[ashwin.terminat]

Originally Posted by Spinnerr

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.

You hit the nail on the head.

We suspect the exact same thing. So, in order to keep ourselves in the clear, we have sent the details to RBI, Income Tax Department and the Vijaya Bank Head Office.

[rovingeye]

Folks -

We have an ancestral piece of land handed down by my grandfather to his children (my mom and her brothers) in Jamtara dist, Jharkhand. The land has a small farm house which is for many years occupied by the caretaker who lives there.

Recently, it has come to light that some (local land mafia) people are trying to sell this land off by fraudulently using a power of attorney that is purportedly signed by two of our family members, which is absolutely not true. The POA has been manufactured by these "gundas" and signed by two people who share the same last name as my grandfather, but with no actual relation (we don't even know these people). What's even more surprising is that they have apparently paid the property taxes for the last couple of years (which frankly speaking should have been paid by my uncles and was grossly neglectful), to make it look like they are genuine owners of this land.

Last week, when the actual owners (my uncles and mother) got wind of this, they rushed over to Jharkhand trying to figure out who these ruffians are. It was a Sunday, so not much could be achieved, however, on their way back, it got dark and the car they were travelling in got chased by some gunda types for a distance.

My uncles are old, peace loving people and have no experience dealing with a situation like this and are now scared out of their wits.

Any idea how we should proceed with handling the situation?

[amyth78]

Originally Posted by rovingeye

Folks -

Any idea how we should proceed with handling the situation?

You should immediately file a Civil Suit for Declaration, Injunction and Consequential relief along with an application under Order 39 Rule 1 & 2 of CPC praying for interim injunction restraining the third parties from selling the property. You can also file an FIR with the jurisdictional police for criminal trespass under Section 441 of Indian Penal Code. In case of no action from Police, you can initiate a private criminal complaint before the court of jurisdictional magistrate against the trespassers. Better to immediately get in touch with a local counsel out there to initiate necessary legal action.

Once Suit is filed, you can also put a Notice Board on the property and issue a public notice on a local news paper informing the general public about the dispute on the property and pendency of suit.

Regards,

[rovingeye]

Originally Posted by amyth78

You should immediately file a Civil Suit for Declaration, Injunction and Consequential relief along with an application under Order 39 Rule 1 & 2 of CPC praying for interim injunction restraining the third parties from selling the property. You can also file an FIR with the jurisdictional police for criminal trespass under Section 441 of Indian Penal Code. In case of no action from Police, you can initiate a private criminal complaint before the court of jurisdictional magistrate against the trespassers. Better to immediately get in touch with a local counsel out there to initiate necessary legal action.

Once Suit is filed, you can also put a Notice Board on the property and issue a public notice on a local news paper informing the general public about the dispute on the property and pendency of suit.

Regards,

Thanks a lot Amit. I've passed your advise on to my family. We will proceed as per your direction by contacting local attorney.

[girimajiananth]

Lawyers on the forum please advice.

I live in an apartment in Bangalore. The neighboring apartment complex have adopted a dog and feed it everyday. No one owns the dog as such, but it is left to roam freely. Some residents in neighboring building feed it from time to time. Now this dog has become a menace and is causing nuisance every day.

It is chained in the morning, and is let loose during the night. This dog seems to sleep all day and it is awake all night. At the slightest movement of any object / rodent / people it starts barking loudly and continues to bark all night. It is disturbing the entire neighborhood.

Many of us have spoken politely , complained to the association of the apartment complex either to muzzle the dog at night or to get rid of it. They refuse to listen to us at all. They neither accept the ownership of the dog nor disown it. How do I tackle the situation ? Would a police complaint help ?

[carboy]

Does a living will need to mention assets & who gets what or is it possible to draw up a will which says that I bequeath every thing to be distributed equally between X & Y?

Also, I think 2 witnesses are needed for the will. So what happens if the 2 witnessed die before the willer himself/herself? Does one then need to draw up a new will? Who can be a witness? Can a relative be a witness? Or does it have to be someone who is not related or someone not mentioned in the will?

Is it necessary to have an executor for the will? Who can be an executor? Does it have to be someone not mentioned in the will?

[mxx]

Not sure if this is the correct thread for this. I am renting out my apartment to 3 working professionals, who will be sharing the rent. All 3 names will be on the agreement. All 3 of them want to claim tax deduction on their share of the rent. Since the rent amount is mentioned as a single amount for the apartment in the agreement, will they be able to claim tax deduction based on their share of rent? If not, should there be any clause in the agreement which specified each ones share of rent?
PS: I am not comfortable with mentioning split amounts in the rent clause itself, because it becomes a big hassle if one of them does not pay properly. Keeping the rent clause itself intact, I am ok with a separate clause -that too only if required.

[Nonstop-driver]

Originally Posted by mxx

Not sure if this is the correct thread for this. I am renting out my apartment to 3 working professionals, who will be sharing the rent. All 3 names will be on the agreement. All 3 of them want to claim tax deduction on their share of the rent. Since the rent amount is mentioned as a single amount for the apartment in the agreement, will they be able to claim tax deduction based on their share of rent? If not, should there be any clause in the agreement which specified each ones share of rent?
PS: I am not comfortable with mentioning split amounts in the rent clause itself, because it becomes a big hassle if one of them does not pay properly. Keeping the rent clause itself intact, I am ok with a separate clause -that too only if required.

You can issue separate monthly rent receipts to them. If the rent is more than INR 8333 per month per tenant, they will need to be submit rent agreement and receipts for tax deduction.

[Nonstop-driver]

Originally Posted by girimajiananth

...complained to the association of the apartment complex either to muzzle the dog at night or to get rid of it. They refuse to listen to us at all. They neither accept the ownership of the dog nor disown it. How do I tackle the situation ? Would a police complaint help ?

They can't get rid of it, it is not legal to move or hurt a stray animal to move it from its place. Police can't help in this matter either. You can ask the municipal corp to vaccinate and sterilize the dog post which they will drop it back where they picked it from. Beyond that, you just need to learn to coexist.

Friendly disclaimer: I'm not a dog lover and views aren't biased. I have learnt the hard way after dealing with stray dogs in my apartment complex

[rovingeye]

Originally Posted by Nonstop-driver

They can't get rid of it, it is not legal to move or hurt a stray animal to move it from its place. Police can't help in this matter either. You can ask the municipal corp to vaccinate and sterilize the dog post which they will drop it back where they picked it from. Beyond that, you just need to learn to coexist.

Friendly disclaimer: I'm not a dog lover and views aren't biased. I have learnt the hard way after dealing with stray dogs in my apartment complex

Love the "friendly disclaimer".

Yes, that's the hard reality today. I live in a largish community that has some "dog lovers" too and plenty of (20 maybe spread across their individual territories) strays. They bark all night and create a terrible ruckus. And it doesn't end there. There have been some incidents of these ferocious animals chasing and biting kids, elderly and delivery guys.

We as a several hundred strong community are held hostage by these dogs and are unable to do anything because some dog lovers are also a part of the community and are fighting for the dogs' rights.

The solution of municipal dept picking these animals up, sterilizing them and dropping them off to their original location is not working.

I think its time the laws are modified a bit to allow controlled culling of strays. Humans suffering from the stray dog menace need to be "heard" too.

[Jaguar]

Originally Posted by girimajiananth

It is chained in the morning, and is let loose during the night. This dog seems to sleep all day and it is awake all night. At the slightest movement of any object / rodent / people it starts barking loudly and continues to bark all night. It is disturbing the entire neighborhood.

I am no legal expert but I believe you have a loophole here due to the fact that someone chains the dog during the day. Try to get video evidence of the people chaining the dog and file a complaint stating that it is not a stray dog since it is chained and the owner should always keep it under leash.

[Nonstop-driver]

Originally Posted by rovingeye

We as a several hundred strong community are held hostage by these dogs and are unable to do anything because some dog lovers are also a part of the community and are fighting for the dogs' rights.

Work with them to find a solution. First of all, get them vaccinated asap and ensure no new dogs enter the complex carrying rabies on them. Sterilizing them will ensure they won't multiply so your problem is restricted to 20 dogs until they age out.

Then designate feeding zones within the apartment so that the pet lovers can feed them and the dogs don't wander around in search of food. This will solve 75% of your problems. The best way is to co-exist and maybe work with the pet lovers to use them to guard your complex.

Also chasing the existing dogs away won't work because dogs are territorial animals and if you chase these away, some other dogs will occupy their territory.

[mxx]

Originally Posted by Nonstop-driver

You can issue separate monthly rent receipts to them. If the rent is more than INR 8333 per month per tenant, they will need to be submit rent agreement and receipts for tax deduction.

First of all, thanks for the reply.

The apartment is owned by my father, and we are not into business or anything. So, since we do not have a printed receipts and such, will print out on a white paper with his signature work as a receipt?

Also, I am assuming from your reply that we do not need to mention split amount in the agreement itself, am i right?

[Nonstop-driver]

Originally Posted by mxx

First of all, thanks for the reply.

The apartment is owned by my father, and we are not into business or anything. So, since we do not have a printed receipts and such, will print out on a white paper with his signature work as a receipt?

Also, I am assuming from your reply that we do not need to mention split amount in the agreement itself, am i right?

Yes, and yes. Google for rent receipt formats, you'll get tons of them.

[Red Liner]

I have a sole proprietorship based in Chennai.

For all practical purposes, we operate from Bangalore.

We treat the Blr office as the corporate office and the Chennai office as the registered office.

Can I get a unique GST number for the Corporate office? I have one for the registered office, but having trouble using that on Amazon (they recognize only the GST number of the Shipping state address), and hence am losing quite a bit of input tax credit annually.