA flat.

The matter is like this.

My friend purchased an LIG Flat in Delhi under un registered agreement to sell/GPA in 2003 from the second party which he now wants to get freehold from DDA under the relaxed scheme launched by DDA in 2014 for conversion of unregistered ATS into freehold.The said scheme, requires all the agreements to sell after executed 24.09.2001 to be registered from the registrar.I have visted with my friend to the concerned SDM office where the concerned clerk calculted duty @8% on the value of agreement to sell exceuted after 24.09.2001(both are excuted in June 2003)and also told us that there will be a penalty upto 10times of the duty at the discretion of the SDM.But the DDA says that the stamp duty should be paid on circle rate. I told this to SDM office guy, he says the duty will be on the consideration amount mentioned ion the ATS as the circle rate was not applicable then in 2003.We are at a delima who is right whether SDM ofice or DDA guy. But I feel it's a state subject so DDA should not question the duty calculation of the Delhi Govt SDM office.

The second issue is that the DDA guidelines says that the unregistered agreement to sell executed should be registered with the concerned Sub-registrar.The SDM office says that there is no registration involved in this case only the payment of stamp duty which has not been paid earlier will have to be paid. he says that we will have to buy the stamp papers as per the value calculted by SDM which will be signed and stamped by them and that will be the documents which will be submitted to DDA with application and other documents for free hold.I have visited the sub registrar office there one person told us that they do registration of all current documents and all old cases are done by SDM.But we are confused as which one is saying correct.

can anyone please throgh some light on above two issues. Shall be highly grateful so that we donot stuck in DDA office.

Thanks

Prakash

Continue

P.C. Joshi 03 October 2016 at 13:41

Interest charged by builder on delay payment of demands

Dear Friends,
I booked a 2BDR flat in Noida Extension in Sep 2012 and now I have got the letter for fit out/possession. The builder has sent me demand letter in which he has charged me Rs 40000 towards interest @ 18% on delay of various payments.I have checked and found that in builder has ignored the delay caused by bank who has finnaced me as the disbursement was delayed by bank for want of some formalities to be fulfilled by by the builders. then there was a delay due to wrong demands sent and the builder has ignored the transit delay.

I want to know whether is any point if i file a consumer complaint against the demand of interest on the following points.

1. Delay caused by bank
2. Transit priod has not been considered in computaion.
3. Challenge the rate of interest
4. Why not the builder has claimed the interest when the delay was caused or even not charged the arrers of interest in the subsquent demand letter. Some of the interest is time barred(ie. more than 3 years)and builder is taking undue advantage now at the time of possession and not giving NOC without clearance of interest demand.
5. Already caused due to recession in the property price and builder is causing extra burdon.

Please advise whether it is worthwhile to file a complaint in a consumer court.

Thanks

P.C. Joshi

Continue

P.C. Joshi 25 May 2016 at 18:45

Taxability of pf withdrawal

Hellow friends,

I shall be grateful if any one of you can throw some light on my following issue relating to PF withdrawal:

I worked in a company long till 2007 for over 10 years where I was a member of PF/EFP.Then i joined many other companies and left and withdrawn by PF in all the cases. In last case where I worked for 3.5 years. I withdrew my PF as the other company which joined had no PF. I am of the opinion that I have already completed 10 years in my previous company so I do not fall within the ambit of minimum 5 years condition for withdrawal and PF and EPF withdrawn by me should not come under the ambit of tax liability.

Please let me know whether there is any tax liability on PF withdrawan by me.

Thanks

PCJoshi

Continue

P.C. Joshi 17 March 2016 at 17:02

Grand mothers property

Dear Sir,
A BC are three brothers. Abt 40 years back, their materinal grand mother(grand father died early) give her entire property to her three grandsons from her daughter(ABC). That time B and C were minors. So the mutation of the property was done in the name of the eldest grandson and it was mentioned in the docs that the other two minors are also equally etitled to the property. But now after so many years, the eledest grandson refised to give any share to the other two brothers. Are the two legally entitled to the porperty and can claim the same through legal process.

Members are requested to share their views.

Thanks
P C Joshi

Continue

P.C. Joshi 27 November 2015 at 17:07

11 months lease

Dear All,
Can a company have its regd office through 11 months lease which is renewed after every 11 months. The lease is unregistered but atteste by a notry public. Is such a lease valid in law.

Thanks PCJ

Continue

P.C. Joshi 02 June 2015 at 10:19

Notice u/s 138nia

I shall be grateful if someone can guiide me in the following case:

I have received cheque from a party on presentation the cheque got bounced with remarks exceed arrangment. I served a notice to the party as per the address given on the agreement. But the notice came back undevliered with a remark that "Address not verified."
In the mean time the statutory time of 30 days have been passed. Pls advise me what should I do now. Can I go ahed with filing complaint with Magistrate. Will my case weakenwhile it comes for hearing.

Thanks & Regards

P.C. Joshi

Continue

P.C. Joshi 10 April 2015 at 14:54

Gift of shares to son

I want to gift some shares of a pvt.ltd. co to my son on his birth day on coiming 27th April. Both of us will be outside country for the celebration.Now my query is whether I can mention the date on the stamp paper as 27th April and what plce should I show. If i mention Dlehi is it wrong?

Pls advise urgently.

P.C. Joshi

Continue

P.C. Joshi 15 November 2014 at 12:37

Partnership deed

Can anyone please let me know the registration fee and stamp duty payable for registration of a partnership deed in Delhi.

Thanks & regards

P.C. Joshi

Continue

P.C. Joshi 05 November 2014 at 10:37

Registration of agreement

Dear Sir,

I have entered into a lease agreement with a party and got the lease registered. After some time, I and Lessor agree to amend the lease. Is there any statutory requirement to get the amendmant agrement registered or we can simply sign on Rs 100/- stamp paper.In Another scenario, if I discontinue the lease but on the same terms and conditions my brother is ready to take the place on the same lease I mean only the name of lessee is to be changed. In this case, can the change of name be done by an amendment or a fresh lease has to be entered.

Shall appreciate for prompt responses.

Thanks

P.C. Joshi
What will the effect

Continue