Forging will and then claim ancestor property as legal heir
Forging will and then claim ancestor property as legal heir
If one manages to obtain land khatha's of ancestors based onforged will and then claim that he got it as a legal heir, is it acceptable legally?
2 years ago
A. No it is not acceptable and if proved in the court of law that he had done this by forging a legal document then we will be held criminally liable for fraud and forgery. He shall be penalized and punished under Sections 463, 464 and 465 of IPC. Also suppose that he submits the same forged document in court as genuine then he shall also be punished under Sections 191, 192 and 193 of IPC.
Does a husband has right to request the company to provide wife's maternity details
Hi Sir, My wife has left me and put several wrong cases against me in 2018. Since 2019 May she stopped coming to courts. We happen to go to to her company in Feb 2020 and we spoke with her HR and sh
2 years ago
A. Sir, as per the case details mentioned by you, if she is absent continuously from the court proceedings and as per your enquiry she is on leave you can make an application for sending summons to the company address. on that company will accept the summon or they may deny it. If they accept it and she will not remains present in court then in such circumstances you can move another application regarding her attendance details from the company. Accordingly, you can achieve your object.
Adv . Shirish Patil
Tax exemption for investment in 54EC bonds
I want to invest the amount received from sale of land in 54EC bond jointly with my wife. I was the sole owner of that land. Will I get tax exemption if I invest it as stated above?
2 years ago
A. Hi,
Asper section 54 of the Income Tax Act, taxation over capital gains from sale of property can be avoided by investing the money in other property or bonds. 54EC bond also comes under this category whereat is exempted. Thus, you can invest in the 54EC bonds to get such exemption. For further clarifications, please reach out to us.
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Tax liability on commuted pension
I retired from a CPSU. I was the member of pension fund of LIC under NHPC self contributory and post retirement benefit scheme( I have switched over to HDFC life on my retirement). At the time of swit
2 years ago
A. Yes, commuted pension will be exempt as per Section 89 of Income Tax Act read with rule 21A(4) from taxability. Therefore, you can very well avail this benefit.
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Revocation of gift deed after donee's death
Sir, my mother gifted a property to my maternal grandfather in 2017 My mother was forced by my maternal grandfather for this gift My grandfather died this year i.e 2021 Can my mother claim it back?
2 years ago
A. Hi, a deed of gift once executed and registered cannot be revoked, unless the mandatory requirement of Section 126 of Transfer of Property Act, 1882 is fulfilled. Section 126 of Transfer of Property Act, 1882 deals with when gift may be suspended or
revoked. According to it, the donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked but a gift which the parties agree shall be revocable wholly or i ...ReadMore
Vaidehi Samant
Clarification regarding OBC non creamy layer reservation
Sir do candidates who migrated from rural area to urban area , having address of urban area eligible for OBC non creamy layer reservation. If I change my and my parents aadhar card adress to my nativ
2 years ago
A. Dear Client,
Migration do not play any role in deciding whether you belong to OBC non- creamy layer or not. It generally depend on your father's income or his work position in governmental/ private institution. So once the certificate is issued it cannot be cancelled due to shifting to other place.
Thank You.
125crpc Court order for interim maintenance. can I take stay order?
Court order for interim maintenance. can I take stay order? what is the procedure
2 years ago
A. Hi, you must have strong reasons to present for this order to be granted, as maintenance is required to be paid. But it is possible to apply for it. The interim maintenance order can be challenged in the high court by preferring an appeal. Family court's interim order under Section 125 CrPC is appealable before the Division bench of the concerned High Court.
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Vaidehi Samant
can i use my phone or that chat as evidence to court?
Hi My husband used to torture me abuse very badly and exploited financially by transferring all my salary to his account. After all this when I started to resist them he threw me outside the house wi
2 years ago
A. Hi, chats cannot be used as primary evidence in a court of law. The can, however be presented in the court and treated as secondary evidence as per the discretion of the judge. If you found this helpful, please rate me.
Advocate Sinjari Bandyopadhyaya
Regarding Ancestral Property
I want to claim my share in my ancestral property,which is now in my parent's name.I would want to know how will it be divided & what is the process to get my share to sell?
2 years ago
A. First of all, for the sake of clarification, A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor. So in your case as well, this is how your ancestral property will be divided.
In order to get your share to the property, you can file a suit ...ReadMore
Advocate Sinjari Bandyopadhyaya
tenant cooperative housingsociety plots
Can a tenant cooperative housing society in Maharashtra transfer its ownership rights of the land belonging to the society to its members and remain just on paper society and that too with paying a st
2 years ago
A. Hi, it seems more details with regard to this question will be helpful. Who is the owner of the property? For how long have they been the owner? Please provide more details to enable me to answer your query better.
