kamal
20 July 2016 at 13:43
My wife filed divorce petition in family court under section 13 1(i-a & i-b) of Hindu Marriage Act. In her main petition she has not claimed any permanent maintenance and alimony and nor she has filed any application u/s 25 of HMA act. My wife’s witness stage is now closed. Next date is fixed for my witness (respondent witnesses). I have a doubt that she will orally ask for permanent maintenance and alimony during argument stage.
My query : 1) This there any way by which I can prevent her from misusing the law. Because once my witness stage is over I would not be able to defend it on merits. Is there any misc application that I could file now requesting the court to direct her to file written application for permanent maintenance & alimony so that I am able to defend it on merits (with documentary evidences)
Bharati Agarwal
20 July 2016 at 13:15
Sunil Kumar Gupta Huf was constituted in 1991 with Mr.Sunil Kumar as Karta, Mrs Saroj Gupta(Wife), Ms. Sarika & Ms. Indu (both daughters) as Members. Presently both daughters are major & un-married. This HUF has maintains a SB Account and Depository Account with a private sector Bank where Mr Sunil Kumar was only signatory as karta. Both accounts have deposits. Mr Sunil Kumar has demised recently with a will. The Bank has made Debit Freeze in both the accounts and is asking for any of these for releasing the fund and shares:
01. Succession / Probate Certificate
02. Court Decree / order
03. A Registered Family Settlement Deed executed by all Legal Heirs of the demised karta.
As suggested by tax practioner, the HUF has been properly re-constituted by all three female survivors and the senior most female member, the wife & mother Mrs Saroj Gupta is designated as Karta and the two major & unmarried daughters remain members/coparceners.
A family settlement Deed is prepared by all legal heirs of late Sunil Kumar Gupta, i.e. the mother, the wife, and the two daughters to the effect that the HUF entity shall survive with three females as described above. The mother has agreed to throw her shares (1/4th of 25% belonging to demised karta) in both accounts to the existing HUF and thus the HUF shall survive in its re-constituted form. The Bank is not agreed. The Bank insist on the eldest daughter be made as karta in case of depository account, which is contradicted by practioners.
Sir(s) with due respect please thro light on the issue and clarify (in the light of amended Hindu Succession Act and other court decisions recently on the issue)
01. whether an HUF shall survive with its re-constitution where in senior most surviving female(wife of demised karta) as Manager/Karta and the two major - un married daughters as members/coparceners ?
An urgent and multiple Expert Opinion is sought as we have seen rampant ignorance about it in course of our journey for the resolution of our matter.
Thanks & Regards
Prithvi
20 July 2016 at 12:16
I am having a query about taxation of Trust not Registered with Income Tax U/s 12AA .
Such unregistered trust have Income of Rs 17 Lacs from Government for social welfare Projects & Rs 1 lac of Voluntary Contribution (not Corpus donation) . The Trust had expanded the whole of Rs. 17 Lac (even more) of the grant received for the specified purpose of welfare project & the trust have also incurred administrative expenses of Rs 1.5 lac approx. The whole operation resulted in loss for the particular financial year.
Now the query is , what will be the taxable Income of this Trust. Whole of Rs. 18 Lac , or Rs 1 lac of donation or zero Income , as trust suffered loss ?
Also please guide, if the trust is unregistered, then which ITR form (ITR 5 or ITR 7) will be use for Income Tax Return Filing.
akbar khan
20 July 2016 at 12:12
My names akbar Khan my father has a disputed land where my father's sister's have done some illegal construction we're a muslim family and my grandfather expired were are facing mental harassment we hired a lawyer but haven't gotten stay from lower court still. Could you please send me some suggestions.
YASHPAL RAWAT
20 July 2016 at 11:22
Kindly suggest if Duty paid Sold goods are returned with original invoice to factory which are not amounting to reprocess or manufacturing so what is procedure in respect of following
1. How to take Cenvet credit
2. If goods are returned after 6 month so Cenvat can be taken
3. Need to show in RG or maintain separate register
4. How to show in ER1
VIJAY K. TEOTIA
20 July 2016 at 10:44
sir
I am filing a complaint under 138 of N.I.Act.I have documentary evidence to prove offence under 409/420/120 B of IPC also.
My question is that can we file complaint under section 138 of N.I.Act along with 409/420/120 B of IPC?
There are conflicting judgements reg clubing other sections of IPC with the complaint under N.I.Act.
Thanks
sridharan
20 July 2016 at 10:30
Dear sir/madam,
i had taken a loan of 1 crore at idbi bank bangalore for the purchase of site.
i am paying my emi regularly for the past 25 months not even a single emi is defaulted.
now the site is acquired by BDA.
I DONT KNOW WHAT TO DO KINDLY HELP ME IN THIS REGARDS.
manoj
20 July 2016 at 09:58
I would like to file a right to information to know all the job vacancies under central government for differently abled graduates . What are the procedures i should do?
manoj
20 July 2016 at 09:55
I have recently converted from hindu to christian. Is there any legal formalities there needed for me if i didnt want to change my name ?
Can i use christian as religion for any types of application for admission and exams ??
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Stamp duty + registration of a 2008 affidavit
Both, the Original Member (OM) + the Associate Member (AM) of a CHS flat died leaving behind a brother (B) of OM and wife of AM.
Wife signed an affidavit (on her own behalf and on behalf of her children) surrendering all her rights in favour of brother B. Wife was paid 'X' Amount as her full and final share of her husband's (AM) inheritance and this was recorded in the affidavit.
This was in 2008. Property value then was 30 Lacs. Brother B wishes to get that affidavit mentioned above, registered now and pay stamp duty + any penalty for deficit /non payment of stamp duty in 2008. Wife of AM also expired a year later.
How should B compute the stamp duty + penalty? on 'X' Amount or on 30 lacs ?
For registration, since wife is no more, how to get the afidavit registered ?
Guidance from legal experts will be highly appreciated.