Go Back   Team-BHP > Around the Corner > Shifting gears


Reply
 
Thread Tools Search this Thread
Old 8th October 2015, 00:59   #136
BHPian
 
johnjacob's Avatar
 
Join Date: Sep 2004
Location: Bangalore, INDIA
Posts: 344
Thanked: 24 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by shipnil View Post
Generally, it is the responsibility of landlord to give fittings and fixtures in working condition at the time of hand over of flat to tenant. Same is expected from tenant to landlord when tenant vacates the flat. So during the rental period, it is tenant who has to maintain the flat.
This seems to be the custom in India, that the tenant is responsible for normal wear and tear. However, in most of the western world, wear and tear is the responsibility of the landlord. For example, see the first paragraph in page 9 of the New York State Tenants Rights Guide. This is just another way that India is consumer unfriendly.
johnjacob is offline   Reply With Quote
Old 8th October 2015, 10:41   #137
BHPian
 
WorkingGuru's Avatar
 
Join Date: Sep 2013
Location: Bangalore
Posts: 189
Thanked: 225 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by suhaas307 View Post
Your dad's lawyer is probably right. Hiring a decent advocate will set you back a fair amount. Costs of litigation will be on the higher side. Actual 'court fee' may not be much but in addition to that, lawyers will charge for appearances and expenses during proceedings. Court fee is calculated based on the provisions of the 'Court Fee and Suit Valuation Act' of the State and also depends on the relief sought for.

Attempting to cut the electricity connection at this juncture may invite more litigation.

My suggestion would be to send a few strongly worded legal notices via RPAD. This is only to get a feel of the situation and create a base for future litigation, god forbid.
Thanks.

Notice was sent, he hasn't replied, dad is hesitating & doesn't want a 26year old to face courts.

We're willing to co-operate and maybe even lose abit, but the tenant isn't even communicating!

As per my lawyers advise, I've verbally requested the BESCOM to temporarily disconnect the electricity. If he pays the bill, atleast I won't be left with a huge one. Maybe it'll loosen him abit to atleast answer calls.

Anyway, given this present situation, I guess we'll have to send another notice (apparently so, since the month of September has passed), and go ahead legally.

The court fee is apparently ~60k (viz the approx monthly rent), and the rest would be lawyer fee, additionally there'll be expenses when the eviction execution - for the court eviction officer & Cops and also maybe labour & trucks.

Lets see.

Thanks for the advise!
Rgds
WorkingGuru is offline   Reply With Quote
Old 12th January 2016, 16:44   #138
Newbie
 
Join Date: Jan 2016
Location: Bangalore
Posts: 5
Thanked: 2 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Hi All,

I am based in Bangalore. My dad had leased out a lodge 30 years ago. The lease agreement expired a few months back but the tenant refuses to vacate. He is asking for a 3 year extension (with higher rent, the current rent being 15k per month) which is not acceptable to us. We have filed a case in the court but the hearings happen only about once a month. Our lawyer has told us that the court wants both parties to mediate a solution. Our lawyers' suggestion is to go for extension and get the extension agreement signed by a judge.

My fear is that, even after the extension duration is over, the tenant may refuse to vacate and we may have to start all over again.

The tenant also said that if we don't agree to the extension, he can simply drag on the case for eternity. If he could really do that, why would he ask for an extension?

Any suggestions? Thanks.
nikhilck is offline   Reply With Quote
Old 12th January 2016, 18:38   #139
BHPian
 
WorkingGuru's Avatar
 
Join Date: Sep 2013
Location: Bangalore
Posts: 189
Thanked: 225 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by WorkingGuru View Post
...
Notice was sent, he hasn't replied, dad is hesitating & doesn't want a 26year old to face courts.

We're willing to co-operate and maybe even lose abit, but the tenant isn't even communicating!...
Update : It was sorted amicably. Also, we didn't lose as much money as we thought & are relieved. Good riddance!

Quote:
Originally Posted by nikhilck View Post
Hi All,...
Any suggestions? Thanks.
At this stage I guess you've been able to prove he was a tenant & has NO legal right to continue. The courts ask suggest mediation, but you can opt out.

The fact that he's ready to settle for an extension indicates that the tenant has a very very weak case & won't be able to drag it for long. But it also depends on your lawyers ability to insist he leaves immediately in court & is able to 'prove' that you desperately require it for personal purposes.

IMO mediate negotiate for him to leave within 1 year after relinquishing any rights & allowing you to quadruple the rent if he continues to stay.

Being signed in court & by judge doesn't mean it's written on stone. He may ask for further extention, so IMO make sure you get clauses such as the above signed & register it as lease deed.

Last edited by WorkingGuru : 12th January 2016 at 18:40.
WorkingGuru is offline   Reply With Quote
Old 14th January 2016, 23:57   #140
Newbie
 
Join Date: Jan 2016
Location: Bangalore
Posts: 5
Thanked: 2 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

@workingGuru: Thanks for the reply. I have one more question. I've come across something called "eviction notice" while browsing this topic on the net. Now that we have already filed a case, should we also be filing an "eviction notice"? How different is it from a regular case and will it improve our chances of getting the lodge back?

Thanks.
nikhilck is offline   Reply With Quote
Old 19th January 2016, 08:00   #141
Newbie
 
Join Date: Sep 2013
Location: Bangalore
Posts: 20
Thanked: 7 Times
Default

Quote:
Originally Posted by nikhilck View Post
@workingGuru: Thanks for the reply. I have one more question. I've come across something called "eviction notice" while browsing this topic on the net. Now that we have already filed a case, should we also be filing an "eviction notice"? How different is it from a regular case and will it improve our chances of getting the lodge back?

Thanks.
The 'eviction notice' you have come across is the notice a landlord issues to the tenant terminating the tenancy. It'll have to be as contemplated in the lease deed or if it is a month to month tenancy then a fifteen days notice. If you have already filed the case then you would've terminated the tenancy and you would have already passed this stage.. Check the documents filed along with your plaint. There should already be a legal notice issued by your lawyer.
Tjax is offline   Reply With Quote
Old 3rd March 2016, 12:44   #142
Newbie
 
Join Date: Jan 2016
Location: Bangalore
Posts: 5
Thanked: 2 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Hi guys,

Can you suggest a law book that a layperson can read to get a basic understanding of what's going on in the case? This is regarding real estate law. The book should be written in a simple way. I want to know because I want to be in the know, I want to know what's the next step and if my lawyer is doing a good job.

Thanks.
nikhilck is offline   Reply With Quote
Old 7th March 2016, 16:05   #143
BHPian
 
avdhesh15's Avatar
 
Join Date: Jan 2014
Location: Mumbai
Posts: 523
Thanked: 528 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Hi

A question on land purchase - can a private limited company purchase agricultural land (to carry out agricultural activity) in Maharashtra?

An associate has purchased land in his personal name and along with partners is setting up an agricultural business which doesn't require for the land to be converted to Non-Agri (NA). However, partners are insisting that land be transferred to company to ensure long term viability of project in event of misunderstandings in future.

He can convert land to NA but then it's an expensive process and hence would like to know the suggestions of most "friendly" way of transferring the land to company name.

Thanks!
avdhesh15 is offline   Reply With Quote
Old 9th March 2016, 10:00   #144
BHPian
 
Join Date: Nov 2014
Location: Pune
Posts: 46
Thanked: 44 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by avdhesh15 View Post
Hi

A question on land purchase - can a private limited company purchase agricultural land (to carry out agricultural activity) in Maharashtra?

Thanks!
Please refer Section 63, 63 1A, 63A, 64 & 65 of the Bombay Tenancy & Agricultural Lands Act, 1948. Though the sale of agricultural land in favour of non-agriculturist is barred under Section 63 of the said Act. However, District Collector / Revenue Officer authorized by Government in this behalf may grant permission for such sale under certain conditions.

In your case, as the Company will continue to carry agricultural activities in the land, sale permission may be easily obtained. Hope the Company's MoA&AoA refers agricultural activities as a primary object.

You may would like to consult a real estate lawyer dealing with such property transactions further on this.
amyth78 is offline   Reply With Quote
Old 9th March 2016, 10:11   #145
BHPian
 
Join Date: Nov 2013
Location: Chandigarh
Posts: 149
Thanked: 141 Times
Default

Hi everyone,
I am soon going to open a dairy farm. Now there are 2 aspects to this business, one is taxable and the other non-taxable. I wanted to know that can I structure my company as such that I can show more profits towards the non-taxable/agriculture aspect. And if doing so, can the IT dept punish me for that. I basically want to show that I buy fodder from my father at a high price hence shifting the profits towards the agriculture part of the business.
rdst_1 is online now   Reply With Quote
Old 9th March 2016, 10:48   #146
Distinguished - BHPian
 
condor's Avatar
 
Join Date: Jun 2006
Location: Speed-brkr City
Posts: 10,323
Thanked: 3,665 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Question to the CA's:
Is there anything in IT rules about a limit on international on-line purchases using credit cards issued in India ?



Should not be
condor is offline   Reply With Quote
Old 12th March 2016, 20:27   #147
Senior - BHPian
 
fine69's Avatar
 
Join Date: Dec 2008
Location: New Delhi
Posts: 1,395
Thanked: 839 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Need advice from the CAs. My wife runs a garment manufacturing business and we recently got ourselves a Tax Identification Number (TIN). While we have a CA who's a relative but I don't really feel too confident talking to her so wanted to direct my question to this group.

As per the DVAT act of 2014, Third Schedule (5%) readymade garments would attract a VAT of 5%. However, a little update on 1 April 2010 says that it is for readymade garments costing upto 5000 rupees

Quote:
01.04.2005 to 10.05.2005
Readymade garments.
11.05.2005 to 31.03.2010
Readymade garments but not including those made of khadi.
01.04.2010
Readymade garments costing upto rupees five thousand but not
including those made up of khadi.
What does this really mean? If our invoice shows a sale of 5001 do I charge 12.5% VAT on it?

EDIT: What's the best way of keeping up to date when it comes to VAT (specifically Delhi VAT). I'm sure CAs also just read books or be part of some forums, what do I do to keep myself posted on this stuff?

Last edited by fine69 : 12th March 2016 at 20:28.
fine69 is offline   Reply With Quote
Old 12th March 2016, 20:54   #148
BHPian
 
KK_HakunaMatata's Avatar
 
Join Date: Jan 2016
Location: Bangalore
Posts: 336
Thanked: 280 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by fine69 View Post
Need advice from the CAs. My wife runs a garment manufacturing business and we recently got ourselves a Tax Identification Number (TIN). While we have a CA who's a relative but I don't really feel too confident talking to her so wanted to direct my question to this group.

As per the DVAT act of 2014, Third Schedule (5%) readymade garments would attract a VAT of 5%. However, a little update on 1 April 2010 says that it is for readymade garments costing upto 5000 rupees

What does this really mean? If our invoice shows a sale of 5001 do I charge 12.5% VAT on it?

EDIT: What's the best way of keeping up to date when it comes to VAT (specifically Delhi VAT). I'm sure CAs also just read books or be part of some forums, what do I do to keep myself posted on this stuff?

Your understanding is absolutely right.

Readymade garments costing upto Rs. 5000 is taxed at 5% and over the said amount is taxed at 12.5%. Reason being "Readymade garments costing upto rupees five thousand but not including those made up of khadi" are listed in Third Schedule to the DVAT Act, which are chargeable at 5%. Any goods which are not mentioned in any schedule would be levied at 12.5% (unscheduled goods). Readymade garments are taxed in similar ways in most of the states in India (albeit the threshold and rate of tax may differ).

Also, FYI "Khadi ready made garments, bags and made-ups" are exempted from tax as being part of the First Schedule to DVAT Act.

As for as getting updated, there is no automatic way, either you need to ask your known consultant / CA to send you updates as and when they come, or you can check in www.dvat.gov.in website periodically or you can register in www.taxguru.in where you receive all sorts of updates (you will get all the updates which may not be relevant for you also on a daily basis, so think before you register for updates).

Regards,
KK
KK_HakunaMatata is offline   Reply With Quote
Old 16th March 2016, 10:57   #149
BHPian
 
grevvity's Avatar
 
Join Date: Sep 2015
Location: Bangalore
Posts: 56
Thanked: 39 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Hi All,

I am not sure if my query is relevant to this thread but I am posting it here as I couldn't find any other related thread.

I have moved to Bangalore (Whitefiled) along with my family in August last year and in December hired a house maid referred by a neighbor in my apartment. Last week on Monday 7th March we discovered that almost entire jewelry of my wife and some cash is missing from one of the cupboard (stupid me of not locking it while we are at home). We were in an utter shock as there was no forced entry into the house and nobody visits our house except for our maid. Hence, we were pretty much sure that she is involved in it and I immediately filed an FIR in the nearest police station.

Now the issue is that these folks at the station are not doing anything at all. They haven't even questioned her properly nor they have conducted any search at her residence. Heck they do not even know her address till date. Instead of helping me out, they are trying to avoid my calls and whenever I go and visit the Inspector in person, they make me sit and wait for hours and simply say that we are investigating the theft which I am sure they are not They, on multiple occasions made remarks on me being an outsider (which do not know the local language either) is a burden on the state and should not have come to Bangalore at the first place.

I need advise on what should I do now? The amount of cash and jewelry is not small (approx 2.5 Lakh INR) and I cannot let it just like that. Please help.
grevvity is offline   Reply With Quote
Old 16th March 2016, 11:27   #150
BHPian
 
Join Date: May 2012
Location: MH14-KA01-TN19
Posts: 69
Thanked: 23 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by grevvity View Post
Hi All,

I am not sure if my query is relevant to this thread but I am posting it here as I couldn't find any other related thread.

I have moved to Bangalore (Whitefiled) along with my family in August last year and in December hired a house maid referred by a neighbor in my apartment. Last week on Monday 7th March we discovered that almost entire jewelry of my wife and some cash is missing from one of the cupboard (stupid me of not locking it while we are at home). We were in an utter shock as there was no forced entry into the house and nobody visits our house except for our maid. Hence, we were pretty much sure that she is involved in it and I immediately filed an FIR in the nearest police station.

Now the issue is that these folks at the station are not doing anything at all. They haven't even questioned her properly nor they have conducted any search at her residence. Heck they do not even know her address till date. Instead of helping me out, they are trying to avoid my calls and whenever I go and visit the Inspector in person, they make me sit and wait for hours and simply say that we are investigating the theft which I am sure they are not They, on multiple occasions made remarks on me being an outsider (which do not know the local language either) is a burden on the state and should not have come to Bangalore at the first place.

I need advise on what should I do now? The amount of cash and jewelry is not small (approx 2.5 Lakh INR) and I cannot let it just like that. Please help.
So sorry to hear this. Perhaps you can get in touch with your apartment manager as they might have already established similar connects in law & order situations. I am not sure whether this will help you register an FIR but found this online - http://bcp.gov.in/report_lost_item.aspx
anoop.nair is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Calling doctors/dentists/specialists on Team-BHP to provide free consultations Tejas@perioimpl Shifting gears 2663 16th August 2017 19:11
Tata SKY / Dish / CAS what is your choice .... all south delhi BHPians whatcanthisbe Gadgets, Computers & Software 1 29th December 2006 10:31


All times are GMT +5.5. The time now is 03:08.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks