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Old 22nd November 2018, 22:41   #301
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Hi All,

Can anyone advise me what would be total cost ( including govt fees, lawyer fees and any overheads or under tables) of executing a general power of attorney in Pune.

Purpose is mainly for property renting and selling rights.
It should cost you max 5k. Anything more is looting.

I took a registered power of attorney from my wife in Bangalore for sale of our joint property in Patna.
I googled, found bunch of ads on google and cold called them. First 2-3 folks were restless, unwilling to hear or understand requirement and wanted me to come meet in person and discuss. The 3rd/4th guy patiently heard my requirements, gave direct solution and estimated time and fees and list of documents required.
I proceeded with him and he charged around 2.5 or 3k. Very professionally done and have used them for other works like PAN card etc.

All the best.
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Old 23rd November 2018, 00:46   #302
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

A good friend of mine got 6L from me for his business expansion and gave me 3 cheques of 2L each without mentioning date as collateral but suddenly he passed away 3 months back. Now what do I do? Is his wife or mother liable to pay the loan he has borrowed from me?
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Old 23rd November 2018, 11:05   #303
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A good friend of mine got 6L from me for his business expansion and gave me 3 cheques of 2L each without mentioning date as collateral but suddenly he passed away 3 months back. Now what do I do? Is his wife or mother liable to pay the loan he has borrowed from me?

Cheque dishonour case will not be maintainable as the issuer if cheque has passed away unless it is a joint account and the money was borrowed jointly. If you are able to establish that money was in fact borrowed and complete the chain of facts and events, you can file a civil suit for recovery of money against the legal heirs of the deceased.
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Old 10th December 2018, 16:54   #304
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Dear Lawyers,
My builder has completed the construction of my flat but has not done it in other blocks( other attached ones) or finished the amenities. He is however pushing for possession of the flat and insists on doing the registration. I am bit skeptical to do the registration without getting the Occupancy Certificate. Even though some families have already moved in I am not convinced about the oc aspect. I still need to pay 15% of the flat cost which was in the agreement after the possession.
Guys what is the legal recourse that I can take if the builder is pushing for registration of flat but hasn't yet applied for OC? Should I pay rest of the amount or wait till they get the OC ?

http://bengaluru.citizenmatters.in/c...o-buyers-25891

I see there is some favourable judgement in the above thread. How do I get a copy of this judgement so that I can show it to the builder (Mahaveer).


Thanks in advance.
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Old 10th December 2018, 17:48   #305
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Dear lawyers

Request your advice on how to handle this situation. Should I go to Police? Or consumer forum? Please advice
Issue a demand notice for immediate refund of the amount. You may engage a lawyer for issuance of a notice or issue it by your own. In case the Agency still neglects to refund the amount then you can exercise both the below options:

1. Approach Economic Offence Wing (EoW) of your local police station and lodge a criminal complaint. No lawyer required and State will prosecute the accused. Legal cost and expenses will be saved. However, visits to police station, courts, etc. cannot be avoided;

2. Initiate a proceeding before concerned District Consumer Dispute Redressal Forum. No lawyer required. Minimum court fees and speedy process. You can personally appear and plead your case before the Consumer Forum. No specific formats for lodging the complaint, hence, no legal process knowledge is required.

Keep all communications in writing for records. You may require the same in both the above proceedings.

PM me in case of any further query / clarifications.

Regards,

Amit
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Old 10th December 2018, 17:55   #306
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Originally Posted by Rodie09 View Post
Hi All,

Can anyone advise me what would be total cost ( including govt fees, lawyer fees and any overheads or under tables) of executing a general power of attorney in Pune. This will be for my brother who is now a British citizen and will be in India to execute this in name of my father.

It would be great if you can guide to me a suitable lawyer in Pune too.

Purpose is mainly for property renting and selling rights.

Thanks!
Total cost including stamp duty, govt. registration fee, lawyers fees, etc. should not exceed more than INR 5K. I can provide you standard format of GPA, which you can take forward with an Advocate for finalization, execution and registration. It will save your cost. PM me your email id and I will share the draft and contact number of my regular Advocate who handles these works for me in Pune.

Regards,

Amit
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Old 16th December 2018, 10:06   #307
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Originally Posted by redcruiser View Post
Dear Lawyers,
My builder has completed the construction of my flat but has not done it in other blocks( other attached ones) or finished the amenities. He is however pushing for possession of the flat and insists on doing the registration. I am bit skeptical to do the registration without getting the Occupancy Certificate. Even though some families have already moved in I am not convinced about the oc aspect. I still need to pay 15% of the flat cost which was in the agreement after the possession.
Guys what is the legal recourse that I can take if the builder is pushing for registration of flat but hasn't yet applied for OC? Should I pay rest of the amount or wait till they get the OC ?

http://bengaluru.citizenmatters.in/c...o-buyers-25891

I see there is some favourable judgement in the above thread. How do I get a copy of this judgement so that I can show it to the builder (Mahaveer).


Thanks in advance.
There are 2 parts - registration and moving in. Registration is due immediately on payment of 20% of the consideration and it's for your safety. I think in Bangalore, they have 2 agreements - Agreement for Sale (AFS) and then the final Sale Agmt. AFS you might've entered into already and presume he wants the Sale Agmt done now.

Moving in is legally not allowed without OC.

I presume he's not asked to do so in writing, as he would be then doing something illegal.

Tell him very clearly, perhaps in writing that you cannot stay in the flat without an OC, as it is legally going to be a problem to you.

Also tell him if he insists, you are happy to take possession and maybe start your interior work, but would pay the balance amount only post OC.

In any case, a flat without OC is technically still under construction, so your power, water, etc costs will beat a much higher rate unless he's able to manage it.

Of course, there's an option to complaint to the RERA authority, but maybe you don't want to go down that road till you have them asking to take possession without OC in writing.
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Old 16th December 2018, 13:08   #308
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Hi -

I need the services of a good lawyer who has experience drafting buyer-seller and broker contracts and agreements in the wholesale Ecommerce space.

Not looking for pro bono service. If someone here is available in Delhi, please PM me.

Thank you.

Edit: It will be awesome if you have knowledge of customs clearance and international payment tools such as letter of credit etc.

Last edited by rovingeye : 16th December 2018 at 13:16.
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Old 17th December 2018, 17:45   #309
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I am not sure if going through legal channel will help in this case, so I am asking here before I do.

Our family had been investing in Adarsh Credit Co-operative Society for past 2-3 years. Me and my brother have relatively small amount (3-4lakhs) but my father has around 20lakhs invested.

Recently, the founders of the co-operative society have been arrested in scam. So, our investment is in a limbo now.

They have been holding payment for quite sometime now (past 3-4 months) stating various reasons like NEFT not working, software issues, etc.


According to news, however, not all of investors money has been mis-routed. So, they do have some money with them.

I want to know, going by legal route and filing a case against them going to help in repayment of our money. I mean, can I give an edge to us, and force them to payback our money if they have in their accounts.

Last edited by shashankjain16 : 17th December 2018 at 17:59. Reason: formatting
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Old 17th December 2018, 17:58   #310
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Originally Posted by shashankjain16 View Post
I want to know, going by legal route and filing a case against them going to help in repayment of our money. I mean, can I give an edge to us, and force them to payback our money if they have in their accounts.
A case for recovery and U/s 420 can be filed against them. Yes, you will get your money only if you file a case against them.
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Old 18th December 2018, 08:51   #311
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Dear CAs,

I know there is a TDS deduction of 1% if you purchase a property above 50L according to section 194IA.
Now my question is what are that charges that should be included in the property price!!

For ex-
Area 1594 Rate per sq=3750 =5977500
flat Cost = 5977500
Car parking=200000
KEB&STP ,Rainwater Recycling=239100
Tax =633193
Club Membership = 50000
Association deposit=10000
BWSSB Deposit (Capital Contribution )=10000
Agreement Value = 7119793


As you can see there are many other charges apart from flat cost here. So What does the law on TDS actually states regarding these extra charges ?

Can you guys let me what should be the TDS for such a scenario ?

Many Thanks in advance
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Old 18th December 2018, 09:49   #312
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I think TDS is applicable on agreement value exceeding 50 lakhs. It is not concerned with the split of the cost.
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Old 20th December 2018, 00:27   #313
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

So, in the month of September, a large cash deposit (>5,00,000 rupees) was made in our bank account held in a Nationalised Bank.
Since the account is dormant, we didn't notice it.

This December, three months later, the bank asked us to return the money saying the bank clerk entered the account number wrong. We are ready to return the money provided the bank furnishes all the documents we need to keep us in the clear should Income Tax officials come calling even years later.

The point of contention is us asking for an affidavit stating every detail vs them saying they can only give a letter from the Branch Manager. The reason they cite is an affidavit will have to come from the Head Office the clerk who made the mistake will lose her job since an investigation will be held.

Wanted to know from the experts here if an affidavit is enough or if we can make do with just a letter?
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Old 20th December 2018, 03:36   #314
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Wanted to know from the experts here if an affidavit is enough or if we can make do with just a letter?

A letter from the Branch Manager on the letter head of the Bank with official seal/ stamp should be good enough. Just ensure that all particulars/ details are mentioned in the letter about the deposit with your bank account number, amount, date of deposit mentioned and the fact that the same was credited inadvertently and hence, refund was sought. You may ask the Bank to also undertake to reimburse any tax or any liability that may arise in future in relation to such inadvertent transaction.
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Old 24th December 2018, 14:47   #315
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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So, in the month of September, a large cash deposit (>5,00,000 rupees) was made in our bank account held in a Nationalised Bank.
Since the account is dormant, we didn't notice it....
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Originally Posted by jbpanda View Post
A letter from the Branch Manager on the letter head of the Bank with official seal/ stamp should be good enough....
IMO, maybe be a little extreme, but isn't this an example of money laundering by dishonest bank employees?

I don't remember the details, there was a cobrapost expose way back, and some of these major private sector banks were offering 'services' to move your black money around. And using dormant accounts was one of their methods.
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