Atish
19 September 2017 at 06:39
Date:19/09/2017
Dear All,
I have a flat in Colaba, Mumbai of which the document was prepared in somewhere around 1970. There was no registration in those days.
I have misplaced the original and have no zerox too.
I have a few receipts paid at that time. I have the original share certificate for the same. I have the electricity bills for the same too on my name.
The society charges bills which I have been paying are also standing in my name.
Besides this there are many exchange of letters and notices for meetings between the society in my name too.
Now I would like to sell the property.
What is the course of action to be taken for that lost agreement.
I would also like to take out the 1981 valuation of the flat. Kindly guide and refer.
Regards
Atish
Atish
03 November 2016 at 17:17
Hello Respected All,
If the executant of a registered will is not a blood relation to the receivers in the will, then will any taxation be applicable on the fixed deposits and saving account amounts or any other such amounts mentioned in the will to the receivers after the demise of the executant? Besides the will all above mentioned accounts and amounts are jointly in all the names of the executant of the will and the receivers as either or survivor.
Regards
Atish
Atish
08 May 2016 at 06:46
Dear All,
The Maharashtra Family Court website which also covered Pune Family Court was reflecting on the District Courts of Maharashtra website. For the last many days the Family Court website has been removed from the same.
Could I please be guided as to whether there is a Family Court website besides that where I could access for Family Court Pune.
Regards
Atish
Atish
07 May 2016 at 04:29
Dear All,
My son bit into a digestive candy of a famous pharma company of Indian manufacture which was ordered online. He suddenly felt a prick in the mouth and on taking the half bitten candy out of his mouth, he found a stapler pin embedded in it. I have got the proof along with the wrapper and even the packet which it came in.
What action could one take from the initial start for the same. Do we put it in the media, sue them or ask for a compensation. I would not like to go through years of court hearings and spend a bomb without knowing the final results and want a quick way out. At the same time would like to create awareness of the same incident to the mass.
Kindly guide.
Regards
Atish
Atish
21 December 2015 at 19:52
Dear All,
As per Muslim Sharia law the Khullanam of the Maulana on his letter head was notarized, Besides that an entire Khullanam document stating all points on property and maintenance not to be asked for in future or any other case being filed was signed. This was on a Rs.100/- stamp paper and notarized with photo of ex wife and husband, signatures and thumb impression.(Family court order for petition filed by wife also went heavily against her stating adultery. and other severe points.) Khullanama was after that but notarized as mentioned above
Is this notarized Khullanama a valid document as far as to delete the ex wife's name from the Ration Card and Passport or other such documents.
The ration card office has said to get a court order.
Now how do I obtain a court order for the same as ex wife may now make excuses just to trouble.
Family court order was in Pune and Khullanama notarized was in Mumbai.
Request for a reply in detail.
Regards
Atish.
Atish
09 December 2015 at 12:02
Dear All,
A new ruling has been given by the government on gift or transfer of property to a relative/kin which shall bear no stamp duty.
I request to know that if after the transfer to the relative/kin, if they sell the property with immediate effect before 3 years then will there be short term capital gains or long term capital gains.
Regards
Atish
Atish
08 March 2015 at 19:54
Dear All,
I have flats in co-operative societies in Pune. I believe that either the HC or SC has come out with a verdict that students cannot be banned from entry in flats in societies though their society may have made the rule.
I always register my agreements and obtain Police N.O.C.
I case there is such a verdict of the HC or SC then where could I get it from on the internet or otherwise and what section and where should I be able to obtain it from.
Will be obliged as I am dependent on these incomes.
Regards
Atish
Atish
05 August 2014 at 20:22
Hello Respected Advocates,
Husband and wife are staying separately for more than three years. Husband is out of India but marriage had taken place in 1997 in Mumbai as per Hindu marriage act. Does the Family Court laws say that if separation is for more than 3 years then the divorce could be automatically be granted? Is there that 6 month period still existing along with counselling after filing a divorce petition after separation of more than 3 years?
Regards
Atish.
Atish
21 June 2014 at 18:22
Dear All,
My wife had filed divorce petition under Section 2(viii) of the Dissolution of Muslim Marriages Act, 1939, and Related reliefs regarding property, Alimony and custody of minor child and a separate petition for maintenance in the Family Court (We are Sharia). The evidence provided by me in fact proved her wrong and the court order was in my favour and Divorce was not granted to my wife. Child custody came to me and findings in the Judgment were, Adultery of my wife with her Advocate(previously my Advocate) , cruelty to husband, pre planning, vexatious pleadings and along with cost of Rs.5,000/- to Husband i.e. me. Alimony or properties and maintenance were also denied to my wife.
My wife has gone in appeal to the High Court for the same. Here also she was denied the pending Interim Maintenance which she had not even got in the Family Court through an Order of the High Court.
While the above matter was in the Family Court for 4 years, my wife simultaneously filed 5 other false cases regarding properties of which one was a criminal case in the District Court.
All the cases have proved very weak for her and now that herself maybe getting tired of all the cases as no evidence available with her and all evidences in favour of me, my wife has approached a Maulana who sent me a 1st notice for KHULLA.
I replied to the notice as received. Even on receiving my notice he very soon sent me a 2nd notice to which I immediately replied. On this I also called him and he was in his village. He told me to meet him in person on his return. On his return I met him personally and it was discussed that there are my terms and conditions that I will accept to sign on the KHULLA. He mentioned that she does not want anything from me but just the KHULLA. He then told me to send my trems and conditions for KHULLA acceptability.
I sent him a very detailed letter explaining that all the false cases should be withdrawn and besides this there were many other conditions which were none that could have not been accepted by my wife.
On receipt of this letter the Maulana on the spot gave us 3 days notice to come and sign the documents stating that my wife has not seen it but that he has telephonically told her. The letter is so vast that it cannot be explained only telephonically in a moment. In this 3rd notice after my letter with conditions, the Maulana mentioned that if we would not attend that particular day then he will proceed with the KHULLA.
My fear even if my wife does sign the KHULLANAMA with these conditions, she may then not co-operate in taking back all the cases as she has to appear personally plus the other conditions. This will be like me giving her the freedom and still stuck in the web as she could still likely initiate the cases.
All letters have been sent by Registered A.D. from both ends.
My main question is that is it possible as per the Law that even on my not being present, appearing or singing on the KHULLANAMA, could she or the Maulana register a KHULLANAMA according to the customs and obtain KHULLA by just sending me a notice. This would put me stuck up with all the cases and conditions just to trouble me after that.
Kindly advise as this is a very ugly situation for me which I have been dragged in for the last 5 years for no fault of mine.
Regards
Atish
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Gst on rentals
Dear All,
We have got a few residential properties given on Leave & License basis. They all are on 2 names each.
We are planning to purchase a commercial property to give on Leave & License basis.
In case the commercial property does not cross Rs. 20 lakhs a year alone but counting the residential properties combined income does cross Rs. 20 lakhs in the year, will GST apply on the combined income or will the commercial rent be income be treated separately and have nothing to do with the residential income.
Also the properties are on 2 names each. Will the income as declared in income tax as 50% each party (name) be considered. E.g. If only from commercial income the rent is crossing Rs. 20 lakhs but divided in the 2 names and coming below Rs. 20 lakhs each, then will that be considered as GST not applicable or it will be considered as a whole for the first holder of the property.
Also if the first holder is a senior citizen 85 years of age, will there be any sort of relaxation in the GST if applicable as in the case of Income Tax.
Regards
Atish