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abhimanyu   18 March 2022 at 21:34

Circle tate more than pruchase price

One of my relatives proposes to purchase a residential property In Haryana on or before 31st March, 2022 the sale price of which is around 15% LESS THAN the CIRCLE RATE of that property . To put it differently, , the Sale Price of the residential property is appx. Rs. 20 lakh LESS THAN THE CIRCLE RATE OF THAT PROPERTY. KINDLY GUIDE TAKING INTO ACCOUNT EXISTING APPLICABLE LAW AND PROVISIONS OF INCOME TAX

1. WHETHER THERE WILL BE ANY ADDITIONAL LIABILITY OF INCOME TAX ON THE BUYER OF THE PROPERTY;

2. IF ANSWER TO THE ABOVE IS IN AFFIRMATIVE, HOW MUCH WILL BE THE LABILITY AND WHETHER THERE IS ANY WAY TO AVOID THAT LIABILITY

Anonymous   18 March 2022 at 19:15

Death of co-borrower of loan

My Uncle passed away three months ago. My Uncle had availed Mudra Loan for Business, Car Loan (His wife is co-borrower) and Home Loan taken jointly by self, his wife and his son. After his passing away, we informed the Bank of his demise. Now, the Bank before transferring the funds from his savings account to registered nominee's (his son) account, had cleared the loans availed by him.

The Mudra Loan was entirely cleared.

For the Car Loan, the loan was availed in 2016 and the EMI's had regularly been deducted from his wife's account. Now, the Bank wiped the entire outstanding dues from the savings account, without any intimation to his family members and nor to the co-borrower of the loan, his wife. Is this justifiable on the part of the Bank to clear the dues without any intimation.

Because of this, the family is facing financial difficulties. We have filed the internal complaint with the Bank, but they keep on responding the transactions done to clear the loans.

IS NOT THE BANK REQUIRED TO INTIMATE EITHER TO THE FAMILY MEMBER, OR NOMINEE OR CO-BORROWER OF THE LOAN?

What is the remedy available?

Member (Account Deleted)   18 March 2022 at 16:14

Bailiff by court

Can anyone please confirm, when a civil judge says "issue warrants of possession of the suit property and appointment of bailiff by decree holder" , what does it mean ? And once the bailiff visits the house for possession for the first time,what does he do exactly? Will he throw the stuff out of the house and lock the room ? Or will he give notice and a warning to vacate the house? Is there any way by which one can avoid bailiff for the first time ? What can I tell the bailiff so that he goes back politely? please advice

Anonymous   18 March 2022 at 14:38

Land recovery

Sir,
Sir i belong to ST community , We had sold a plot , to a General Community person with proper permission from revenue office.. we sold it as we were in a land dispute . WE ARE STILL in possession of the sold land , and its more than 13yrs of the sale done. He could not take the possession as we were fighting a land case . NOW THE case is over and in order to give him the possession we demanded him the current market value but he is not entertaining us. I have two questions :
1 . HOW much money do we have to pay him if we want to take the plot back. As its mentioned in the deed that incase e dsnt get possession his money needs to be returnd with interest .
2. Can we claim the land by limitations act as its more than 12yrs . And by adverse possession we can legally claim it back. I live in west bengal.

What do you suggest .

RAIHAN UL HAQUE   18 March 2022 at 13:45

U/s 80 notice be issued to a club !

I HAVE FILED A SUIT TO THE CIVIL COURT (SR DIVISION) AND APPEALED FOR AD-INTERIM INJUNCTION TO THE COURT AGAINST A CLUB (THEY HAVE SOCIETY REGISTRATION ONLY). THE COURT ORDERED FOR TEMPORARY INJUNCTION. OPPOSITION FILED A PETITION AGAINST THE TEMPORARY INJUNCTION MENTIONING THAT "PLAINTIFF MUST ISSUE A NOTICE TO THE RESPONDENT CLUB U/S 80 CPC BEFORE FILLING A CASE AGAINST A REGISTERED CLUB." NOW, THE JUDGE IS DEMANDING RULINGS ABOUT THE MATTER. PLEASE PROVIDE LINK FOR THE SAME. THE MATTER IS IN WEST BENGAL.

R.K Nanda   18 March 2022 at 13:32

Holi wishes

Happy Holi to everyone associated with LCI.

Anonymous   18 March 2022 at 11:26

Recovery of money

Sir,
I have given Rs16 lakh to whom I have live-in relationship through NEFT transfer.
She file 125 CRPC against me.
Can I file summery suit against her ?
Can I recover my money ?

Anonymous   18 March 2022 at 01:06

Query on mvop claim

My wife was hit by a car from backside and got severe multiple fractures. Police filed IPC 338 on the driver of the car and i am planning to file MVOP claim in court.
My wife age is 34 and she is about to join a company which pays 50000 salary.
Due to accident and major surgeries, she had to take 6 months bed rest because of which employer terminated the offer letter.

What is the maximum amount that can be claimed in this situation ?
There are no legal dependents on her.
There is no disability certificate.
The driver has valid insurance, license, rc at the time of accident.

S Sumathi   18 March 2022 at 01:01

Can elder brother buy property via absolut and ln from bank

Can brother buy property via absolute sale deed from own sister through home loan from nationalised bank in bangalore, because bank is refusing to find such property.

Anonymous   17 March 2022 at 18:36

Divorce case

My wife filed a divorce case in 2012 claiming that she doesnt want to live with me citing my liquor habit as if am a full time drunkard. I opposed the same as it was not true and the case dragged till September 2019. My lawyer intervention and advise with my wife but she was very much adament. hence mutual divorce was filed by both of on September 2019. Till such time she was in her parents house along with my two childrenAfter 6 months the case came for hearing in March 2021 when I attended the court she didnt appear citing pandemic situation when she attended the court when I was affect by Covid 19 in July 2020 advised for home isolation and March 2021 and was hospitalised for 10 days and further was advised of home isolation for 15 days thereafter. meanwhile as the pandemic situation worsened the government order restriction in transport, There in August 2021 order was pronounced as Case Disposed and Nature of Disposal : Uncontested Dismissed. what does this mean? is the court trying to say that we can live together. till now my wife has not appealed further. Kindly advice for which I will be much obliged

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp