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Posted 19-Sep-17 22:21 PM

Grandfather's property being sold, my mother has built a house on the 1st floor. Can she claim a little extra in the share compared to all her siblings? As of now, they want an equal share and not willing to give extra

My grandmother is selling my late grandfather's property, in which my mother has constructed a portion, we are asking in the division of the property, but they are not willing to give extra and want to divide the sale amount equally among other siblings who have not invested in the property at all. How to claim our rights?

Posted 19-Sep-17 22:19 PM

Grandfather's property being sold, my mother has built a house on the 1st floor. Can she claim a little extra in the share compared to all her siblings? As of now, they want an equal share and not willing to give extra

My grandmother is selling my late grandfather's property, in which my mother has constructed a portion, we are asking in the division of the property, but they are not willing to give extra and want to divide the sale amount equally among other siblings who have not invested in the property at all. How to claim our rights?

Dev

Posted 17-Sep-17 23:54 PM

My father passed away 5 years back. Now, as per government policy we are required to update the mutation details of the property in the local municipality.

My father passed away 5 years back. Now, as per government policy we are required to update the mutation details of the property in the local municipality. My father's legal heir are my mother , myself and my sister. Now, to carry on the mutation, should we transfer the house to my mother's name ?

Dev

Posted 17-Sep-17 23:31 PM

My father passed away 5 years back. Now I want to transfer the property to my mother's name. I have a sister who is married. Kindly let me know the procedure to transfer the property to my mother's name.

My father passed away 5 years back. Now I want to transfer the property to my mother's name. I have a sister who is married. Kindly let me know the procedure to transfer the property to my mother's name.

Deepak Batra

Posted 17-Sep-17 18:37 PM

Can I raise a case in Indian consumer court on international airlines on the event happened to me at Istanbul airport?

I was supposed to fly from Mumbai to Amsterdam, but because of the denied boarding I couldn?t reach my final destination as planned. Few days back I did a Europe tour from India. So, I can apply for a visa from the country which is either my first port of entry in this case Netherlands or the longest stay which in this case Poland and therefore, I had applied for my visa from Poland embassy. Now following is what happened with me. My flight was from Mumbai, India to Amsterdam, Netherlands via Istanbul with Turkish Airlines I travelled from Mumbai to Istanbul (no problem here). When I was boarding to flight Istanbul to Netherlands, airlines officials (the ones who checks the boarding pass before boarding the flight) told me that I could not board the flight because my visa was issued by Poland and I need to go to Poland first. They were denying the longest stay option of the visa. Moreover NONE of the staff of Istanbul airport were able to understand English so I had to go to a lot of problems before I managed to get tickets to Poland and that too with the help of some official through Poland ticketing office, which is beyond Istanbul passport office. The only direct flight available is through polish airways for that day and not with any other airlines. I somehow managed to fly to Poland from Istanbul after lot of struggle at Istanbul airport (without food and water). I did not received my luggage at the Poland airport and had to spent whole night at the Warsaw airport and took a flight to Amsterdam from Warsaw airport next morning. I got my luggage after almost three days of my flight from India at the Amsterdam airport.

Utkarsh Srivastava

Posted 09-Sep-17 21:31 PM

Process of reversing a registry.

Dear All,My uncle has expired and survived by my illiterate aunt (having no kids) . She was supposed to give her home post her death to her relative through will. But fraudulently, that person has made her sign on a registry stating that she has sold her house to him in return of 7 lakhs, which is not the case.Can this registry be reversed nullified by any legal procedure?

Jaideep Bhadoria

Posted 06-Sep-17 15:00 PM

ipc 332 related got punisment of 2 years

Respected , my self jaideep bhadoria i, i have charged fir under ipc 353 , 332 in year 2012 in a fake case by "police home guard ". now i have punished only under ipc 332 for two (2) years and 1000 rs fine. i have applies to session court with new advocate because old advocate spoils my case due no proper cross against home guard sdop.my Question are1. Can i compound in session court with home guard.?2.what is a your proper advice

Without perusing or seeing the finding and evidence before the court, it is difficult give an answer. Lower court is fact finding courts. So again evidence has to bring out from defacto complainant is not possible at the time of considering an appeal. Section 362 of the criminal procedure code provides that in every case in which an appeal lies the evidence shall be recorded in the manner specified. It is necessary to check the home guard is comes under the head public servant?

You have to argue that the case of the prosecution is false, concocted and after­thought and accused persons are falsely implicated with a view to harass and humiliate them in the eyes of the society and to maintain the police officials their prestige. Without a record of the evidence the conviction ought not to be upheld.

 

Section 332 IPC reads as under :­ "Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

Also know about the Powers of the Appellate Court. – After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under Section 377 or Section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may – (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction – (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or (ii) alter the finding, maintaining the sentence, or (iii) with or without altering the finding, after the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence – (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or (ii) alter the finding maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

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Posted 25-Aug-17 22:53 PM

How does GST prevent tax evasion? #GST

Why is it expected to increase the tax base in the country? Can business still not evade paying service tax like they did in the previous tax regimes?

GST is expected to widen the tax base by incentivizing downstream businesses to purchase from vendors who have already paid the GST and claim input credits for the same. Vendors who do not pay the GST will not be able to pass on the credits their clients and will thus have to provide bigger discounts to keep the business. Eventually, paying GST will become easier and cheaper than not paying it. 

Imagine that you make some component "FNL" which, in turn, requires another component "INP" which costs INR 800 and falls in the 18% GST slab .Also, lets assume "FNL" sells for INR 1000 and you are in the 18% GST slab. So you will have to pay 18% * 1000= INR 180 as GST to the government against the sale of each "FNL" component.

Now if you have purchased the input component "INP" from a GST paying vendor,  you will get INR 800 * 18% = INR 144 as GST credits and you shall only have to pay INR (1000 - 800) * 18% = INR 36 as the additional GST. So essentially, you would pay the vendor INR 800 + INR 144 (GST)= INR 944 for the component and you would be able to sell the component for INR 1000 + INR 180= INR 1180. You net profit would be INR 1180 - INR 944 - INR 36 (GST paid to government) = INR 200. 

However, if you purchase the input component "INP", for INR 800, from a non GST registered vendor or a vendor who is under the GST composition scheme, then for the "INP" component, you will not be provided any input credits. In fact, under the "reverse charge" mechanism of the GST, you will have to pay the GST for the "INP" component. So, you will have to pay INR 800 * 18%= INR 144 as reverse GST because you purchased from an unregistered or composition vendor. Again you will sell the "FNL"  component for INR 1180 and you will get INR 144 as input credits. In this case, your profit would be 1180 - 800 (cost of component) - 144 (reverse charge GST) - 36 (additional GST for the value added in the last step) = 200 .

So, you won't benefit from purchasing from an unregistered vendor. Also, it will be additional hassle for you in terms of paying "reverse charges"  etc. Additionally, the unregistered vendor is captured in the system, when you pay the reverse charges on his/her behalf. This leads to greater compliance.

This is my understanding of how this works. The experts on this portal might elaborate further.

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