IT liabilities
IT liabilities
I am about to receive death insurance benefits of my son who recently passed away. He was married and his wife is nominee. She will pass on me the benifits. I am 64 years fully dependent father of my
2 months ago
A. Dear Client,
Nomination serves as a provision allowing the nominee to claim assets as a 'custodian' upon the depositor's demise. The Insurance Laws (Amendment) Act of 2015 designates immediate family members (spouse, children, or parents) as beneficial nominees, granting them the right to receive the claim amount, prioritizing them over other legal heirs. According to the Hindu Succession Act of 1956, legal heirs of a deceased Hindu male, such as a wife and other successors categorized as Clas ...ReadMore
Claiming Possession of Shop After 40 Years
My grandfather divided the house into two parts. In the will, it is mentioned that half of the property is ours, and the house has 6 rooms and one shop. We have had possession of the shop for 40 years
2 months ago
A. Dear Client,
To establish ownership through adverse possession, the claimant must continuously and uninterruptedly occupy the property for the entire statutory limitation duration. The possession should be hostile, indicating that the claimant occupies the land without legal title awareness. As per Article 64 of the Limitation Act, 1963, a 12-year limitation period applies to claims based on previous possession, not on title. Article 65 of the same act sets a 12-year time limit for a suit for ...ReadMore
Regarding EWS certificate for a Married Person
I am a married person living with spouse and son since 20 years divide from family. Is my mothers property counted as my property for EWS certificate
2 months ago
A. Dear Client,
To be eligible for an EWS (Economically Weaker Sections) Certificate, the candidate's annual family income should be less than Rs. 8 lakhs, and their family should not possess more than 5 acres of agricultural land. Additionally, the residential flat area must be below 1000 sq ft. If these conditions are met, individuals can apply for the EWS Certificate through the competent authority. For further information or clarification, one may visit the offices of DM/SDM/Tehsildar.
Can society charge transfer fee before formation of society
I bought a flat in Surat, Gujarat in 2016 from the previous owner who bought the apartment from the builder in 2011. The society was formed in the year 2019 and share certificates were provided to the
2 months ago
A. Dear Client,
Charging a transfer fee from flat owners who purchased their flats before the formation of the society is not legally permissible. To address this issue, it is recommended to collectively file a mass complaint with the Registrar or Deputy Registrar of the society, seeking a resolution for this arbitrary and unjust action.
Open Space Area in Sale deed
I received my flat through bank e-auction from one of the state owned bank. In the e-auction the Sale notice states 3 items for sale (3 flat - 1 Flat in Grnd Floor & 2 Flat in 1st Floor). The item w
2 months ago
A. Dear Client,
Any construction that deviates from the approved building plan is considered illegal and unauthorized, particularly after the issuance of a Completion Certificate (CC) or Occupancy Certificate (OC) by the building plan-approving authority.
The rooftops of a building are typically considered open terraces or open areas, which form part of the common area usable for all the floor owners of the multistoried building. Legally, a builder or developer does not have the right to sell th ...ReadMore
PPF Nominee vs Legal heir
My father opened PPF account in post office and made my sister nominee in that account. Now after my father death cam me(son) and my mother have claim in ppf account besides my sister who is nominee.
2 months ago
A. Dear Client,
Nomination in financial instruments, such as fixed deposits, primarily designates a person (nominee) to receive the proceeds or benefits of the asset upon the death of the account holder. However, the nominee does not become the owner of the asset; instead, they act as a custodian or trustee.
The legal ownership of the assets, including fixed deposits, is determined by succession laws in the absence of a will. In case of the depositor's death intestate (without a will), the legal ...ReadMore
Common space
What of i have place safety grill door in my open space which do not impact on other residents or there is no objections from my wing peoples can a society issue letter for same
2 months ago
A. Dear Client,
In a multistoried building, any open space or open terrace is typically considered a common area. Common areas are shared spaces for the use and enjoyment of all the residents in the building, and individual flat owners are generally not allowed to use or occupy them for personal use unless otherwise specified in the bylaws of the housing society.
If a society takes action to prevent a flat owner from using or occupying such common areas for personal use, it is likely in accordan ...ReadMore
Property transferred from my grandfather to grand son and grand daughter
Dear Sir, My name is kuldeep; I am from Delhi, This is an issue of domestic violence and property related. Sir My grandfather has two grandson & two granddaughter, and grandfather had transferred
2 months ago
A. Dear Client,
If the property was originally transferred to the grandsons and granddaughters in 1998 and your grandfather passed away in 2005, it raises concerns if the property was subsequently sold in 2018 by someone other than the grandsons and granddaughters. In this scenario, where the property is considered ancestral and the grandchildren have entitlement to an equal share in it since their birth, it may be necessary to take legal action to protect their rights.
You may consider filing a ...ReadMore
Dont want to give my ancestor property share to my younger son
I have four acre in haryana and my younger son is a criminal and fraud person. I don't want to give him any share of my ancestor property and want to give full share to my elder son. Kindly provide th
2 months ago
A. Dear Client,
An individual acquires the right to ancestral property by birth. Ancestral property typically refers to property inherited for four or more generations that has not been divided or sold off. In the case of the property inherited by your grandfather, it is considered ancestral property, and all the grandchildren are entitled to an equal share in the property since their birth.
It is important to note that a coparcener, in this case, your grandfather, does not have the right to uni ...ReadMore
Mom affair
I am 21 years old and my mom has had many affairs even before I was a child and recently a new one is going on. I am fed up of fighting, she tells every lie, now I don't believe her words at all, so p
2 months ago
A. Dear Client,
There is no law against extra-marital affairs in India. Adultery, which was previously a criminal offense, was decriminalized by the Supreme Court of India, declaring it unconstitutional. Despite the absence of criminal consequences, adultery can still be considered grounds for divorce, and it may have legal and social consequences, particularly for women.
In the given scenario, seeking guidance from a professional counselor with expertise in dealing with extramarital affairs can ...ReadMore
