Accommodation Times News Service
By CA Vimal Punmiya
QUESTIONS & ANSWERS ON WILL
What is a Will and the benefits of making one?
Ans: A WILL is a written document in which you provide for:-
the administration of your estate/assets when you die; and
the distribution of your possessions in specific proportions to specific
people whom you wish to have a share [...]
Posts Tagged ‘Legal’
FAQs on WILL
Posted by propertyagentsindia on December 20th, 2012
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Property seller can forfeit earnest Money : SC
Posted by propertyagentsindia on November 24th, 2012
PROPERTY SELLER CAN FORFEIT ENTIRE “EARNEST” MONEY IN THE CASE
OF NON-PERFORMANCE BY THE BUYER: SUPREME COURT
Tenancy cannot be created by Courts : Calcutta High Court
Posted by propertyagentsindia on November 1st, 2012
By Accommodation Times Bureau
Hon’ble Calcutta High Court had decided that consent of the land lord is must before creating the tenancy. The company in liquidation admittedly does not own the property. We cannot force Tivoli either to sell or let it out to Wacoma. Interim arrangement was made at the stage of admission of appeal [...]
Cutting of trees in society’s Compound
Posted by propertyagentsindia on October 31st, 2012
By Accommodation Times Bureau
Under Bye-law No. 162 of the Maharashtra Co-operative Housing Societies Model
Bye- laws says: No member of the society shall destroy, deface or cut down any trees
in the society’s compound. A violation may render the member concerned liable for
action.
When trees can be chopped and what are the precautions?
Trees cannot be hacked without prior [...]
Whether unutilised FSI is belongs to the Society or Builder?
Posted by propertyagentsindia on October 31st, 2012
By Accommodation Times Bureau
This is a common complaint of the flat owners that builders insist on keeping
unutilised FSI for themselves even after a society has been formed and the land
conveyed. Sometimes flat owners do not read the agreement drafted by the builder
while buying their flats. These agreements usually have clauses that the builder is
entitle to [...]
Society Secretary is a Public Servant : Madras High Court
Posted by propertyagentsindia on October 31st, 2012
By Accommodation Times Bureau
In a land mark judgement, Madras High Court had decided that Secretary of a co-operative society is a public servent hence corruption charges if proved, he can be booked. he learned Government Advocate (Criminal side) would submit referring to three Government Orders passed by the Government of Tamil Nadu that the Inspector [...]
FAQs on Securitization
Posted by propertyagentsindia on October 2nd, 2012
By M. V. Kini, Advocate & Solicitors
Q.1. Once an Account is not serviced for 90 days and Bank classified the Account as NPA, is it compulsory for the Bank to initiate Securitization Act?
Ans:- Yes. Through it is not compulsory under the law; it is in the interest of the Bank that the situation may not [...]
statement made during survey under section 133A of the Income-tax Act has no evidentiary value
Posted by propertyagentsindia on September 29th, 2012
By Legal Cell, Accommodation Times
In contradistinction to the power under section 133A, section 132(4) of the Income-tax Act enables the authorised officer to examine a person on oath
and any statement made by such person during such examination can also be used in evidence under the Income-tax Act. On the other hand, whatever
statement is recorded under [...]
Stamp Duty not applicable to Sale Certificate issued by DRT
Posted by propertyagentsindia on September 29th, 2012
By Legal Cell, Accommodation Times Bureau
WRIT – C No. – 20685 of 2005 at Allahabad : Avdhesh Tyagi & Another Vs. Commissioner Meerut Division & Others
HIGH COURT OF JUDICATURE AT ALLAHABAD Date of Decision – 24/9/2012
Court Number - Not Specified
Judgment Type - Final AFR
Coram - Hon’ble Sabhajeet Yadav,J.
Petitioner’s Counsels - U.K. Saxena , Ajit Rai and Prateek Taygi
Respondent’s Counsel - C.S.C. HIGH COURT OF JUDICATURE AT ALLAHABAD
Heard
2. The
the said loan the bank obtained security document as well as guarantee and Smt. Vimla Tyagi created an equitable mortgage
of property of Khasra Plot No. 327 area 2 bighas, 13 biswas and 6 biswansis situated in village Shahpur, District Ghaziabad as
security by depositing the [...]
Legal pundits Conference on Maharashtra Housing(Regulation and Development)Bill,2012
Posted by propertyagentsindia on September 21st, 2012
By :MR. ANIL HARISH, Partner D.M. Harish & Co.
The Maharashtra Housing Bill, 2012: HIGHLIGHTS
Present Position: The Bill has been passed by the Legislative Assembly and Legislative Council and is awaiting the assent of the President.
Objectives:
To repeal MOFA 1963, from the appointed day (s.56).
To provide relief to flat purchasers against malpractices and difficulties.
To establish a [...]
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