Sandbpunekar
28 January 2021 at 18:13
I have 1/6th share in 3000 sq.ft plot in Municipal Corporation Area and my name is jointly registered on corporation record after demise of my father. One brother wants to relinquish his rights in favour of 5 brothers unconditionally and without getting value for his share. 5 brothers donot want this share from brother. Hence reconstruction scheme could not be proceeded in past 30 years.I now want my share to be sold to a person outside of family members. One another brother is residing/dwelling in a house constructed by father on this plot. All 5 brothers including interested in relinquishing his rights of share are not residing in this plot and constructed home. Is it legal to sell my share to third person in this joint property where boundries are not defined/partition is not made and whether consent of 5 brothers is necessary for sale.
Query is restructured.for better understanding and getting valuable guidance.
Anonymous
15 November 2018 at 16:34
Developer of Housing Society has taken possession of my flat for redevelopment of Society building who is paying me online Rs.20000/- p.m. i.e. Rs.2.40 lac p.a. towards compensation of rent. Work of plinth is on progress. My annual income from pension plus Bank’s Deposit Interest in my name plus on wife’s name will be Rs.6 lac in current financial year. I am filing IT Returns till now including income of my wife from earning interest. Now my son from USA has sent Rs.50 lac in saving account of my wife in April 2018 for purpose of expected maintenance and repair expenses of flat in the name of my wife, Medical Expenses of my wife and myself and medical/living expenses of my my two major kids. One of these kids is dependent daughter and minor grandson( No personal income of daughter and grandson). While other kid is major earning son but his income is insufficient to meet his cancer treatment. Wife will earn Rs.200000/- extra income this year from Bank interest on Rs.50 lac plus Rs.2 lac from rent of flat. I have following question.
1. May I claim Rs.2.40 lac income received from Developer under IT Act Sec 56 and same amount deductible under Sec 57(iii) so as to save income tax.
2. Should I file separate IT return of myself and wife separately to save income tax.
3. Is their Gift Tax on amount Rs.50 lac received by my wife from his son for purpose stated above.
Sandbpunekar
24 October 2016 at 19:41
Case is referred 26 days ago under Betrayal Adultery and Divorce subject. 2 lawyers were contacted who gave different opinion.Hence confused.
1.Husband wants to get divorce in India while she was ready to comeback in India. Now she is not willing to comeback to India. If wife get separated in USA being greencard holder she can file divorce case there which means 50% loss on life long earning of husband and in all tangible and non tangible assets which will go in hands of wife for ever. More over some false criminal charges husband may face.
Lawyer one opined to submit adultery case against her lover.(Criminal charge for adultery is not provided against women in law hence against lover). Also file Divorce case in India. If she comes to India then it will be easy to send summons to wife. Summons can be sent in USA. If she accept for MCD then it will be easy to settle the case. He also suggested to give POA to relative of Husband duly attested by USA Consulate who will sign for submission of case of divorce and adultery in India. As such Husband is not required to present in India for submission of case. He may be required to come in court for 1 or 2 times.It is to be added that Lawyer one has suggested for anticipatory bail case to be submitted in India by Husband through POA holder as a precautionery measure. This can be filed by POA.
2. Lawyer two said first send Lawyer's notice to wife by email or courier in USA directly and not through consulate stating adultery revealed and prepare for MCD in India. If she does not accept, Husband has to come to India for submission of divorce case. Advocate said wife can be sued for adultery case in India and once divorce case under HMA and adultery case is filed in India, USA court can not continue same cases there on same grounds. If wife is ready for MCD then both are required to be present physically for submission of divorce case. Advocate advised not to file adultery case against Lover of wife if she is ready for MCD.There is no necessity of anticipatory bail as wife can not find any criminal evidence against Husband.
MCD will not be accepted by wife when she has powerful rights in USA
It is confused matter, who is wrong and right. Can one identify best lawyers in Pune who are knowledgeable & experienced in NRI divorce and adultery cases. On internet no such information is available. Can any one guide and help.
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Refusal of job to cancer patient after offere job by company
My son is a cancer patient from 4 years. He is performing duties in IT department (finance) of multinational company for 10 hrs/day. No other inabilities and medical problems to him exists. He wants to switch present job for higher salary. He is likely getting Offer of new multinational company. Oncologist has given certificate "Fit for duty". Now following questions
1. Should I disclose voluntarily my cancer to new company after receiving offer or wait till the time of medical exam by company and disclose cancer as Oncologist has given me fitness certificate.
2. Has company right to withdraw offer on ground that he carries cancer and medical exam of company has not cleared fitness. Any labour laws protection for him to fight against COMPANY asÂ
he holds fitness certificate of Oncologist.
He may face risk of resigning present job and loose new job also on medical ground hence this query.