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Property laws / Re: How much is the cost of probate?
« Last post by adv.amarnath on November 25, 2017, 09:23:57 AM »
Without obtaining Probate a WILL has no value. Immediately your father (if he is appointed as Executor) or Executor shall file Probate before District Judge court having jurisdiction to entertain the same. Otherwise the property will be distribute among your father and his siblings in default.
Property laws / Re: Ancestral property distribution
« Last post by adv.amarnath on November 25, 2017, 09:21:32 AM »
Polygamy is illegal in Indian Law but if there is then all wives will get one Share
Property laws / Re: Power of attorney
« Last post by adv.amarnath on November 25, 2017, 09:19:44 AM »
For Execution of Power of Attorney it does not cost Rs.10000/-. You can see the Tamil Nadu Stamp Duty Act where you will find what stamp duty is required for POA and registration fee is very nominal. Total expenses should not be more than Rs.2000/- but you have to bear the professional fee of an advocate that varies from lawyer to lawyer
« Last post by adv.amarnath on November 25, 2017, 07:34:30 AM »
I would like to know whether we can proceed for cancellation of the aforementioned GPA cum Joint Development agreement as only one month is left for the completion of the agreed period. And how to proceed for it.

First you must go through the entire Development Agreement. If you are involved in anyway for development of construction work then you not a consumer. If you dont have any sort of involvement in the Development work then it is absolutely Development Agreement not Joint Development Agreement.

Therefore you first determine the nature of Agreement then, it is possible for me to give you proper advice.

For further consultation in details you can contact me
Property laws / Re: Cheating by Builder
« Last post by adv.amarnath on November 25, 2017, 07:30:19 AM »
1. Contract is on Rs. 50 Affidavit, where as cost of construction is nearly 45 lakh. Is it valid?
Ans: Absolutely... There is no connection between the Stamp Duty and Construction Value if you avails Consumer Law protection.

2. There is no clause for closer  in contract - he just mentioned, whoever will terminate contract, he will pay all legal fee of court etc.
Ans: Time is the essence of contract. This clause is unlawful and should not be consider if you files a consumer case.

3. What should be my next step to Cancel with him and start with somebody else?
Ans: Without cancelling the same you can file a consumer case.

For further consultation in details and initiation of consumer case you can contact me
Property laws / Transmission of shares in Cooperative Housing Society Limited in Mumbai
« Last post by Ayushi on November 25, 2017, 03:49:38 AM »
My father , a hindu holding a property jointly  with My mother and Grandmother  situated in Mumbai each having 1/3rd share in the said property. The society follows the bye law according to Maharashtra cooperative Housing Society Act. My father died intestate without leaving any will in the moth of March 2017. My parents and Grandmother have made no nominee in respect of the said Flat and the legal heirs are me including my brother, mother, Grandmother and Gandfather. Further we want to transfer my father's 1/3rd share to mother making mother owner of 2/3rd share and grandmother 1/3rd share. I and my brother have released the 1/3rd share by Registered Release Deed. My question is that for transfer of 1/3rd share to my mother, do i require release deed of my Grandmother & Grandfather???And what other documents do i need for transferring my father's 1/3rd share to my mother ?? share certificate is int the name of my father, mother and grandmother... Grandmother's name reflects as first owner.Please Advice
Patent laws / Selling of Used / Refurbished Parts in INDIA
« Last post by on November 25, 2017, 01:56:53 AM »

We are Mumbai based Company dealing in computers & Parts.  Also as part of business we buy & sell used computers and parts like Hard Disks / Motherboards / Memory etc.
These used parts are purchased from end users and other dealers who are also involved in similar business.

Recently we received notice on behalf of Seagate Company (US based company, manufacturers of Hard Disk) that it is illegal to buy & sell old / used & refurbished Hard Disk.  If we continue to deal in such material we will be prosecuted. We should stop all such activity & destroy any old Hard Disk stocks lying with us.

Please clarify whether in INDIA it is illegal to buy & sell old / used / repaired computer parts and or fully computer Laptops.  It is very common for companies to sell their old stocks when they upgrade to new / higher configuration model.  India is very price sensitive market & in every field old items are bought & sold. ( cars , mobiles etc)

Further we are selling old / refurbished Hard Disks in as it is condition (We are not falsely selling old hard disk as NEW).  Also we are not importing this items, but procuring locally only.

Property laws / Cash Gift Rs 6.50 Lakhs within relatives.
« Last post by Jayasuriyan on November 25, 2017, 12:46:58 AM »
Dear Sir,

I am receiving a sum of Rs 6.50 Lakhs from my father's brother's wife by account payee cheque as a GIFT on love & affection.

Please clarify on the following points.

1. As this sum is being paid by father's brother's wife as gift it is not taxable income in my hands. Please confirm.
2. Is there any GIFT DEED to be executed? If so, it is mere Rs 100/- stamp paper will suffice?
3. If Gift Deed is made in Stamp Paper, whether it needs to be registered? please clarify.
4. If it is to be registered in which state donor's nativity state or Donee's residential state?
5. The donor is an NRI & holding American citizenship and not filing any Income Tax Returns in India. But she is giving me a Cash Gift (through Cheque) out of her balance in Indian Bank Account in INR. Is there any tax-ability arise in her hands? or whether she needs to file a IT Return for this FY for this purpose?

Appreciate the legal advice on each point wise.

Thanks & regards,

Criminal laws / Defination of Public Duty
« Last post by aniket305 on November 24, 2017, 03:58:31 AM »
Last year supreme court judgment (Ramesh Gelli vs CBI) in that Court dismissed hi crinimal revision application stating that he is public servant u/s 46A of BR act, he hold an office as he was chairman of Global Trust Bank and also he was discharging public duty. My question is whether following person/institution covers public duty 1. Principal and Employees of Educational Institution without Govt Aid. 2. Director and employees of Private companies dealing with public like private hospitals, finance company, super markets like big bazar & D mart etc 3. Contractor of government and PSU contracts.
Property laws / Karnataka - Succession in property dispute
« Last post by neerajg on November 23, 2017, 02:49:11 AM »
I live in Delhi and had purchased land in my and my mothers name in Karnataka(hometown) in 1970.
After her death in 1981, my siblings got their name added via RTC(Pahani). I got to know about this RTC only last month.
            My siblings are asking for share in the property now. How much are they legally entitled to? Will i have to share it equally? The entire payment for purchase was done by me and the agreement is in my and my late mothers name.
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