Tipsy
10 May 2013 at 20:52
Long-term capital gains from selling a house get tax exemption if they are invested in buying a new house.
The new house has to be bought in one year before the transfer of the first house
or
One can buy within two years after the sale
or .
One can buy an underconstruction apartment to save capital gains tax, provided its construction is completed within three years of the transfer of the first property
The deduction allowed is equal to the actual investment or the capital gain, whichever is lower.
Now is it necessary to get the house registered to get tax exemption or mere agreement will do ?
dhawal
08 February 2013 at 19:56
case- A business loan from HDFC bank O/s around 70000/- around 40% of loan availed. i unable to pay because of business loss that business on which loan taken is almost closed and
HDFC bank passed the case to the arbitrator and arbitrator awarded the case and ordered to pay outstanding dues with 12% interest and from the same bank my car loan is also pending which is regular and only 2 installments are pending.
my question is-
1) Can bank take possession of car and recover the amount which is not related to business loan.
2) If not, how can they recover due amount because business is closed which is the base of loan.
3) After the award of arbitrator now where i can appeal, do i having a right to ask him reopen the case.
4) now after all these do i am in the position to approach bank for settlement of case.
5) BUT MOST IMPORTANT IS ABOUT MY CAR IT IS SAFE OR NOT.
Arul Kumar
08 February 2013 at 19:27
Dear Experts,
My flat in 6th floor in a Co-operative Housing Society (SRA) in Mumbai city. The lady in 7th floor above my flat wash her room by pouring water in her hall which caused water seapage in ceiling of my flat and spoiled the pop and caused flaking of ceiling painting. Dispite of repeated warning she has not stopped this act for an year. Complaints to the Managing committee also fell in deaf ears.
Please advise me what kind of action can be taken against such errant member.
Thanking you,
AK
Raj
30 January 2013 at 12:13
Dear all,
Please help in the following case:
Case:
1. A is owner of a flat that comes under Maharashtra jurisdiction. The complex is yet to be registered as a society.
2. B is tenant of the flat mentioned since February 2012 upto January 2013 by means of leave and license agreement of 11 months.
3. The leave and license agreement is unregistered and the agreement was entered using a Rs. 100 bond paper with witnesses.
4. B paid a refundable deposit and 11 post-dated cheques to A.
5. The cheque for the month of April bounced. B credited A’s account directly though cash deposit after persistent follow-ups
6. Cheque for the month of June bounced as well. B credited A’s account directly again after persistent follow-up
7. Rental cheque for the month of July bounced again. No amount credited for the month.
8. On follow-up in July and August, A came to know that B is not in town due to business problems. The flat remains locked.
9. A did not deposit cheques for the months of August, September, October, November, December and January as A felt those cheques will bounce as well. A took comfort in the deposit amount that took care of rental till December.
10. A deposited cheques of October, November, December and January in the month of January. All the 4 cheques bounced.
11. Since December, A launced sustained efforts to make B vacate the flat through the broker but as B was still out of town, A had been unsuccessful.
12. B stayed in touch using SMSes to A in January and the broker wherein B keeps asking for time to vacate due to his so-called personal/business problems
13. A issues legal notice to B and broker to vacate the flat a few days before expiry of the agreement with cc to local police station
14. The notice says that A will have the right to vacate the flat and A will not be responsible for loss of items belonging to B
15. The scanned copy of the legal notice was sent to B via email that has been received by B.
16. B is also involved in similar case related to his business shop with another landlord.
Questions:
1. What are the options available to A to vacate the flat? Can A forcefully vacate the flat using panchanama? Is it possible to let out or sell the flat after forcefully vacating the flat? What could be the consequences in doing so?
2. What is the legal avenue available with A and what is the realistic time frame to get a court order in A’s favour? What are the procedures involved?
3. What is the legal protection available with B?
4. How can A claim the rent amount during the period of leave and license agreement and post the period of leave and license agreement?
Thanks and Regards
Member (Account Deleted)
29 January 2013 at 17:12
A has a son B. A dies suddenly, after that suddenly C claims to be the wife of A while distribution of property. B outrightly denies this fact of C. C says she was living with A from last 10 years. After investigation, It was found C and A were living together for 10 years and trial court arrived at the fact that the society accepted them as husband and wife, so they have to be treated like husband and wife. But B argued the marriage to be invalid as per Hindu Marriage Act, 1955. Presently the matter is before SC by a SLP opposing the trial court's decree.
So whether living 2gether for 10 years as husband and wife without fufilling the condition of HMA gives the status of husband and wife to parties or not.
plz suggest argument from the side of wife C.
Anonymous
11 December 2009 at 17:10
Hello Sir/Madam,
GA!! I m writing about this constant suffering of our family , Any advice/information will be highly useful in leading our daily life.
My neighbour staying next to our house who is also my aunt is almost daily harassing us (not sure if this is the right word)
She is a financier and chit fund runner of this area in bangalore. Rich in money and muscle power also. I say muscle power bcoz my other neighbour staying opposite our house is a rowdy or rather a person who is very violent and runs playing card clubs and is a close associate of my neighbour aunt.
We are first generation in our family who got educated and built a house for ourselves demolishing the 50 year old one. Problem is she is jealous that we are improving our standard of life and she always keeps shouting at us with all foul language to the extent that i have literally lost tears crying for her abusive words. She doesnt need a reason to do it. Now since we built a new house , we hve left some space towards her house and have a window facing her house, this is the same way they have for their house also.
She is taking this reason and shouting at us to close all openings from our house facing hers, in the pretext of this she uses filthy words calls my mother prostitute etc etc . she few days back was loudly telling to some visitor in her house that i had told her i am not born to my father and sometimes she shouts on the road at us very badly , she has the background of those guys in front of the house whom also most residents in the road fear. those guys use filthy language to the core among themselves while speaking in front of the house on the road.
Every day i am worried when again she will start shouting, inspite of taking troubles of building our new house, i am unable to live peacefully i sometimes feel i am always fearing when she will start off again.
while constructing house also she made baseless complaints in police station and we had to go 4-5 times, once she even complained that i threatened that i will kill her. and after going to station she will start saying only other complaints which are not linked to it. They know everyone in station through those guys in front of the house who were running playing cards and i think they cant do it without their support. i dont know if they playing cards can be proved but its the truth.
now having fed up with life of hearing abuses, many of my relatives especially women wont like to come to our house even they want to bcoz of her shoutings sometimes, and it really putting me in a very bad face when they come and if it happens.
my friend suggested me to buy a voice recorder and record them, i bought one and am recording it whn she abuses while i am at home. I have recorded it for last one month while she was abusing. will this be useful ? is there anyway to stop her from doing it with this ? she is not in talkable terms so we cant speak also.
I liked this site for few days and was going through that many kind hearted people are lending legal help or suggestion/ advice here.
I also need similar advice and I cant say by words how much difference that will make in my life, Thanks a million in advance for any suggestions in this which might help my family and tenants in the house to lead a peaceful life day by day.
Many Many Thanks again.
This site is making the difference. Congrats and thanks to the site owners.
Regards,
Prasadh
Malleshwaram
Bangalore
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Issue related to co-op housing society. resolution contrary to mcs act section 72
I agree with you, as far as matter of co-Op Housing Society not related to (REDEVELOPMENT) the Society cannot pass any resolution arbitrarily. Hon'ble Hiigh Court Judgment is also passed in this regard. Sec 72 of MCS Act clearly says that the Resolution cannot overrule the bylaws, Acts and Rule
One query is Can Society pass a resolution in General Body on the following in the presence of Authorized Officer conducted the AGM due to failure of the MC to conduct the AGM before 30th September 2013.
1. The Auditor has given in Audit Report the misappropriation of funds/ irregularities/Recoveries
2. When asked the query about the above matter in Audit Report, the Secretary said the matter is subjudice in the Court (one member has filed in the Court) so when the matter is pending in the Court , Can the General Body pas a resolution on the matter on which the Secretary refused to answer on Auditors report
3. The Chairperson/Treasurer and another MC member have not signed three consecutive MC Meeting and ceases to be member, and and have signed/approved the Accounts/ balance sheet and the AUditor has submitted the Audited Account (not knowing yhr facts of not attending the meeting)
4. The Secretary resigned in the month of June 2013 and the MC minutes says that resignation is kept in pending and the Secretart herself sign the said Minute. The resignation cann be kept in pending for six months and during six months six meetings were taken up.
5. The Secretary rented her flat s and staying outside Society premises and signed the Agenda and Secretary Report.
6. Non Members raised their hands for Voting in passing Resolution ..
Please advise